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Someone from letting agency keeps coming and turning down the thermostat watch

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    My friend lives in a house with multiple occupants. 5 individual contracts as there are 5 rooms. The kitchen is shared however and that is where the thermostat is.

    In the past 2 weeks someone has come round 3 separate times and turned down the thermostat from 26 degrees to 21 degrees, meaning none of the heating turns on in my friend's room. It seems for her part of the house to be heated, the thermostat in the kitchen needs to be turned to 26 degrees at least. This is not a problem except for the person coming round and changing the thermostat dial.

    Her rent includes the bills and in no where of the contract does it state anything about the maximum temperature to be set.

    Not only this but this person, who we believe is from the letting agency, does not even give 24 hours notice prior to coming, just shows up with a key, does it and goes off.

    Anyone know if this is allowed? Sorry for the long paragraph, writing isn't my strong point.

    P.S he came round today while I was there and as he was leaving I heard him mutter to one of the other tenants about not turning up the temperature otherwise something about a rent increase.
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    (Original post by snodge182)
    My friend lives in a house with multiple occupants. 5 individual contracts as there are 5 rooms. The kitchen is shared however and that is where the thermostat is.

    In the past 2 weeks someone has come round 3 separate times and turned down the thermostat from 26 degrees to 21 degrees, meaning none of the heating turns on in my friend's room. It seems for her part of the house to be heated, the thermostat in the kitchen needs to be turned to 26 degrees at least. This is not a problem except for the person coming round and changing the thermostat dial.

    Her rent includes the bills and in no where of the contract does it state anything about the maximum temperature to be set.

    Not only this but this person, who we believe is from the letting agency, does not even give 24 hours notice prior to coming, just shows up with a key, does it and goes off.

    Anyone know if this is allowed? Sorry for the long paragraph, writing isn't my strong point.

    P.S he came round today while I was there and as he was leaving I heard him mutter to one of the other tenants about not turning up the temperature otherwise something about a rent increase.
    Are the letting agency aware that the thermostat has to be set at a certain temperature for part of the house to be heated?
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    (Original post by snodge182)
    My friend lives in a house with multiple occupants. 5 individual contracts as there are 5 rooms. The kitchen is shared however and that is where the thermostat is.

    In the past 2 weeks someone has come round 3 separate times and turned down the thermostat from 26 degrees to 21 degrees, meaning none of the heating turns on in my friend's room. It seems for her part of the house to be heated, the thermostat in the kitchen needs to be turned to 26 degrees at least. This is not a problem except for the person coming round and changing the thermostat dial.

    Her rent includes the bills and in no where of the contract does it state anything about the maximum temperature to be set.

    Not only this but this person, who we believe is from the letting agency, does not even give 24 hours notice prior to coming, just shows up with a key, does it and goes off.

    Anyone know if this is allowed? Sorry for the long paragraph, writing isn't my strong point.

    P.S he came round today while I was there and as he was leaving I heard him mutter to one of the other tenants about not turning up the temperature otherwise something about a rent increase.
    They have to give notice before visiting so your friend has every right to politely complain in an email and explain that it is both a beach of that policy and also means that their room doesn't get heated.
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    well I told her to email the agency because it is concerning that this random bloke has access to the house and she got a response:
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    This is the first she has heard about not being able to touch the thermostat however so I had a look at her contract and I think this is what the agent is talking about (clause 6.16):
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    Surely a tenant should have more control over the temperature of their accomodation then some random bloke they call the tradesman who walks in willy nilly.
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    Kick up a fuss, if it's repeated then there is no reason at all for him to be coming so often and you do have a right to 24 hours notice if someone enters your property - plus the right to live there freely. Tell them you need notice the next time someone comes round.
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    Your friend should get the 'tradesman' to bleed the radiator in her room. Write to the letting agent advising that her room is unheated at current fixed thermostat setting.
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    (Original post by snodge182)
    well I told her to email the agency because it is concerning that this random bloke has access to the house and she got a response:
    Name:  20180213_211229-compressed.jpg.jpeg
Views: 45
Size:  48.1 KB

    This is the first she has heard about not being able to touch the thermostat however so I had a look at her contract and I think this is what the agent is talking about (clause 6.16):
    Name:  20180213_212002-compressed.jpg.jpeg
Views: 48
Size:  81.1 KB

    Surely a tenant should have more control over the temperature of their accomodation then some random bloke they call the tradesman who walks in willy nilly.
    I'm pretty sure that the clause about tampering with systems does not cover the thermostat. Unless there is something specific in the lease about maximum temperatures to be set, or paying above a certain bill amount, then the landlord has to fit a locked thermostat that they control, or put up with it.

