Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Landlord refuse to leave the room

Landlord refuse to leave the room

Postby south1 » Fri Oct 07, 2016 3:25 pm

I am thinking about a scenario.

What would happened if for example a landlord who is in the room of a tenant decides not leave the room? Can the tenant call the police so that the police came and force the landlord to leave? Would the police accept to come or refuse to come saying that it is a civil matter about a tenant-landlord dispute?

I would like to know also which criminal law the landlord would have breached by refusing to leave the tenant's room?
south1
 
Posts: 872
Joined: Sun Jan 13, 2013 6:44 pm

Re: Landlord refuse to leave the room

Postby Hairyloon » Fri Oct 07, 2016 5:24 pm

I would guess at aggravated trespass and yes he should call the police.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9325
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Landlord refuse to leave the room

Postby theycantdothat » Fri Oct 07, 2016 5:37 pm

Assuming the landlord is not present pursuant to some reasonable right granted by the tenancy being exercised reasonably and in accordance with the terms of the tenancy, a landlord who does not leave when asked is in exactly the same position as any other trespasser who does not leave when asked. A landlord who merely refuses to leave at the request of the tenant is unlikely to be guilty of an offence. If the police are called and persuaded that the landlord is trespassing they should see him off the premises.

If the landlord is present pursuant to some reasonable right granted by the tenancy being exercised reasonably and in accordance with the terms of the tenancy, the landlord cannot be trespassing even if the tenant asks him to leave. However, in such a situation a wise landlord will leave. If the police are called, they can ask the landlord to leave if they think there will be a breach of the peace.
theycantdothat
 
Posts: 1055
Joined: Fri Nov 02, 2012 7:36 pm

Re: Landlord refuse to leave the room

Postby dls » Sat Oct 08, 2016 6:30 am

The essence of a tenancy is the right to exclude the landlord.

It may easily amount to harassment by the landlord - either in teh more general sense under the Protection from Harassment Act, or in the housing aspect as an attempt by the landlord to persuade the tenant to leave.

In the latter case, the local authority should have someone with exactly the responsibility to prosecute.

As TCDT says, some tenancy agreements will give rights of access to landlords. The agreement should be closely examined.

I doubt breach of the peace would occur since it is in private.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11792
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire


Return to Landlord and Tenant Law

Who is online

Users browsing this forum: No registered users and 1 guest