Tenant’s Right To Live In “Quiet Enjoyment”

Barry,

If one tenant is saying no then that is final - but you have to ask yourself WHY they are saying no. Is it a lone female who would prefer you to be accompanied by someone? Are they trying to hide something?

Anyway your attempt at gaining access without permission means you have broken the law and effectively attempted to trespass - however trespass is a very difficult area of law best left to those who are solicitors! If you are reported for illegal entry/trespass/harassment then you could find yourself up in front of the magistrate rather sharpish.

You have also broken the law by renting your property without an EPC and have left yourself open to be fined.

I would send the tenants a letter explaining that you need entry to fulfill your legal obligations as a landlord. Try to reason with them but if they say no - you are stuffed.

Jools

Thank you for your comments/advice , i realise now that i should have got an assessment done but i overlooked it as a requirement . I have spoken to a friend about this and he thinks that i can obtain an injunction at c.court to gain entry to get the assessment done what are your views on this ? The tenant is still not cooperating with my requests.

thanks again

So Barry, you want to go into Court to obtain an injunction to enter your property where you are going to have to admit to the magistrate that you broke the law in initially renting the property and now you want to break your tenants rights to put right your mistake?

Good luck on that one pal!

Jools

I'm with Jools on the tree thing! I have recently bought a property to rent out, though it is no palace... small terraced with a small back garden so I don't think I'll be having problems with trees (having said that, stupidity knows no bounds). Anyhow, good site/blog, some invaluble advice... Thanks!

Hi
we have recently rented a house in the suburbs. after 3 months we have recieved a compaint in writing from the agent stating our neibour (semi detached house)had complained that she headr our tv at 6 am in our bedroom and us opening our wardrobes before departing for work. We leave at 7 20 and return at 18.20 M-F. My husband and I are the only occupants and we are proffesionals in our 50's.
We went round to see the neighbour and had a polite discussion. She is a retiree and she stated that she did not get up at 6 am and wanted to remain in bed until later for a "lie in".
She then asked us to not put our tv on unless it was between the hours of 9.00-23.00. She also asked if we would take our clothes out of the wardrobes the night before so she would not be disturbed.
We are miserable and feel at 55 we are back living with our parents!
We pay £1800 a month and want to know our rights on this? are we really not allowed to have the tv on to listen to the news and traffic reports at 6am or watch a movie in bed after 23.00 hours?
Should we move? Are we able to look to the neighbour for our moving costs?
PLEASE HELP!!!
Thanks
Beverly

Just to advise concerning a previous question. Your Landlord may enter your property five times per calendar year, this being, once every three months and once for a yearly inspection. To enter the property they have to gain permission from the tenant for a day and time that is acceptable for the tenant. Although 24 hours is a reasonable request, the landlord must except that if this is not acceptable for the tenant, and that the tenant offers a reasonable alternative, then the landlord must accept these terms. A Landlord may only enter his or her property without your knowledge or indeed presence only if accompanied by emergency services. Some of you may find the following document helpful; The Office of Fair Trading Document OFT356 paragraph 3.32

I wish you luck as there are far too many people making money off the back of those less fortunate, and illegally at that. Whatever happened to MORALS?? And i'm only 38!!

Hi

The landlord's agents never arrange a specify date or time, they just say sometime between 10-4 on this week. They always email, and never confirm in writing.

This means no one can possibly be in when a representative of the agents visits.

Are we within our rights to ask for a specific date?

The landlord to the block of flats next door to me is in the front and back gardens near the windows and in the stair well nearly every day - its a converted 4 storey Victorian terraced house. He gets on my nerves nosing round and commenting on my property, dog relatives and business in a very loud voice so God knows what it's like for his tenants. Maybe he thinks he will catch somebody in the nude or something, haha, he did used to be a Scout master until they stopped him.

I'm not really related to dogs, just missed out a comma.

about two years ago some people move in the above flat the noise coming from upsairs flat is so bad that is making my life so bad that i dont want to go home after a hard days work.first was the loud music then a dog running around like crazy, the door always slamming kids running around all the time. now i even sleep in my van at night so i can some rest my landlord is not very helpful so what cani do?.