    Have you tried asking the local councils HMO officer?

    Here you go - I haven't read the whole thing, but

    "What about flats and HMOs?
    Centrally controlled space heating systems should operate in a way that makes sure occupants are not exposed to cold indoor temperatures. Occupants should be allowed to control temperature within their dwelling"

    https://www.gov.uk/government/upload...425/150940.pdf
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    (Original post by snodge182)
    well I told her to email the agency because it is concerning that this random bloke has access to the house and she got a response:
    Name:  20180213_211229-compressed.jpg.jpeg
Views: 45
Size:  48.1 KB

    This is the first she has heard about not being able to touch the thermostat however so I had a look at her contract and I think this is what the agent is talking about (clause 6.16):
    Name:  20180213_212002-compressed.jpg.jpeg
Views: 48
Size:  81.1 KB

    Surely a tenant should have more control over the temperature of their accomodation then some random bloke they call the tradesman who walks in willy nilly.
    sounds like a lack of rights that does.
    I would say speak to citizen's advice bureau or a free legal clinic (use law.ac.uk to find them) to see what you can do about it. Sadly if something is in the tennacy agreement about not touching the thermostat, Im afraid the law will be in favour of the letting agent as the tennant agreed to their terms
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    (Original post by snodge182)
    well I told her to email the agency because it is concerning that this random bloke has access to the house and she got a response:
    Name:  20180213_211229-compressed.jpg.jpeg
Views: 45
Size:  48.1 KB

    This is the first she has heard about not being able to touch the thermostat however so I had a look at her contract and I think this is what the agent is talking about (clause 6.16):
    Name:  20180213_212002-compressed.jpg.jpeg
Views: 48
Size:  81.1 KB

    Surely a tenant should have more control over the temperature of their accomodation then some random bloke they call the tradesman who walks in willy nilly.
    I wouldn't think that adjusting the temperature counts as tampering considering it's the intended use. As others have suggested I'd ask legal advice with this matter. Seems they know what BS excuses they can use to shut up young tenants. I would think they at least need to sort out some solution so that all rooms are heated. May be a matter of fixing (/ bleeding) the radiator or something to do with the thermostat.
    As far as people coming round I expect that depends on if you're renting the rooms or the whole place. I guess if you just rent the rooms they can do that.
    But anyway people have given the details of some people who should be able to help more so get in touch with them.

    Good luck
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    (Original post by snodge182)
    My friend lives in a house with multiple occupants. 5 individual contracts as there are 5 rooms. The kitchen is shared however and that is where the thermostat is.

    In the past 2 weeks someone has come round 3 separate times and turned down the thermostat from 26 degrees to 21 degrees, meaning none of the heating turns on in my friend's room. It seems for her part of the house to be heated, the thermostat in the kitchen needs to be turned to 26 degrees at least. This is not a problem except for the person coming round and changing the thermostat dial.

    Her rent includes the bills and in no where of the contract does it state anything about the maximum temperature to be set.

    Not only this but this person, who we believe is from the letting agency, does not even give 24 hours notice prior to coming, just shows up with a key, does it and goes off.

    Anyone know if this is allowed? Sorry for the long paragraph, writing isn't my strong point.

