Can my landlord break my lease?

shellycub

Hi,

My landlord had to come and collect rent while I was not in the property. We had closed doors to all rooms.

When I returned the landlord had left a note commenting on cleanliness of apartment and querying a maintenence issue with toilet. At the end of the note they have written 'I'll discuss letting agreement with you later.' Also there were wet towels in the bathroom which they took upon themselves to wash.


Should I be worried? The apartment needed a good clean but was by no means dirty. Can they break the lease based on this. I know I should've made sure it was clean before they came but just couldn't

Thanks

dudara

Had you given them permission to enter the apartment?

shellycub

Yes but we had an agreement if doors were closed they wouldn't open them.

Pay the landlord by bank transfer. A landlord who wants to come around to collect in cash is not a good one.

shellycub

I know, I was told it would be short term, however has turned into 6 months now. To be honest there have been warning signs all along but didn't have much choice. Just worried that they are trying to get us out now to raise rent and are looking for any excuse.....

shellycub

I just don't want a dispute....was already counting down to end of lease.....just want to know my rights if I need them.

GreatDefector

[Deleted User] wrote: »

Pay the landlord by bank transfer. A landlord who wants to come around to collect in cash is not a good one.

I had it for 3 years, biggest pain in the hoop. I couldn't prove to a bank for a loan/mortgage etc that I was paying rent each month.... Plus the evenings he wanted to collect the rent i'd be waiting on him. Disaster. Never again. I wont sign a lease if thats the case

listermint

GreatDefector wrote: »

I had it for 3 years, biggest pain in the hoop. I couldn't prove to a bank for a loan/mortgage etc that I was paying rent each month.... Plus the evenings he wanted to collect the rent i'd be waiting on him. Disaster. Never again. I wont sign a lease if thats the case

I'm sure the tax man would like to have spoken to him

Calypso Realm

shellycub wrote: »

Hi,

My landlord had to come and collect rent while I was not in the property. We had closed doors to all rooms.

When I returned the landlord had left a note commenting on cleanliness of apartment and querying a maintenence issue with toilet. At the end of the note they have written 'I'll discuss letting agreement with you later.' *Also there were wet towels in the bathroom which they took upon themselves to wash.*


Should I be worried? The apartment needed a good clean but was by no means dirty. Can they break the lease based on this. I know I should've made sure it was clean before they came but just couldn't

Thanks

It's bad enough the landlord enters the property in your absence but *this* I find utterly incredible! I'm speechless! Does the landlord live in the same property?

You need to consult your lease but IME it would be extremely unlikely to contain a clause which would permit this and even if it did it would be virtually unenforceable. It would have to constitute a breach of something far more serious ( like persistent non-payment of rent) as opposed to one about keeping a flat clean (and only if there is provision therein) before a landlord could (legally) be being able to terminate a lease.

Just because something is written in a lease doesn't necessarily mean it's legal. There are certain laws to protect tenants rights where evictions etc are concerned.

shellycub

Thank you!
No the landlord does not live in the property.
I've been searching for information but am finding it hard to find anything specific about cleanliness.

The place was not dirty.....it needed to be tidied I'll admit that but was not dirty. I am mortified that they did what they did.

I've found that landlords can serve notice of termination if tenants don't fulfill obligations and I suppose that's what I'm worried about them accusing me of. What is also annoying me is that I scrubbed the shower for days after moving in.....and then for them to turn round and accuse me of not being clean.

esforum

so what if it was a bit messy and untidy? show me a home that isnt just after everyone has run out the door to work. The towels, if I got along very well and I do mean very well with a long term tenent I might do that as a favour but its just plain wrong in this scenario. My tenent sometimes gives me permission to enter in their absence if something needs repairing, etc and its easier for them anyway if its done while they are at work but I enter the room with the problem and open door, thats it. Besides legality, its just bloody manners.

whats so difficult about doing a transfer and calling around at an agreed time every 6 months or whatever and saying hello while having a quick check thats everythings ok (including any repairs or maintenance issues that may be creeping in) and possible a cup of tea?

cowboys like this guy give decent landlords a bad rep

PS a tenent that scrubs the shower themselves on moving in, yes please!

vagazzled

I think he was trying purposely to shame and mortify you by washing the towels himself.
It sounds like a suspicious scenario- he wants you out to raise rent if he's kicking up over a few damp towels or whatever 'surface mess' you left when going to work.
I agree with the posters who suggest it's best to pay by bank transfer for the day you are looking for your own place.Your landlord sounds dodgy, I'd wonder if he is even PTRB registered, pulling stunts like that.
If it were not for the housing crisis, you'd be lucky if he broke the lease for you by the sounds of him.