Hello Ron,

It's not your landlord's job to solve your problem, it's your job. I see you have two options:
1 - Contact your local council to start their noise nuisance process;
2 - Make plans to move out. Maybe even tell your landlord why you're moving out, depending on how well you get on. It might prompt them do something about it.

Maybe even to 1 and 2 in unison and see which pays off first.

We have tenants who have been very troublesome and therefore we gave them the two months notice as set out in the AST. The AST gives us the right to show the property to prospective tenants within the last two months as long as 24hours notice is given. I have provided more than 24hrs notice and the problematic tenant is saying that I am infringing on his quiet enjoyment because I sent them an email letting them know that I had scheduled a viewing in two days rather than asking his epxress permission in a very nice way(his exact words). He is refusing access to the flat until we ask in the way he prefers. What do you suggest?

A company in South London, called Jacksons, just write to you and say "Sometime within the next month we will come and inspect the property" - which is a cheeky way to circumvent this protection. I used to refuse, and push back politely and ask for an appointment, which after about 2 weeks, they eventually worked out, but their excuse was that they used contractors and didn't have access to their diaries.

Comments?

Hello Matt,

Yes, that is cheeky and bone idle cost utting at your inconvenience.

If that kind of thing matters to you then I think you've acted completely reasonably. If they had been reluctant to offer you an appointment then I'd point out I may reserve the right to change the loack at the landlord's expense, to prvent his agents entering teh property in an unathorised manner.

Hello missdee

I suggest you ask in the way he prefers, if that's what it takes to get your prospective next renters through the door.

The way you write, you give me the impression you're informing rather than asking. If someone brought a string of people into my home at short notice I'd be hacked off if I was only informed and not asked. I could have dinner parties planned, friends round, family stoaying over etc.

I have been living in our house now for 9 months, and we have had 2 inspections done, the first time I received a letter from the agent with a date, but they will not specify a time, the second time my partner received an e mail from the agent, but he works away and i did not receive the email, since then I suspect the agents of carrying out an inspection without giving any notice at all, as when i returned home one day the front door wasn't locked, and i have a very nervous cat, who has since been so nervous,hes had cystitis constantly since this day and has so far cost me close to £1,500 at the vets. I told the agents that I would always like to be present during an inspection as my cat is very nervous, but they refuse to ever give a specific time, and if I would need to change the date I have to pay a £25 fee, could someone tell me where I stand please, I am a very good tenant, and have always had excellent references from previous properties I have lived in, so there is no need for agents to feel they should pay a surprise visit!!

I've just found this forum after an incident. We got home from holiday late last night with young child in arms to find the front door unlocked and that someone had been in our home. On later checking our landline messages, it seems that the estate agent had arranged a boiler inspection. They left a message and sent a letter but obviously as we were on holiday, we didn't get that notice, and they went ahead without our permission. They have been told before that they must use my mobile and/or email to contact us, which they didn't. Also that we want to be present during any inspections etc. We are also good tenants and have created no problems and would have arranged access immediately on our return. We're extremely distressed that some stranger has been in our home, and they are extremely lucky that despite the door being unlocked for 4 days (!!!) nothing has been stolen. This is not quiet enjoyment of our home. I've rented out my house (in a different city) for a long time and would never do this to my tenants. This is not an emergency and could have waited a further two weeks. I'd like to know where we go from here. We like the house and the neighbours and the owner seems OK, but obviously object to the way the agents have acted.

My partner and I have recently moved into a rented property just over 4 weeks ago. We weren't informed verbally that the property was for sale until after we had signed the contracts. I need to read through the contract thoroughly to see if it is written in there but there is no For Sale sign on the property and we feel the letting agent that we dealt with purposely kept this information from us. We signed a 6 month lease starting on 6th August and were contacted on Sat 8th Sept to be told that someone was interested in buying. They are aware they can not move in until our lease runs out. They then rang me at work on Tuesday and left multiple voice messages trying to arrange a viewing. I am not comfortable allowing them to gain access when we are not present as all our possessions are obviously in there and i am pretty sure this will render our contents insurance invalid.
Basically I feel hassled and inconvenienced and have only lived in the property 4 weeks. We are having a couple round to view this Saturday at 10am, which again makes me feel inconvenienced. My main worry is that they are going to hassle us and phone us and leave messages for the next 5 months and that we will have veiwings every weekend. We are paying a lot of money to live there and have not yet settled in. Do we have any rights?

