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  • FIRST POST
    • crisN
    • By crisN 5th Dec 17, 2:59 PM
    • 4Posts
    • 1Thanks
    crisN
    Letting agent went into rental without permission
    • #1
    • 5th Dec 17, 2:59 PM
    Letting agent went into rental without permission 5th Dec 17 at 2:59 PM
    Hi,
    My daughter and son in law have told their landlady that they don't wish to renew their tenancy after two and a half years of (almost) problem free renting.
    The Tenancy finishes in five weeks time and they have seen it advertised but have had no viewings, my daughter noticed a week or so ago that the flat using old photos was taken down. She then spotted yesterday that the letting agents have put another advert up using photographs of the flat with their furniture and several photographs of my grandson along with his name in large letters on the wall of his bedroom and school certificates! They have obviously entered the flat while my daughter and Son-in Law have been at work and taken these photographs without permission or notice. This is a well known estate agent! When they phoned yesterday they were told that it was miscommunication between themselves and the landlady. Most of the photos were taken off.
    Although still leaving one showing my grandson and school certificates, this has now been taken down.. We have asked for a full report of how this happened. The Letting Agents have now admitted that it was a junior member of staff who is at fault and the Branch has apologised.
    We want some redress for this as my daughter is very upset by this, what should they do when they have the report? The landlady who apologised on behalf of the Letting Agents wants to have new photographs taken which of course my daughter has agreed to as per the Contract with the correct notice. Any advise on how they stand legally?
Page 1
    • Slithery
    • By Slithery 5th Dec 17, 3:03 PM
    • 365 Posts
    • 530 Thanks
    Slithery
    • #2
    • 5th Dec 17, 3:03 PM
    • #2
    • 5th Dec 17, 3:03 PM
    It was a mistake, and they've apologised. What more do you want?
    • Pixie5740
    • By Pixie5740 5th Dec 17, 3:06 PM
    • 11,202 Posts
    • 15,655 Thanks
    Pixie5740
    • #3
    • 5th Dec 17, 3:06 PM
    • #3
    • 5th Dec 17, 3:06 PM
    I would be amazed if the letting agent supplies you with a full report into how this happened. The agency has apologised and if your daughter is concerned about it happening again she can change the barrel in the lock. That would stop them coming in unannounced.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Mojisola
    • By Mojisola 5th Dec 17, 3:07 PM
    • 28,643 Posts
    • 72,971 Thanks
    Mojisola
    • #4
    • 5th Dec 17, 3:07 PM
    • #4
    • 5th Dec 17, 3:07 PM
    She then spotted yesterday that the letting agents have put another advert up using photographs of the flat with their furniture and several photographs of my grandson along with his name in large letters on the wall of his bedroom and school certificates!

    they were told that it was miscommunication between themselves and the landlady. Most of the photos were taken off.

    Although still leaving one showing my grandson and school certificates, this has now been taken down.

    the Branch has apologised.

    We want some redress for this as my daughter is very upset by this,
    Originally posted by crisN
    A mistake was made and corrected and an apology given.

    Tell your daughter to grow up and get over it.

    In their next rental, they could change the locks so that no-one can enter without their permission.
    • LEJC
    • By LEJC 5th Dec 17, 3:07 PM
    • 9,040 Posts
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    LEJC
    • #5
    • 5th Dec 17, 3:07 PM
    • #5
    • 5th Dec 17, 3:07 PM
    what redress are you seeking.....it may be best that you now take your issue up directly with the LA as it is them you have the issue with.

    I agree that what they have done is not acceptable and if your LL has also apologised on the LA's behalf there is little more the LL can do.

    so what is it exactly you want from the agent....put your request in writing to them and await their response.
    frugal October...£41.82 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 170 out 144 in ...£18.64 spend
    • Comms69
    • By Comms69 5th Dec 17, 3:15 PM
    • 1,318 Posts
    • 1,063 Thanks
    Comms69
    • #6
    • 5th Dec 17, 3:15 PM
    • #6
    • 5th Dec 17, 3:15 PM
    Hi,
    My daughter and son in law have told their landlady that they don't wish to renew their tenancy after two and a half years of (almost) problem free renting.
    The Tenancy finishes in five weeks time and they have seen it advertised but have had no viewings, my daughter noticed a week or so ago that the flat using old photos was taken down. She then spotted yesterday that the letting agents have put another advert up using photographs of the flat with their furniture and several photographs of my grandson along with his name in large letters on the wall of his bedroom and school certificates! They have obviously entered the flat while my daughter and Son-in Law have been at work and taken these photographs without permission or notice. This is a well known estate agent! When they phoned yesterday they were told that it was miscommunication between themselves and the landlady. Most of the photos were taken off.
    Although still leaving one showing my grandson and school certificates, this has now been taken down.. We have asked for a full report of how this happened. The Letting Agents have now admitted that it was a junior member of staff who is at fault and the Branch has apologised.
    We want some redress for this as my daughter is very upset by this, what should they do when they have the report? The landlady who apologised on behalf of the Letting Agents wants to have new photographs taken which of course my daughter has agreed to as per the Contract with the correct notice. Any advise on how they stand legally?
    Originally posted by crisN
    You don't get compo for being upset...