Graces7

OP; this is appalling and you would do well to speak to Threshold as this is not in keeping with tenancy law. I doubt he is registered. There is no way my landlord would be allowed in when I am out. You are entitled to peace and privacy. You really need to stand up over this.

REXER

Graces7 wrote: »

OP; this is appalling and you would do well to speak to Threshold as this is not in keeping with tenancy law. I doubt he is registered. There is no way my landlord would be allowed in when I am out. You are entitled to peace and privacy. You really need to stand up over this.

Threshhold and possibly PRTB complaint as this cowboy needs to learn that this sort of arrogant behavior is out!

shellycub

REXER wrote: »

Threshhold and possibly PRTB complaint as this cowboy needs to learn that this sort of arrogant behavior is out!

How does making a complaint work? What will happen?

Arbiter of Good Taste

Folks, perhaps the OP should see what the LL has to say before jumping straight into Threshold and PRTB? It could be nothing. Why do things always escalate so quickly?

athtrasna

The LL doesn't need to know that Threshold /PRTB have been contacted. I would think it important that the OP is fully informed before contacting the LL.

shellycub

Arbiter of Good Taste wrote: »

Folks, perhaps the OP should see what the LL has to say before jumping straight into Threshold and PRTB? It could be nothing. Why do things always escalate so quickly?

I agree, I want to avoid conflict/dispute. I posted here to ask for advice. Could they realistically threaten to end lease over this?

I want to know where I stand and what my rights are. Going to threshold/prtb would be last resort.

I contacted landlord apologising if they were upset by apartment, explained due to personal circumstances it couldn't be helped. I also pointed out that we had an agreement if doors were closed they would not be opened and that I was upset about that.

Am waiting for a reply which I probably won't get until tomorrow so will spend weekend worrying about it.

cattolico

Deleted User wrote: »

Pay the landlord by bank transfer. A landlord who wants to come around to collect in cash is not a good one.

Correct. Insist on bank transfer.

Graces7

Graces7 wrote: »

OP; this is appalling and you would do well to speak to Threshold as this is not in keeping with tenancy law. I doubt he is registered. There is no way my landlord would be allowed in when I am out. You are entitled to peace and privacy. You really need to stand up over this.

The LL had permission to enter the house so he is keeping with tenants law. The only thing he did wrong from what I can see (and it is a bit bizarre) is take away the towels. I often give my LL permission to enter the house alone when he needs to do stuff, suits me much better than always having to be there.

cattolico wrote: »

Correct. Insist on bank transfer.

While it's obviously much handier you can't insist on it. Cash is legal tender (obviously) and a LL has the right to receive the rent by what ever method he prefers. To be honest I can see why LL might want to collect cash myself these days. You get to keep a better eye on your property and also it's a lot more difficult for someone to stop paying rent if a LL is calling to their door every month. People aren't half as brave when faced with the person they aren't paying.

Graham

shellycub wrote: »

I agree, I want to avoid conflict/dispute. I posted here to ask for advice. Could they realistically threaten to end lease over this?

I want to know where I stand and what my rights are. Going to threshold/prtb would be last resort.

I contacted landlord apologising if they were upset by apartment, explained due to personal circumstances it couldn't be helped. I also pointed out that we had an agreement if doors were closed they would not be opened and that I was upset about that.

Am waiting for a reply which I probably won't get until tomorrow so will spend weekend worrying about it.

OP, don't worry about it too much. If the landlord thinks you have broken the terms of your lease he has to give you a fair opportunity to remedy the situation. Only if you ignore that is there potential for things to escalate.

If I were in your position, I would be annoyed that the landlord had let himself into my home to conduct an ad-hoc inspection. With the best will in the world, we would all have days where our home wouldn't be looking its best.

You need to have a chat with the landlord and tell him you need his bank details to deposit future rent payments into. If that's not forthcoming, I'd be suggesting he needs to fit into your schedule to collect cash. I'd be making it quite clear that under no circumstances is he to enter your home again if you're not around other than in an emergency (collecting rent isn't an emergency).

TLDR, relax, there is no legal basis for this to go anywhere. Put your foot down (gently) and enjoy Christmas.

shellycub

Graham wrote: »

OP, don't worry about it too much. If the landlord thinks you have broken the terms of your lease he has to give you a fair opportunity to remedy the situation. Only if you ignore that is there potential for things to escalate.

If I were in your position, I would be annoyed that the landlord had let himself into my home to conduct an ad-hoc inspection. With the best will in the world, we would all have days where our home wouldn't be looking it's best.

Thank you, just waiting for them to reply now, just feel like I've been waiting for something to go wrong.