Hello Kat,

I think you've got a case here. Have a look at your AST agreement, the part which talks about rights of viewing in your last (usually) one month of tenancy. It talks about allowing reasonable access during the last month to allow re-renting to the next tenants.

So assuming your tenancy agreement has this clause here's my take on your legal rights...

1. The presence of the clause implicitly admits the extra inconvenience you suffer from viewings. Any contracts you into to allowing this inconcenience in your last month.

2. The action of the landlord in marketing for sale the property whilst also marketing it for rent means they expect you to suffer this inconvenience from the outset of your contract and for a period possibly much longer than one month.

3. They expect you to suffer an inconvenience which is normally not tolerated, so much so that it has to be specifically brought into the contract to be allowed (point 1)

4. But they remained silent on this issue during negotiations to rent. They have forced you into a "fait a complit" situation through the legal tort of Misrepresentation.

5. Had you known, you would have either rented somewhere else, or asked for a rent reduction to compensate.

6. The remedy for most Misrepresentation is either Damages or Restitution. So you have a choice:

+ Ask for the rent to be reduced
or
+ Explain you want your Quiet Enjoyment for the first five months of your AST. As per the Implied Term created by their marketing actions. This means no viewings, etc until February. And if you feel anything has happened behind your back, you'll immediately change the locks and deduct the cost from the rent due.

From this strong barganing position you can then negotiate to a place you feel works for you.

I hope this helps. Please let us know how you get on.

I was wondering if someone could help me.
Basically we started renting a house in July and I have received a letter today saying out letting agents (which have been nothing but a pain!) want to inspect the property, we have nothing to hide but they want to do it in 2 days time.
I have read over the contract and nothing in there to say they can do this whenever they wish. My concern about it is that neither myself or my house mate will be in and in the letter is says we don't need to be (so they will let themselves in) I sent an email saying we would prefer to re-schedule a time when we are both in or we will take photos and send them to them today, is this a reasonable request? I dont understand why they think its okay to let themselves in without us there. The letter wasn't a request it was TELLING us that it was going to happen. We have paid our rent fine and I dont see any reason why this is happening...also this weekend is going to now be spent cleaning the house from top to bottom because I know how annoyingly picky they are.

Ami,

If you say no then they cannot come in irrespective of their 48 hr notice. If they consequently do so then they have committed trespass and would be in a whole world of hurt. The only time they can gain entry without your permission is in an emergency.

They cannot tell you how to live either. OK - you need to keep the place clean and vermin free but again, it is your home and they have no juristiction in telling you what to do. If they try to, they are putting themselves in threat of legal action by you for breach of quiet enjoyment of the property.

Explain to them in the strongest possible terms that you know your rights regarding entry in relation to the housing act and that whilst you are happy to agree to a mutually agreeable time for an inspection when you are there, you will not tolerate excessive inspections of the property, nor will you tolerate interference in your normal lives. Explain to them that if they do enter your property when you have said no, they will be committing an offence and you will have no hesitation in contacting the authorities and taking legal action against them. Tell them you expect them to obey their obligations relating to the housing act in relation to entry.

Let us know how you get on.

I have a question about quiet enjoyment - the agents I rent from do interim inspections roughly every 3 months. During the last inspection they took photos of the inside of the property without my consent - apparently to highlight some defects ie a crack on the wall in the bedroom - but rather than just take a close photo of the crack they took a photo of the entire bedroom including photos I have on the wall - can they do this without letting me know. The first I knew of it was when they landed on my doormat by post this morning.

Hey Sue,

I have absolutely no idea however I reckon there is at least a partial issue here to do with your privacy or at least the privacy of the persons in the photos. Since the agents have reproduced the images in the pictures without permission they are in fact in breach of copyright which in itself is a serious offence. They do not have the necessary permissions to photograph or include the photograph/s in the first place nor do they have the necessary permissions to reproduce the image.

I agree that they should not have photographed the entire room unless it was to highlight the position of the crack or to show scale or the size unless they had your permission and you had the opportunity to protect the identity of those in the pictures. To take a picture of a room in itself should not be an issue as it's location should not be apparent.

