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?
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.