That is what I'm planning on saying when they do reply that I want to pay rent into bank and they can make an appointment if they want to make an inspection.

I had given permission to enter but was told they would only come, take the rent and if doors were closed they would stay closed.

Graces7

shellycub wrote: »

Thank you, just waiting for them to reply now, just feel like I've been waiting for something to go wrong.

That is what I'm planning on saying when they do reply that I want to pay rent into bank and they can make an appointment if they want to make an inspection.

I had given permission to enter but was told they would only come, take the rent and if doors were closed they would stay closed.

Sounds good. You need to set boundaries. Period. By all means read the Threshold and PRTB sites as they explain very clearly what your rights are and what your landlords rights and limitations are and as a tenant you need to be well informed. Threshold will talk with you and not do anything re the landlord without your desire or permission. Trust on that. You have a right to more privacy than this. Also the landlord needs to register the tenancy by law.

Graham

Just because a landlord is asking for the rent in cash, it does not necessarily follow that the landlord has not registered the tenancy and/or is not paying tax.

shellycub

Graces7 wrote: »

Sounds good. You need to set boundaries. Period. By all means read the Threshold and PRTB sites as they explain very clearly what your rights are and what your landlords rights and limitations are and as a tenant you need to be well informed. Threshold will talk with you and not do anything re the landlord without your desire or permission. Trust on that. You have a right to more privacy than this. Also the landlord needs to register the tenancy by law.

Thank you, have decided to ring to ask advice but won't take action unless needed.

Graces7

shellycub wrote: »

Thank you, have decided to ring to ask advice but won't take action unless needed.

Well done.. I do that whenever a problem arises. I had one landlord who kept going in when we were out and wrote to us, " I can enter MY PROPERTY whenever I want and I do not have to give a reason." Threshold said " OH NO HE CANNOT!" Emerged he was not registered so things got better sorted after that and I always paid by cheque. Since then always by standing order. It is legal and absolutely no reason he can say no.

shellycub

Graces7 wrote: »

Well done.. I do that whenever a problem arises. I had one landlord who kept going in when we were out and wrote to us, " I can enter MY PROPERTY whenever I want and I do not have to give a reason." Threshold said " OH NO HE CANNOT!" Emerged he was not registered so things got better sorted after that and I always paid by cheque. Since then always by standing order. It is legal and absolutely no reason he can say no.

Thank you, I have a feeling they may not be registered either. The note that was written just upset me so much. Had been away and returned to it. Don't know why they didn't contact me directly if they were that upset, now I'm left worrying.

Graces7

shellycub wrote: »

Thank you, I have a feeling they may not be registered either. The note that was written just upset me so much. Had been away and returned to it. Don't know why they didn't contact me directly if they were that upset, now I'm left worrying.

Then let Threshold advise and comfort.. it may well be that the landlord is simply unaware ie ignorant of tenant rights and still sees your place as his? Like the one I mentioned. It was the cottage he grew up in and he could not let go. The house was on a slope and he used to walk past the kitchen window every day peering in ...all we saw was his legs! A curtain went up then! You have the right to peace and privacy in your home, and the simple mistake was to allow access when he asked. And that was a very intimidating note to leave. I am not tidy and I remind myself that it is no ones concern but mine where and how my things are. It is the structure and furniture I am renting. Not the bedding and towels etc. When I leave it will be empty and cleaner than when I arrived. That is all that matters.

bgo1

shellycub wrote: »

Hi,

When I returned the landlord had left a note commenting on cleanliness of apartment and querying a maintenence issue with toilet. At the end of the note they have written 'I'll discuss letting agreement with you later.' Also there were wet towels in the bathroom which they took upon themselves to wash.

Perhaps the LL just meant the 'letting agreement' in relation to tidiness of the property not in relation to trying to kick you out which likely isn't the intention if you are paying on time and in full.

Agree it was wrong to go in if you had agreement on closed doors, but i think this is the bathroom you are referring too and not a bedroom which makes it slightly more understandable.

dbit

Stick a cheap web cam hanging off pc or lappy with motion detect software (Most free online) catch him entering and then turn it back on him ,Most agreements will accomodate an arranged viewing for upkeep checks , this is always notified in writing pre the inspection .- outside of that he is breaking the law entering unanounced and non arranged with tenant .

Graham

dbit wrote: »

Stick a cheap web cam hanging off pc or lappy with motion detect software (Most free online) catch him entering and then turn it back on him ,Most agreements will accomodate an arranged viewing for upkeep checks , this is always notified in writing pre the inspection .- outside of that he is breaking the law entering unanounced and non arranged with tenant .

OP had already agreed the landlord could enter the property for the purpose of collecting the rent.