I would go back to the agent and insist that they hand over the images to you or the copyright holder and insist they delete any further images from their camera/card/computer. I actually think that quarterly inspections are on the verge of harassment and remember irrespective of what they say, if you say no to an inspection they cannot enter the property without being at serious risk of trespass/BOQE/harrasment.

Thank you cardifflandlord for your helpful response - the agents could have easily shown the scale and size of the crack by using a ruler - folder or even their own hand - plus just a short description of which wall it was on plus a photo of just that wall would have done the job - particularly as that wall has no photos or pictures on it. Unfortunately as well as taking photos of the room they also photographed the outside of the property pretty much making it easy to identify. Interesting that I can say not to an inspection - I have always thought as long as they gave me 24hrs notice in writing I have not choice - I too have felt that quarterly inspections feels like harrassment - especially as I have now lived here for nearly five year - I would have thought 6 monthly would have been adequate. Given too that I always report any problems with the property promptly and give them no hassle over access. Even though one of their contractors has on more than one occasion pitched up without any notice whatsoever - and indeed one day I heard a noise outside my front door and found him trying to open the back gate to gain access to the garden without any notice at all to me.

Hello Sue,

How's about this for a slightly differnt slant to the advice offered by Cardiff?

I would suggest you mention in writing to the agent, ahead of the next inspection, that you are particular about your privacy. You don't have a problem with photos that are anonymous. You do mind having your pictures / posessions in any pictures whihc are necessary.

To secure your full co-operation with the inspection, you will want to review all photos taken by the agent on the camera. You'll delete any you don't like.

Also, you can say no to an individual request. It must be for a good reason, like it's inconvenient. But you need to offer a reasonable, alternative date. You can't refuse point blank to allow an inspection to happen sooner or later.

I have found your blog extremely interesting and maybe someone can give me advice.I rent the downstairs maisonette and the upstairs is rented out by a different landlord than mine.Over the years he has removed carpet and underlay from every room and replaced it with the cheapest carpet and no underlay.The floor is hardboard and not sound proofed properly in the first place now its hell.I can here them talking,the bedroom is the worse I wont go into detail,and of course they can hear me even putting a glass of water down.They dont like it but of course they have the advantage of being able to stomp on my floor.I have spoken to landlord and environmental health to no avail.My friends live around here and being ill I do need there support so I dont really want to move.Any ideas please

Hi Ronnie,

Have you contacted Buidings Regs dept. I know it's also the Council, but their depts. do seem to work in splendid isolation to each other.

Buildings regs (for quite a while) have stipulated good soundproofing must be installed when houses are converted into flats. The sound proofing will be required in between the floor and ceiling, so the floor covering should be irrelevant to sound proofing.

If the required sound proofing is not in place, Buildings regs can order it to be properly fitted, even if this means pulling up the floor and inconvenience to the upstairs tenants.

Hope this helps.

oh, jools.. you really shouldn't give out advice on subjects (trees and subsidence)that you dont know anything about

Hi, I wonder if I can get some advice! We are bout to rent a large detached family home but the landlord has put a clause in the agreement that we are not to put up a washing line (garden is ample!!) And no smoking in the property or premesis! As a family not being able to dry clothes in the garden is a major problem, and although we do not smoke and never allow guests to smoke in side, I feel it is unreasonable to ask my guests/family to remove themselves from the garden!! Am I being unreasonable? Thank you.

I have drug dealers for neigbours and they have been making my life and my neighbours lifes hell for 6 years now with there anti social behaviour Barking dogs there kids driving scramblers up and down the avenue at all hours there kids playing football in the street hitting cars and knocking over pot plants running through and destroying my flower beds throwing Rubbish into the street and the dogs barking at all hours when any car comes into the street. The police say don't confront these people as they are dangerous. The police have raided there house on several occasions. The landlord says as long as he is getting his money he does not give a dam.I am at my witts end people say if I go to the council and report them that there friends will put my windows in. I have spoke to them about the noise and they promise that they will get it sorted but never do.
I am ready for the funny farm.......I go to the council on Monday morning my wife will go and stay with friends.
Doesn't seen right when I work all hours and pay a huge mortgage They get there mortgage payed by central government I have lost faith with the system all I want is to live my life in piece and quite.......Is that to much to ask for I annoy no one my wife is semi disabled
And her mother has passed away two weeks ago.....We are both at breaking point.....But hay who cares???????