    P.S he came round today while I was there and as he was leaving I heard him mutter to one of the other tenants about not turning up the temperature otherwise something about a rent increase.
    26c is pretty hot. There most likely is a problem with the heating system. Ask the mysterious landlord/tradesperson to investigate. It is their responsibility to remedy such problems. Also check your agreement to see if there is a clause that allows the landlord unannounced access.
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    (Original post by pjm600)
    Also check your agreement to see if there is a clause that allows the landlord unannounced access.
    There won't be, because that is illegal, as is the entry without notice.
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    thank you all for the replies, there is no clause about unannounced access other than in an emergency (such as damage being done to the property)
    I will go with her to th CAB today and find out more about it. The radiators have been bled and work fully when the thermostat is up higher, however there is a light on the thermostat to indicate when it is in use and at 22 degrees it doesn't come on. It's a brand new thermostat too (with a cover that can be removed using a screw). I guess that was the attempt by the landlord to control the temperature but when all of the tenants realised their rooms were not heating up then they opened it up and altered the temperature.
    They do rent out the rooms on seperate contracts but there is nothing about some random bloke coming in and making sure the house is cold. The kitchen is shared, so doesn't that impose a risk if anyone can waltz in? Especially as people use the kitchen to store their kitchenware etc and cook (i.e using the kitchen as their own)
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    (Original post by snodge182)
    My friend lives in a house with multiple occupants. 5 individual contracts as there are 5 rooms. The kitchen is shared however and that is where the thermostat is.

    In the past 2 weeks someone has come round 3 separate times and turned down the thermostat from 26 degrees to 21 degrees, meaning none of the heating turns on in my friend's room. It seems for her part of the house to be heated, the thermostat in the kitchen needs to be turned to 26 degrees at least. This is not a problem except for the person coming round and changing the thermostat dial.

    Her rent includes the bills and in no where of the contract does it state anything about the maximum temperature to be set.

    Not only this but this person, who we believe is from the letting agency, does not even give 24 hours notice prior to coming, just shows up with a key, does it and goes off.

    Anyone know if this is allowed? Sorry for the long paragraph, writing isn't my strong point.

    P.S he came round today while I was there and as he was leaving I heard him mutter to one of the other tenants about not turning up the temperature otherwise something about a rent increase.
    Anyone entering your flat (even the landlord), without at least 24 hours notice, is trespassing. I'd go see the citizen's advice bureau.

    For more info, take a look at this: https://www.thetenantsvoice.co.uk/ad...ndlord-access/
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    (Original post by GiantKiwi)
    There won't be, because that is illegal, as is the entry without notice.
    It depends on the nature of the tenancy agreement. Do the tenants have a joint agreement for the entire house or 'room only' agreements? Given there are 5 individual contracts it sounds like the latter, so the tenants may not have exclusive occupation of the communal areas. In this case the landlord may enter the communal areas but the usual protections apply to the tenants' rooms.
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    (Original post by threeportdrift)
    I'm pretty sure that the clause about tampering with systems does not cover the thermostat. Unless there is something specific in the lease about maximum temperatures to be set, or paying above a certain bill amount, then the landlord has to fit a locked thermostat that they control, or put up with it.

    Have you tried asking the local councils HMO officer?

    Here you go - I haven't read the whole thing, but

    "What about flats and HMOs?
    Centrally controlled space heating systems should operate in a way that makes sure occupants are not exposed to cold indoor temperatures. Occupants should be allowed to control temperature within their dwelling"

    https://www.gov.uk/government/upload...425/150940.pdf
    As others have said, it doesn't sound as though this clause is extended to the thermostat - in any case, there is something in law which says that even if you sign a tenancy agreement, if there is a clause which is deemed 'unfair' then you have the right throughout your tenancy to complain to the Office of Fair Trading - definitely worth a while taking a look at their guidance and documentation (or your friend even!), as it does sound like if the room isn't heated, then it's unfair that the thermostat cannot be turned up, and is something the landlord should fix.

    In any case, through training I've had surrounding tenancy agreements, not being allowed to touch the thermostat is very obscure and I've not seen it in the contracts I've seen!

