dodgy dealings

It's sixteen months now that I've been living in my present apartment. The memory of the old place faded quickly. The new one was nicer in most regards. There are the little issues that are inevitable in England – the windows don't seal, the plumbing works on hope, the kitchen is ancient – but apart from that my apartment is nice and I feel at home.

Despite this generally positive situation, the odd dark cloud here and there has kept me cautious from the beginning. The agency that mediated the transaction operated from the back room of a terrace in Paddington. The emailed me the tenancy agreement once it was signed all around but never a hard copy. They also never emailed me proof that they had payed the deposit into the government-backed deposit protection scheme. Nothing to get worked up about, I think, but something a diligent agency would take care of.

The landlord is another issue. It's not a person but an obscure company by the name of Kingstar (UK) Ltd. According to the internet, they don't exist. According to the address and Streetview, they're someone's home office effort. None of this mattered initially. The hallway and stairs of our building are being cleaned weekly, and problems with the flat are being dealt with quickly. When my sink didn't drain, a geriatric handyman arrived the next day to botch it back together, doing the plumbing equivalent of painting the damage over to make it go away.

All was good, but one day I came home to find my door locked. I never lock it. It snaps shut by itself which is good enough for me. I called the landlord and was told the rent collector, on his way to the flat above, must have entered by accident. Why there is the need for a rent collector in the 21st century is a different issue, and why I have to write a physical check every four weeks yet another, but back then at the phone, there was only room for my exasperation at, first, someone unlawfully entering my flat and, second, the person I was talking to not being particularly contrite or apologetic. It almost sounded as if this were the way things were done. I told her this was not the way things are done, and please tell the rent collector.

I have no proof the rent collector ever returned, but when I had boiler issues earlier this year, when the heating failed or the hot water and sometimes both for no obvious reason, I called the guy in charge of the building, then called him again and, when nothing happened, again, leaving messages on voicemails and being cold. When I finally got hold of him, he told me he had checked the boiler and it was ok.

Maybe the boiler was – it keeps acting up but can usually be tricked into producing hot water to fill the bath or the radiators – but entering my flat without my permission most certainly wasn't. I told the guys in anger but he did what felt, through the telephone, like waving me off. That's when I changed the lock.

On Friday I got a letter from my landlord, telling me (quite correctly, it must be admitted) that I am in breach of contract for having changed the locks and relating, with perfect nonchalance, the third attempt at trespassing. Worse yet, the letter concluded with eastern promises of forcing my locks and breaking into my flat.

I was speechless for a while, but not hopping mad with anger. I felt reassured in my decision to change the locks, which I'm pretty confident they wouldn't dare to break. Trespassing might only be a civil offense without serious consequences, but breaking a lock to enter a flat someone else lawfully occupies is criminal damage. Just to make sure (which I'm not entirely, to be honest) the landlord understands the situation, I sent the following letter back:

I would like to draw your attention to the tenancy agreement, in particular clause 4 where it clearly states the following: “The landlord agrees with the Tenant that the Tenant paying the Rent and performing the obligations on the part of the Tenant may quietly possess and enjoy the Premises during the Tenancy without any lawful interruption from the Landlord or any person claiming under or in trust for the Landlord.”

Over the course of my tenancy, I have noticed two instances when persons working for you broke the law and trespassed onto the premises I’m renting. I alerted you to each infringement (rent collector and Xxx checking the boiler) and asked you to desist. You have failed to do so and admit in your latest letter that you consider trespassing your prerogative. It is not; it is a civil offense. Breaking the lock, as you threaten, would be criminal damage and a matter for the police.

I will not tolerate continued violation of the privacy of my home and will only restore the original lock once you’ve assured me in writing that you will refrain from further trespassing. Should you need access, please call me at xxxxx xxxxxx to make an appointment. Unless I’m out of town, I am generally available at a day’s notice.

I hope the tenancy will continue in mutual agreement and respect.

The aggressiveness has been toned down considerably since the first draft, but I think the message still comes across forcefully. Fingers crossed that it registers.