can i refuse to let the agents in to do a inspection....i have month left on my tenancy as the house has been sold,ive let in people to view and the surveyor of the buyer,but dont want them in to take there pics etc in this last month,i have rooms stacked with boxes for moving,furniture all over the place downstairs,upstairs is mainly just beds..i have a 8 month pregnant daughter living with me .im trying to sort council accomadation so at appointments,and scans and appointments for my daughter as she is expecting twins one of which is dead,i cant see there point in walking round a alleyway of boxes when they have the house bk in 4 weeks anyway.x

Hello everyone!!
I'm currently living a very stressful situation in my house and I would really appreciate it if you could help me with some information.

I'm renting a house with my partner under an "Excluded Tenancy Agreement" but my Landlady lives downstairs, which allow her to really control everything we do.
The hole situation is very long to describe, so I would like to make you some specific questions so I might understand this right "Live in quiet enjoyment"a little bit better, as I found it a very open concept, where anybody could include or exclude anything.

If in the tenancy agreement there is no clause that states or regulates anything about having guests overnight, or visits in our home.
Has the Landlady the right to restrict this?

Have we got as tenants the right to invite over anybody we want (if this person respect the rules, nor breaking or damaging not making noise...) for the time that we would like?
Obviously I'm not talking about sub renting the house, I'm talking about having my parents and my sister coming for a week or so to visit me. Or inviting a couple of friends to have dinner with us and allowing them to pass the night with us if it's very late to take the tube to go home.

Is there any law in relation to the license of a house that could state that in a house just 3 people can sleep inside, and even for a night, nobody else could sleep in?

I'm asking this because my Landlady is telling me that I broke the law when one of my friends stayed one night here because she missed the last tube to go home and she doesn't allow us anymore to have our family for 4 or 5 days visiting us, when we have one bedroom and one huge living room with 2 sofa beds.. so there is no problem of space in the house.

Would you consider this a breaching of the "quiet enjoyment right" that we have as tenants?

I would really really appreciate if you could give me some light about this, as she's threatening us with written letters and I really want to do things well and I would love to know which are my rights as well as my obligations as tenants.

PS. If you'd need more information please ask I would be very please to explain you more.

THANK YOU SO MUCH for your time,
Can't wait to see your answers!!
Paula.

hi there, not sure if anyone can help me but my landlady put her property up for sale a month into my contract, the potential buyers she had lined up came round last week and have since pulled out over an issue with a leaking bath which has been on going for the last few months,I have stated that I want to be present for all viewings but she is coming back saying I am making access difficult etc just wanted to know if I am within my rights to be there when the estate agent shows people round or if she can legally give them permission to enter?
thanks

"The tenant must grant permission"?

The tenant cannot withhold permission?

Hi all, I've read plenty of posts in pursuit of a solution to my issue I have at the moment. In short, landlord is selling the house I'm renting. He has been absolutely crap in regards to repairs, although I don't think much of the agents either. Front door doesn't close properly presenting a security risk to me and my partner, and our young Daughter. Sockets in the kitchen spark and don't always turn the appliances on, which is dangerous, we've mentioned these problems several times over years now (still not done) and have had a person representing the agency see it in person. Anyway, now he's selling we're expected to allow viewings, and have done. However, I'm fed up with them and find them very intrusive, disturbing us and it's mainly disrupting for our little one seeing strangers before her wind down time before bed. I also work long hours and don't want people snooping round my house when I'm shattered and just want to watch tv, have dinner and spend what little time I do have with my family. Can I stop them coming in? It's not fair and I'm pissed off with it. They've also been opening cupboard doors and storage cupboards which have my personal belonging in, which I'm also not please about. Some advice would be great, thanks.

I have a slight issue, I'm a licensee that lives at the same place I work, on Tuesday my manager came round to do her weekly room inspection and decided to take photos of rooms she felt were unacceptable, on wednesday in our morning staff meeting she displayed photos of these rooms for the whole staff team to see, is this a gross violation of my privacy or is she with her rights to do this?