    (Original post by snodge182)
    thank you all for the replies, there is no clause about unannounced access other than in an emergency (such as damage being done to the property)
    I will go with her to th CAB today and find out more about it. The radiators have been bled and work fully when the thermostat is up higher, however there is a light on the thermostat to indicate when it is in use and at 22 degrees it doesn't come on. It's a brand new thermostat too (with a cover that can be removed using a screw). I guess that was the attempt by the landlord to control the temperature but when all of the tenants realised their rooms were not heating up then they opened it up and altered the temperature.
    They do rent out the rooms on seperate contracts but there is nothing about some random bloke coming in and making sure the house is cold. The kitchen is shared, so doesn't that impose a risk if anyone can waltz in? Especially as people use the kitchen to store their kitchenware etc and cook (i.e using the kitchen as their own)
    Let us know how the CAB goes! Good luck!
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    im not a lawyer so disclaimer check this with a lawyer
    but I have been wittness to a number of legal disputes that involved something called red hand.

    basically if their is a significant term in a contract you cant tuck it away on page 36 section etc it must be highlighted in bold letters and attention immediately drawn to it.

    I would think a clause not allowing you to adjust your heating would be sufficient to fit that category. again though check this with a lawyer.
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    (Original post by pjm600)
    It depends on the nature of the tenancy agreement. Do the tenants have a joint agreement for the entire house or 'room only' agreements? Given there are 5 individual contracts it sounds like the latter, so the tenants may not have exclusive occupation of the communal areas. In this case the landlord may enter the communal areas but the usual protections apply to the tenants' rooms.
    No. It doesn't depend on the tenancy agreement, this is something defined in law with a legal statute within the Housing Act 1988. In this case, it doesn't matter what is put in the contract, the landlord must give 24 hours notice before entering the property whilst any tenant is in situ, period.

    So please, do continue talking out of your backside. You are talking from speculation, whereas i'm talking from experience. Having had to take my landlord to court last year for exactly this situation, in an HMO.
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    (Original post by GiantKiwi)
    No. It doesn't depend on the tenancy agreement, this is something defined in law with a legal statute within the Housing Act 1988. In this case, it doesn't matter what is put in the contract, the landlord must give 24 hours notice before entering the property whilst any tenant is in situ, period.

    So please, do continue talking out of your backside. You are talking from speculation, whereas i'm talking from experience. Having had to take my landlord to court last year for exactly this situation, in an HMO.
    Did you have individual contracts to the rooms, or a joint agreement for the house? I am happy to be proven wrong by someone with court experience, and there is no need for a condescending tone, it is just this is counter to the advice on the RLA, tenancy deposit scheme, and other firms' websites. These state that where the tenant has an agreement for the room only (which I believe is the separate accommodation in s3 housing act 1988, but I'm by no means a legal expert), tenants only have rights to use the shared areas, not exclusive use, so the landlord can enter shared areas without notice, but not the individual rooms. This arrangement is how I have experienced hmos.

    If you can elaborate on your experience and where my understanding is wrong, that would be helpful.
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    Hi all,

    So we went to the CAB and the answer was vague, however they did feel like it was unfair and pointed out in the contract that it is the tenants responsibility to provide enough heat as to prevent frost and condensation, so therefore surely the thermostat should be controllable by the tenant. They have recommended we contact shelter for more advice.

    On another note however, it seems as though someone came in around 3am the other night to do this to the thermostat:
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    (Original post by snodge182)
    My friend lives in a house with multiple occupants. 5 individual contracts as there are 5 rooms. The kitchen is shared however and that is where the thermostat is.

    In the past 2 weeks someone has come round 3 separate times and turned down the thermostat from 26 degrees to 21 degrees, meaning none of the heating turns on in my friend's room. It seems for her part of the house to be heated, the thermostat in the kitchen needs to be turned to 26 degrees at least. This is not a problem except for the person coming round and changing the thermostat dial.

    Her rent includes the bills and in no where of the contract does it state anything about the maximum temperature to be set.

    Not only this but this person, who we believe is from the letting agency, does not even give 24 hours notice prior to coming, just shows up with a key, does it and goes off.

    Anyone know if this is allowed? Sorry for the long paragraph, writing isn't my strong point.

    P.S he came round today while I was there and as he was leaving I heard him mutter to one of the other tenants about not turning up the temperature otherwise something about a rent increase.
    I believe that is actually illegal the landlord is not allowed on the property without the permission of the renter
 
 
 

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