    Legally she could deny them taking any photos at all.
    • fairy lights
    • By fairy lights 5th Dec 17, 3:18 PM
    • 8,354 Posts
    • 28,060 Thanks
    fairy lights
    • #7
    • 5th Dec 17, 3:18 PM
    • #7
    • 5th Dec 17, 3:18 PM
    Change the locks because they'll probably try to let themselves in for viewings too, if they're prone to 'miscommunications'.
    • crisN
    • By crisN 5th Dec 17, 3:37 PM
    • 4 Posts
    • 1 Thanks
    crisN
    • #8
    • 5th Dec 17, 3:37 PM
    • #8
    • 5th Dec 17, 3:37 PM
    This is first post and I would like to Thank you for your mostly unfriendly, unhelpful replies, my daughter isn't seeking compensation or I would have said this, they have breached the contract and even if this was an error, it's a pretty large error which needs looking into and ensuring that this doesn't happen again.
    Putting photographs of my Grandson with his name address and school without either the knowledge or permission of his parents is a big deal and illegal. I can understand why my daughter is upset.
    I am pretty sure that you are not allowed to change locks on a rented accommodation without passing a key to the landlady.
    • k3lvc
    • By k3lvc 5th Dec 17, 3:42 PM
    • 1,947 Posts
    • 3,090 Thanks
    k3lvc
    • #9
    • 5th Dec 17, 3:42 PM
    • #9
    • 5th Dec 17, 3:42 PM
    So if not compo then what 'redress' do you want ? You've had an apology and an assurance it won't happen again


    Maybe a public flogging of the staff member ?
    A full page ad in the local rag apologising ?


    And as for changing the locks - you're wrong
    • DaftyDuck
    • By DaftyDuck 5th Dec 17, 3:45 PM
    • 3,884 Posts
    • 7,893 Thanks
    DaftyDuck
    Well, what "redress" are you looking for then?
    • Comms69
    • By Comms69 5th Dec 17, 3:47 PM
    • 1,318 Posts
    • 1,063 Thanks
    Comms69
    This is first post and I would like to Thank you for your mostly unfriendly, unhelpful replies, my daughter isn't seeking compensation or I would have said this, they have breached the contract and even if this was an error, it's a pretty large error which needs looking into and ensuring that this doesn't happen again.
    Putting photographs of my Grandson with his name address and school without either the knowledge or permission of his parents is a big deal and illegal. I can understand why my daughter is upset.
    I am pretty sure that you are not allowed to change locks on a rented accommodation without passing a key to the landlady.
    Originally posted by crisN
    well what were you expecting? She got an apology.


    No, putting up photographs of children is NOT illegal.


    Yes, you are allowed to change locks.


    Here's an idea (I can see this being upset and offended things is hereditary) - don't be upset, read what people have said - it is helpful, its just not what you wanted to hear/read.
    • LEJC
    • By LEJC 5th Dec 17, 3:47 PM
    • 9,040 Posts
    • 59,536 Thanks
    LEJC
    I'm sorry you found the responses unfriendly and unhelpful,the the situation is that sometimes people do make mistakes and whilst they can be upsetting for those caught up in them they are not always compensatable.

    Have you never made a mistake at work?
    I know I did a few times whilst learning the ropes....and thankfully I wasn't dismissed as a result.....sometimes you do have to put some things down to experience and move on.

    in relation to whether you can change a lock in a rental property....you can do as you wish as long as you reinstate the original lock before you leave as with most things in the rental....as long as there is an inventory at the beginning and the the contents of the property is returned at the end in a similar condition minus wear and tear,the tenant is able to do as they wish with the bit in the middle whilst they live there.
    frugal October...£41.82 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 170 out 144 in ...£18.64 spend
    • G_M
    • By G_M 5th Dec 17, 3:48 PM
    • 42,309 Posts
    • 49,156 Thanks
    G_M
    This is first post and I would like to Thank you for your mostly unfriendly, unhelpful replies,
    The replies were helpful in explaining this is a molehill being turned into a mountain

    Marginally unfriendly perhaps, but public forums are notorious for direct responses to over-reactions.

    my daughter isn't seeking compensation or I would have said this,
    Then what are you/she seeking, from the agent, and from us here?

    they have breached the contract
    How?
    There is probably a clause permiting access in the final month or two. Please quote the relevant bit of the contract you believe has been breached.
    and even if this was an error, it's a pretty large error which needs looking into and ensuring that this doesn't happen again.
    Whether it is a 'large error' or not is a matter of opinion.