Hi. I rented an apartment ten years ago. The owner of the apartment wanted to get me out of them. I want you to know that after Thanksgiving What are my rights and whether he can get me out of the den, including compensation

Interesting reading. Our tenancy (London) ends in about 3 weeks, and for the past 3 weeks we have been letting in one or more people per day for viewings. I know this is in the contract, but feel that multiple people per day (they all come in separately, with about 3 agents showing the place) for weeks is absolutely not permitting us quiet enjoyment. Am I being reasonable or does the viewings clause cancel out the quiet enjoyment right? I have just let the agents know we can't have multiple people very day for weeks more, and suggested a couple of days a week viewing free. We have till now been quite reasonable and permitted inspections at a couple of hours notice regularly.

For backstory we know it is taking a while to let because the landlord wants too much for it, he has generally been terrible and i feel we are being inconvenienced more than we need because of his unreasonable expectations - he has had offers and refused them. I do know this doesn't affect our rights or his but it does motivate me to ensure I am defending our rights, given he has ignored ours in the past!

Hi
I currently let my house and I rent another one where I work 200 miles away so I get this from both sides of the argument.
What I would like to know is, I requested my agent, who looks after my property, to take photographs throughout my property so I can see for myself the condition. They have thrown this back at me with the quiet enjoyment reasoning.
I understand this and my tenants have been in the property for two years, is this genuine that they cant take photos or I will be done for harassment? or is it just a ploy so they don't have to do it?

I look forward to any responses

hello everyone, can somebody tell me, than within 24 h notice ofcourse how many viewings can i have expect a day, is any limit on it , have 7 so far booked , from 9.00, to 13.00 over the saturday

I am in the process of trying to get a Cat B HMO licence for a property, let to young professionals. The Local Auth Housing officer seems to be particularly difficult. He inspected the property and said that as the tenants all have TVs in their rooms, and there was evidence of tenants EATING in their rooms, it can't be Cat B as they "clearly don't live as a family unit". I pointed out the normal behaviour of teenagers was precisely that - to no avail. He says if he grants Cat B they can't eat in their rooms!!! I was wondering whether the right to quiet enjoyment of the property was relevant in this case - I do not want (nor should I) dictate how my tenants live their lives (within reason)! Any suggestions how I deal with this despot? He is threatening to prosecute (even though we only have 3 tenants currently) and when we say we want to appeal, he just laughs and says that as he hasn't given his formal decision, we can't!! Am in a cleft stick!

I would be leaving mid tenancy and I was tasked with finding a replacement. I got to know through the person I'd reached out to that my landlady and he are meeting today at the property but neither of them notified me explicitly. Am I not entitled to get 24 hour's notice if someone wants to see my room and I'm not around? I don't like the idea of people in the room when I'm not there so am I within my right to inform my landlady that in future to please check with me before letting people in?

Hi, I am after some advice, I have moved into a property with a private landlord 8 months ago, since I have been here she has turned up to take some of her belongings from the property cellar (twice), which I was ok with, she then called to say she was struggling and needed to store a boiler and solar panels in the cellar to which I showed I was not pleased and skirted around the subject saying they wouldn't fit, the next thing she told me she was taking over the shed in the garden to use for storage and put a padlock on the door, then I came home from work to a load of wood with nails in dumped in the garden which I was less than pleased with as I have a dog (which the landlord knows about) that could hurt herself, now she is constantly texting me to make arrangements for her to plug a drill in my house to put shelves up in the shed and quite demanding on the time as she is going on holiday, she has also said she is going to put a bigger shed up in the garden next to the existing one so she has more storage!!!!

Im really starting to get fed up with it, is this classed as harassment or breach of quiet enjoyment? I don't want to start throwing out laws and tenants rights at her as she may ask me to move out, also it says in my agreement no pets but she agreed to let my dog stay before I signed it......any ideas how I should approach this?

Many thanks

Can a landlord walk around the property for no reason whenever he feels like.
Also, he has a shed up against the rental with gas cans, paint and other flameable items. In November is caught fire and he is accusing me of setting the fire.

Hi

I recently moved into a house, one month ago, having signed a two year lease. Upon taking up residence the letting agency informed me that the neighbours from next door will have to use my back patio and side gate for access for two weeks, while they have an elderly relative staying (which I presume blocks their front door or something). No problem, it’s nice to be nice to the neighbours.

However, it’s been half a dozen times a day when they walk past my downstairs bathroom window, or kitchen window.

