The Student Room Group

Landlord barges into room!!!

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Original post by A321

Lol why should I pay extra rent? I'm getting NO heating, let alone 'extra'. What's the point of getting ALL INCLUSIVE if your not even going to get heating which is suppose to be included! If he hadn't refused I wouldn't have bought an electric heater. Simple.

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Does your contract specify when heating will be turned on and for how long? If not it's at the landlord's discretion.

Actually you coud also have a contract specifiyng minimum temperatures and if not specified there is probaby some sort of right to an acceptable standard, but then you're int what constitutes reasonable and not putting the heating on yet probably doesn't qualify as unreasonable.

If you are so unhappy move out.
(edited 9 years ago)
Original post by gt459
A contract may exist, depending on the circumstances, without it actually being signed. Theoretically it does not even have to be written. Promisory estoppel and all that. Just depends what you mean by a contract. He does have rights, but in the scenario described I see nothing wrong with the actions of the landlord.



This implies offer and acceptance. Thus contract. Your acceptance would be you moving into the property. There was a case that turned on this issue, can't recall the name though.


Have you done Land yet? Legal rights in Land can't exist without it being written, per LPA. I know that is the case with standard contracts, but there are significant limits on the usual law of contract when it's to do with real estate.
If you haven't signed the contract, and given it back to him (or given him a copy) you've hit very few rights. Once you have, he shouldn't enter without your permission, and should give you 24 hours notice.
Original post by Genocidal
They aren't costly to buy, but they're costly to run.


not that much compared to turning the heating for the whole house tbf. I mean lets say OP used it for 3 hours a day at max power and it wasn't switching off or dimming due to any sort of thermostat, that's about £3-4 a week, and I doubt she's using it like that anyway, especially claiming she doesn't really use it anyhow.
Reply 24
Original post by Le Nombre
Have you done Land yet? Legal rights in Land can't exist without it being written, per LPA. I know that is the case with standard contracts, but there are significant limits on the usual law of contract when it's to do with real estate.


It was more an aside than anything else, pointing out that not all contracts rely solely on whether there is a signature.

I already pointed out he hasn't signed and the landlord is well within his rights.
Reply 25
Original post by Le Nombre
Depends whether you're talking equitable or legal. No legal right exists, per s. 53 (I think) LPA 1925, but you can still have various trust based rights through purely oral, or even implied, contractual agreements. If I were the LL I certainly would not fancy getting into the process of entangling the legal aspects of it at considerable expense (you'd likely swallow the year's rent in fees).


Take it you've never been to court?

Most landlord / tenant stuff goes via small claims and you cannot claim costs. You don't even need a solicitor if you don't want one.
Certainly I've never bothered.
Reply 26
Original post by Le Nombre
You're talking about C. 70 s.11(6) Landlord and Tenant Act 1985 and 3A (a) of Protection from Eviction Act 1977, along with right to exclusive possession etc. from common law.

Punishment under PEA is a £400 fine or max 6 months in prison I think, though this is from memory and I am quite drunk.

Sir, if you do not make it to The Honourable Lord Justice Le Nombre, the world will have gone terribly awry.
Original post by JC.
Take it you've never been to court?

Most landlord / tenant stuff goes via small claims and you cannot claim costs. You don't even need a solicitor if you don't want one.
Certainly I've never bothered.


Yes, I have, even the most ardent non-contentious lawyer has to at some stage.

You cannot claim costs isn't strictly accurate, you can a lot more often than people think (CPR r27.14, worth keeping in mind if you fancy claiming the litigant in person allowance of whatever it is now, 20 quid an hour or something), but that's part of the issue, he couldn't just claim costs back, indemnity or standard, from OP.

No, but I wouldn't fancy doing this without representation, there's quite a bit of substantive law to it, going unrepresented risks the DJ bringing up various provisions you don't know, which leaves you little chance to properly argue against whatever their conclusion is. It's like small claims where they go 'And would you Mr Litigant in Person consider this provision was unfair?' 'YES, IT'S AN OUTRAGE' 'Well Mr Le Nombre what is your response to Mr LiPs contention this is an unfair term within the meaning of section 13 UCTA, bearing in mind the recent decision in 'Black v White'?'
Original post by A321
So I went back home for the weekends. My landlord texted me saying he will need access to my room to unplug a switch. As he was getting the electricity fixed for the house.

I replied telling him I was at my parent's house and that the switch was already off.

He then tells me he just went into my room, saw an electric heater which isnt allowed.

Really pissed off, I had not given him permission to enter my room. Makes me feel uneasy that he might do that when I'm in the room too.

Is he allowed?

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If there was a short circuit it could burn his house down to pieces so he has the right to come no check as long as he gives you a minimum of 24 hours notice. Get over yourself.

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