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the_duke_of_hazzard

Landlord Visited Flat Without Permission

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I've had a series of nightmares with my old landlord.

We moved out 5th March and played everything by the book - gave two months' notice from the first of March, paid the rent for March, etc etc..

She's let it slip that she's visited the flat since we moved out without our permission.

She's also gone mental because we've given "her" keys to the letting agent to show people round.

If she's broken the contract by doing this (I think she has) then can I say "you've broken the contract, keep the deposit and get lost"? I just want to move on and forget about it, but is it within my rights to do that?

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I've had a series of nightmares with my old landlord.

We moved out 5th March and played everything by the book - gave two months' notice from the first of March, paid the rent for March, etc etc..

She's let it slip that she's visited the flat since we moved out without our permission.

She's also gone mental because we've given "her" keys to the letting agent to show people round.

If she's broken the contract by doing this (I think she has) then can I say "you've broken the contract, keep the deposit and get lost"? I just want to move on and forget about it, but is it within my rights to do that?

She has trespassed on your property. The tort (civil wrong) of trespass is actionable per se, which means that you don't have to suffer any loss to recover damages. However, in cases of minor trespass of this kind, those damages are merely a token sum.

Are you entitled to tell her to stick her tenancy? The short answer is no. It would only be possible if her default was so serious as to bring the tenancy to an end (known as repudiatory breach) that you would be able to accept her repudiatory breach and walk away from the tenancy.

Re: keys. By wrongfully (ie: without permission) passing her keys to a 3rd party, you may have misappropriated her property. This is known as conversion and again, she could seek damages from you, although again, any damages will be nominal.

If I were you, I'd try to live and let live a little and hope that she re-lets the place asap, because that would be a surrender of your tenancy by operation of law and your liabilities would cease at the point new tenants take possession. Which of course, means you may be due some money back.

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She has trespassed on your property. The tort (civil wrong) of trespass is actionable per se, which means that you don't have to suffer any loss to recover damages. However, in cases of minor trespass of this kind, those damages are merely a token sum.

Are you entitled to tell her to stick her tenancy? The short answer is no. It would only be possible if her default was so serious as to bring the tenancy to an end (known as repudiatory breach) that you would be able to accept her repudiatory breach and walk away from the tenancy.

Re: keys. By wrongfully (ie: without permission) passing her keys to a 3rd party, you may have misappropriated her property. This is known as conversion and again, she could seek damages from you, although again, any damages will be nominal.

If I were you, I'd try to live and let live a little and hope that she re-lets the place asap, because that would be a surrender of your tenancy by operation of law and your liabilities would cease at the point new tenants take possession. Which of course, means you may be due some money back.

I spoke to the EAs - apparently she knew they had the keys and was quite happy. They've asked me for a copy of the email.

I just want to forget the last month's rent (1K) and the deposit (1.5K) and move on, and don't trust her to return it. Apparently they've already found new tenants. Don't know when they are moving in, but I suspect that's why she's demanding we clean the flat immediately.

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I spoke to the EAs - apparently she knew they had the keys and was quite happy. They've asked me for a copy of the email.

I just want to forget the last month's rent (1K) and the deposit (1.5K) and move on, and don't trust her to return it. Apparently they've already found new tenants. Don't know when they are moving in, but I suspect that's why she's demanding we clean the flat immediately.

Please re - read the last sentence of my 1st post.

The rent paid on the 5th March and your deposit have paid the rent up to the 4th May. If new tenants move in before that date, she will have accepted the surrender of your tenancy (effective when she hands them the keys) and you then will be entitled to a pro rata refund of the rent for the days remaining up to the 4th May.

I'd advise you to stay on friendly terms with the letting agent (so that they can let you know when new people move in) and/or to keep an eye on the property for new occupiers.

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  • 293 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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