After two weeks, when they were still coming through, I asked how much longer they’d need it as the neighbour was walking through. He said another week. Then last night - after over a month, the woman said they had permanent right of way. I contacted the landlord and he said they do, and in fact they’d be using it heavily for the next two months.

So my question is : there’s nothing in the tenancy agreement about this. I understand that my landlord has a legal obligation to allow this, but do I?

Does it constitute invasion of privacy, harassment or impinging on my right to quiet enjoyment of the property if someone is able to access the garden at will, several times a day?

Thanks

Trev

Your Tenancy Agreement SHOULD impose all restrictions, easements etc which apply to the owner of the property onto you. Without seeing your agreement it is impossible to say if that is the case. If the neighbours have a formal right of way across the property you currently occupy then neither you nor your landlord can stop them using it, even if your Tenancy Agreement does not cover this.
There is no time limit on a right of way, and no restrictions on how often and when the neighbours, their family, friends or tradesmen etc can use it to access their property.
If you wish to remain in the property you have to accept the use of the right of way.
I do empathise, I wouldn’t want to live in a property with a right of way in favour of a neighbouring property, especially if it was close to the house. Many people, however, do live in such properties.
The Letting Agent seems to have misunderstood the legal situation. It may be the case that the neighbours have not used the right of way for many years, and only recently needed to for a specific purpose ( maybe wheelchair access is easier due to steps at front of house, for example). Whether they normally use it or not does not affect their right to do so, or indeed that of any subsequent occupiers.
You could ask your landlord to attempt to move the access area to further down the garden so it does not interfere so much with your privacy. The neighbour doesn’t have to agree to this though.
Whether or not you have a case to terminate the agreement early due to this is another matter, and one which would probably require expert advice.

Hi,
At the beginning of lock-down ... initially announced as 3 weeks, my landlord (a professional with his own business) was unable to work.
I was approached and asked if during this time, rather than be stuck in the house "Bored", could he access the back garden to repair a retaining wall. To which i agreed.
During the first week of 9am-5pm garden work, the landlord asked if i was using the greenhouse (old with broken panes of glass) to which i said no and we agreed that he could dismantle it, conveniently he used the metal skeleton to strengthen the foundations of his wall. The wall took 5 weeks to 'nearly' complete, as has since been abandoned. The landlord's attention moved to the ground where the greenhouse stood and he proceeded to dig up the paving and cobbled stones. When asked what he was doing he said that he'd ordered new slabs to put down to make a new 'bigger' patio. A patio which is 1 quarter completed and abandoned as the landlord moved to the front garden of the property and proceeded to remove 4.5tons (yes! 4.5 tons) of small stones from there as he "doesn't like the colour!" When i was asked if i liked them i said that, "I didn't find them offensive". He also stated that the slabs forming a walkway to the front door would be reconfigured creating a straight line to the front door! I stated that i didn't mind the way they were, but that it was "his garden".
Stones removed, without replacing with other stones ... soil turning to mud when raining! Slabs reconfigured.
We are now in the 4th months since lockdown began and not one of the 3 area's have been completed and the landlord has returned to his 'Day Job' stating that "Work is taking priority!".
Every day or other day he appears unannounced and does little bits. Sometimes staying a couple of hours, sometimes all day! My previously empty summer house (2 door shed) is full to the brim with his tools! I've even opened the curtain to see 4 people standing in my back garden! 3 of whom i don't know! His wife appears from time to time too, inspecting his work and planning the layout!!
In the beginning i was happy to have improvements done but now i feel i have been abandoned in the middle of a building site! Even the area around the garage has been filled with materials and looks like a builders merchants.
I'm not sure how to approach the subject with him without causing a rift in our so far amiable relationship? But i want to appreciate some quiet enjoyment, i know i am entitled to it. I want the work completed but not at his convenience, spread out over the next 6 months .... him coming and going as he pleases.
Am i entitled to a rent reduction? Given that he appears to have reclaimed the front and back gardens??
I'm not sure how to proceed?

Any suggestions?