    The concensus from respondants here seems to be it is not. That's why you are now not only over-reacting to the agent's response, but also over-reacting to this forum's responses!

    Putting photographs of my Grandson with his name address and school without either the knowledge or permission of his parents is a big deal and illegal.
    They've been removed.
    The agency has apologised.
    They are now aware of their error.
    Sorted
    I can understand why my daughter is upset.
    And I can't.

    I am pretty sure that you are not allowed to change locks on a rented accommodation without passing a key to the landlady.
    Originally posted by crisN
    Re the locks, again - have you read the contract? Don't make assumptions.

    And even if there IS such a clause, given the history, I doubt a court would enforce it (assuming the landlord both knew, and went to court).
    Last edited by G_M; 05-12-2017 at 3:52 PM.
    • crisN
    • By crisN 5th Dec 17, 4:10 PM
    • 4 Posts
    • 1 Thanks
    crisN
    Seriously you all need to get something else in your lives, try going out and enjoying life.
    • Comms69
    • By Comms69 5th Dec 17, 4:12 PM
    • 1,318 Posts
    • 1,063 Thanks
    Comms69
    Seriously you all need to get something else in your lives, try going out and enjoying life.
    Originally posted by crisN
    And here comes the attitude..... Shame really - your daughter would have had accurate advice, instead she just gets your outrage.
    • Lokolo
    • By Lokolo 5th Dec 17, 4:25 PM
    • 19,858 Posts
    • 14,942 Thanks
    Lokolo
    Seriously you all need to get something else in your lives, try going out and enjoying life.
    Originally posted by crisN
    Without the people on this forum you wouldn't have been able to find out the answer you needed.....

    You never answered the other posters question about what redress you were actually after.

    People make mistakes, an apology was issued. No-one was harmed. No-one lost any money.
    • G_M
    • By G_M 5th Dec 17, 4:26 PM
    • 42,309 Posts
    • 49,156 Thanks
    G_M
    Seriously you all need to get something else in your lives, try going out and enjoying life.
    Originally posted by crisN


    I think you need to take your own advice.

    You need to try going out and enjoying life instead of stressing over this minor, resolved, matter.
    • LEJC
    • By LEJC 5th Dec 17, 4:27 PM
    • 9,040 Posts
    • 59,536 Thanks
    LEJC
    Seriously you all need to get something else in your lives, try going out and enjoying life.
    Originally posted by crisN
    OK...Lets look at it from another angle.....

    what if your daughter were the junior who supposedly took the photos uploaded them as part of her job and was now about to be severely reprimanded in line with a redress that was being demanded by an angry/upset tenant.....
    you would be asking for the tenant to get a life and move on no doubt....

    although in all seriousness this thread has given you the answer to your query....albeit the one you didnt want to hear so yes we can all get on with enjoying life now......
    frugal October...£41.82 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 170 out 144 in ...£18.64 spend
    • Shrimply
    • By Shrimply 5th Dec 17, 4:27 PM
    • 850 Posts
    • 472 Thanks
    Shrimply
    Seriously you all need to get something else in your lives, try going out and enjoying life.
    Originally posted by crisN
    If your daughter was the new member of staff at the estate agents would you want her to get in trouble and potentially lose her job over the mistake because the people involved weren't satisfied with just an apology?
    • crisN
    • By crisN 5th Dec 17, 4:36 PM
    • 4 Posts
    • 1 Thanks
    crisN
    As per tenancy agreement;
    'Not to alter or change or install any locks or or any windows in or about the property or have any additional keys made for any locks without consent of the landlord'.


    As per NSPCC website;
    Risk factors

    Some of the potential risks of photography and filming include:
    • children may be identifiable when a photograph is shared with personal information
    • direct and indirect risks to children and young people when photographs are shared on websites and in publications with personal information
    • inappropriate photographs or recorded images of children
    • inappropriate use, adaptation or copying of images.
    As none of you addressed this major point here is some information!
    Have a nice life.
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