This is a question to the blog clinic from Kevin who is a tenant.
I work at night and have written to the landlord 20-30 times and asked them not to phone as they wake me up while I am asleep.
I have asked the landlord to remove my phone number from their records but they have declined on the grounds that they need the phone number for emergencies, which is reasonable, but as yet no phone call has ever been about an emergency.
Is my landlord in breach of the tenancy by phoning me?
Answer
Your landlord won’t be in breach of the tenancy agreement unless this specifically says that they should only contact you by phone in an emergency. Which is unlikely.
If it was a letting agent which was making the calls I would suggest making a complaint to their Property Redress Scheme. However, unlike letting agents, at the time of writing landlords are not required to belong to a scheme.
However, this is going to change so if you are reading this after 2018 you may want to check to see if the law has changed yet. Because if so, Property Redress Schemes have the power to award compensation.
Until that time though you are left with only practical ‘solutions’ such as unplugging the phone from the wall (if it is a landline) or switching off your mobile. Or it may be enough if you can just switch off the ringer.
Tell your landlord that you will be uncontactable during that time and ask them to send you an email.
After all, there is nothing in your tenancy agreement which requires you to be contactable by your landlord 24/7.
What baffles me here is why you Kevin had to talk to them 20-30 times.
I’ve been in our rented property for 4 years and never had a single call from the landlord or agent.
If their calls are so persistent to prompt so many complaints I would say Kevin might have an argument on Breach of Covenant for Quiet Enjoyment
That’s very true, and in fact we have a precedent for harassment by text here https://landlordlawblog.co.uk/2011/06/27/landlord-convicted-of-harassment-by-text/.
However, I doubt whether Kevin will want the bother of a county court claim when all he wants is a bit of quiet so he can have some kip.
He could threaten it though.
How many times has the landlord phoned and why?
I phone my tenants once every couple of years, if that. As for anyone ignoring a reasonable written instruction 20-30 times…
It all seems highly unlikely.
I just went and read that article, and the posts underneath and noticed something very interesting.
That was 2011 when I was a straightforward TRO and not the multi-agency worker I became, targeting rogue landlords across the board, not just harassment and Illegal Eviction and going out with immigration police, raiding brothels and cannabis farms and seeing the full extent of criminal activity with the PRS at its core.
I said in the comments “For my part I would rather work at building supportive relationships with our local landlords”…..
Not any more haha I have zero tolerance for any breaches these days
“For my part I would rather work at building supportive relationships with our local landlords”…..
Not any more haha
Not quite so amusing if you’re a benefits tenant paying the price for anti landlord councils.
At least you tried.
My mobile which is pretty old has an option to disable it from ringing for certain hours each day.
Peter sometimes the practical solution is the best :)