I am currently in a situation where after two years of living in a rented flat with my flatmate we've been informed that the landlord decided to sell. I was in this situation before and what pisses me the most is that right away the agency is involved in taking photos and arranging viewings because of a sales commission and the landlord called me personally for the first time asking me to tidy up the flat and make it presentable for a photo shoot on Monday. How bloody convenient, I've still got two months till the end of my tenancy and they want me to still keep on paying on time and profiting of me but don't give a damn about the fact that I am a human being who wants to live in peace like I did for the last two years.

To all the landlords out there: You are renting your property to ACTUAL PEOPLE who have LIVES and FEELINGS. For whatever reason you were fortunate enough to own a property that you don't use and are benefiting from it. Essentially what you have is a business, and you can't have your cake and eat it too. You want to sell the flat quickly, take pictures, arrange viewings that will disrupt my day? serve me a notice, let me get out, and then do whatever you want, that's a logical way to do it. Sure it's convenient to profit from someone and at the same time don't give care about them, but we also have rights, I'm using mine.

Matthew,

Are you pissed off that the landlord is selling his property or are you pissed off that he asked you to make the property presentable so he can take pictures to market the property and take viewings? Is that really that much of an issue for you?

You have two months til the end of the tenancy, so why wouldn't they want you to continue paying rent while you're still living there? Did you actually expect otherwise? Do you think it's reasonable not to pay?

Having to vacate because the landlord is selling is annoying, but I don't really understand what the landlord is doing that's actually wrong. You sound irrational.

What if YOU gave the landlord notice, would you be ok if he wanted to take pictures and take viewings, so he could find replacement tenants? Or is this a one way issue?

Not entirely sure what rights you are using, but the landlord/agent is entitled to take viewings, they just need to give you appropriate notice.

But unfortunately I get the impression you're going to be difficult for the sake of it. Perhaps you should try being a little more objective.

Hello, I live in a rented (split house) on the ground floor for six years now in Manchester and my bedroom looks onto the private small garden which is shared with just the upstairs flat neighbour (who happens to be my brother). The landlord has on several occasions over the years come to the property unannounced In the morning with other workmen from the estate agents (where he & his wife who is the manager also work) and let himself into the garden standing right outside my bedroom. I have PTSD and live alone and have politely asked them over and over again to let me know when there will be men in my garden outside my window.
They don’t listen to me and say that they aren’t obliged to let me know as it’s a communal garden (even though it’s just shared with my brother upstairs) and they can access this whenever they want.

I woke up the other morning and the landlord was stood outside the window again with a contractor, my window blinds were luckily half closed and my instant fearful reaction was to call the police (especially after a recent crime spree and burglaries on the street where I live).
I complained about this again to the estate agents (the landlords wife) and asked them politely again to let me know when they were going to come to the property so I don’t wake up having a panic attack with people outside my window. They again didn’t apologise or explain and instead said that they didn’t need to let me know if they were going to pry open the gates and let themselves in. They instead asked me what the problem was as they weren’t there to look in my windows and I should have my blinds shut anyway so the neighbours across the way can’t see in(??!)

Not only this but the back double wooden gates (which I had boarded securely shut as they were broken and hadn’t been repaired after requesting this) were not securely closed and sealed again after they had been open this left my garden fully exposed and unsecured.

A few years ago they did the same thing and let contractors into the garden whilst I was at work without letting me know and during this time my bike and several items from the garden went missing. When I complained about this I was told that I would need to take it up with my own insurance company and wouldn’t take any responsibility.

This is one of the many many issues I have with the landlord/estate agents, they don’t seem to respect me as a tenant to my privacy and do not take responsibility for anything.

Could you advise what rights I have or if indeed they have the right to do this without letting me know?
I am highly stressed and anxious all of the time thinking they can just let themselves in to the back of the property whenever they like.

Many thanks for your advice.
Paula

@ Angela - the landlord must keep the property in good repair and not cause repair work to unduly inconvenience the tenant, as far as I know. I believe this would include the garden and outbuildings. Does your contract include the right to use the outbuildings or the garage? As the landlord storing tools there prevents this, thus would be in breach of statutory rights under contract I believe. Take evidence, prepare a dossier, talk nicely to the landlord and make him aware of the law and his obligations. Tell him, he could always pay to have the work completed and the law does not explicitly allow landlords to inconvenience tenants too much just to keep costs so low, whilst it does oblige them to keep the property in good repair and not infringe upon tenants rights to live in peaceful enjoyment.