Letting Agent lets themselves in...

Debt_Free_Chick

I'm inclined to think this is a one-off. Firstly, you say that they are generally pretty good - especially with repairs/maintenance. Secondly, I can't see that they would go to the trouble of typing a letter, then printing, signing it and posting it - if all along, they were simply going to let the energy-man have the key. If the LA was going to be underhand/difficult, they wouldn't have bothered with the letter. It was possibly posted late on Saturday where there isn't a collection on Sunday. So in reality, it was posted Monday and therefore didn't arrive until Tuesday.

They - on the other hand - thought you would have received it Monday and hadn't contacted them to object. So they assumed you would be in but let the energy-man have a key "just in case".

Given what you want to achieve I suggest you politely point out that (a) they need to contact you in a way that ensures you get at least 24 hours notice - so phone or email. If writing, they need to add a few days on for the vagaries of the postal system.

And (b) even if you did agree that another agent/tradesman could attend when you are not there, that you expect the LA to accompany them and not simply hand the key over.

Just bear in mind that if you don't want anyone to be in the house when you're not present, one or both of you will need to be prepared to be at home - at take time off work, if necessary - if a visit is required.

Regards

redcar_2

Debt_Free_Chick wrote: »

They - on the other hand - thought you would have received it Monday and hadn't contacted them to object. So they assumed you would be in but let the energy-man have a key "just in case".

Ie the LA write to you either careless as to giving you any notice or with the intention to give you the bare minimum notice that a visit WILL take place as someone will just let themselves in. This is not the agents asking permission.

You may find they take the same line with gas checks or any other 'men' they need to send round.

PasturesNew

I always say "What if one were tied up, covered in peanut butter and the OH had had to pop out for the spray on cream" .... it happens!

Incisor

PasturesNew wrote: »

I always say "What if one were tied up, covered in peanut butter and the OH had had to pop out for the spray on cream" .... it happens!

But can you tell us if it is effective at stopping letting agents letting people in?

PasturesNew

Incisor wrote: »

But can you tell us if it is effective at stopping letting agents letting people in?

If the one tied up is the wrong side of 25 stone and very hairy ... it'd certainly stop them taking a 2nd step in, or ever returning.

speedtwin

poppysarah wrote: »

You should be able to choose who has the spare key for your front door.

No the Owner of the property should decide who has a spare key. Normally it is the letting agent but the letting agent should know the law and know he or anyone else cant just let themselves in, that is unacceptable and against the law unless it is a genium emergency.
If the agent belongs to ARLA he should know that. I would tell the agent to read up on the Protection of Eviction Act 1977

And LA who tries to let themselves in without you being there will of course be in breach of t&c and the law so should never find out. (barring emergencies which they happen to witness)

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tbs624

Russ_Vengeance wrote: »

........ we don't want anyone letting themselves into our house when we're not there. We're not trying to be difficult about it, as we can always arrange things so that one or other of us can be there, but we're both fond of our privacy, and I think understandably, we don't want any random folk poking around our house!

Yesterday, while I was at work, my gf heard a knock at the door. It was a bloke from some research company, working on behalf of our LA. He'd come to check the energy efficiency of the house ( I think its a new thing they've gotta get done)......

Unless you are about to move out the LL/LA does not actually need to get an Energy Performance Certificate done on the property yet: it is only relevant for new lets with new tenants after Oct 1st 08 ( it may be that the LL is intending on selling up, so needs one for a HIP, or that there is some discount deal being offered en masse to all that LA’s clients. There is no obligation for a LL to upgrade a property after getting one done (they are valid for 10 years) so it would be hard for a LL/LA to say that such a visit came under the implied covenant that allows LLs or their agents to inspect the condition and state of repair of a property provided 24 hrs notice is given ( & clearly in your case the 24 hrs wasn’t properly applied)


Just write a formal letter to the LA (with a copy to the LL) saying that you refer to the recent visit, and the fact that a letter sent out by them didn’t arrive in time to give you the required minimum notice.

State that you are happy to arrange mutually convenient times and dates with them to allow access to the property in line with the LLs repairing obligations under S11 of the LL & T Act, but asking them to note on their records that is not acceptable to you at any time for anyone to let themselves into the property in your absence.

Say that to avoid disharmony/misunderstandings in future you will phone them to confirm receipt of their notification letters and either (a) agree that the proposed time & date is convenient, or (b) suggest an alternative.

Ask them to confirm receipt of your letter in writing.

Premier_2

speedtwin wrote: »

...If the agent belongs to ARLA he should know that. I would tell the agent to read up on the Protection of Eviction Act 1977

And LA who tries to let themselves in without you being there will of course be in breach of t&c and the law so should never find out. (barring emergencies which they happen to witness)

The Protection of Eviction Act 1977 appears to speak of "a person occupying the premises". What happens if the premisis is not occupied at the time?

Furthermore, if the LL does actually re-enter the premises, could the LL apply the rule of forfeiture in the event changing the locks is in breach of the terms of the tenancy agreement? (assuming correct notice had already been given pursuant to s.146 of the Law of Property Act 1925)?

flutter_2

My Partner and I had a similar problem with a student letting agent in Bristol a few years ago. On most things they were really good - fast to replace anything that even slightly broke (fridge shelf cracked - new fridge) etc. BUT ther had serious issues with letting workpeople have keys to our flat.

They are meant to give 24 hours notice, but we never had any notice any of the times they sent people. Their policy also stated that the workperson should ring the doorbell first - then they would enter the property if we didn't answer - the were meant to call out on entry - shouting the name of the letting agency... to alert anyone to their presence.

On all occasions in question none of the above happened - this firstly resulted in workmen walking in on my husband naked in bed, as it was his day off. At this point we complained by going into the LA office - they apologised. BUT it didn't make any difference and not only did we find that they let themselves in to paint our bathroom ceiling (without any prior notice at all - we didn't even know it needed doing) which left our towels covered in paint - great! A workman also walked in while I was in the shower - fortunatley I managed to get a towel on before he walked into our bedroom (which was open plan to the shower). On letting him know how annoyed I was about this - he said 'I'll give you five mins to get dressed then'. Needless to say we weren't too impressed and after sending the LA a two A4 page long letter detailing our annoyance - we got a weak 'we are sorry for the misunderstanding' letter from them.

Even though they were good at maintenance - I was glad to leave - I think they had a bad attitude because most of their tennants were undergrads - who they seemed to have no respect for in terms of privacy!

I would suggest asking them to give you notice by email - assuming you check your emails regularly - but I wouldn't hold my breath on them changing their ways - our LA never really did.

Russ_Vengeance

Cheers for all your replies guys. I appreciate the advice.

I reckon I'm gonna write 'em a letter as tbs624 suggested. It's never made any difference by verbally asking them, so maybe a letter would do it.

Oh, and for the record, I resent the accusation that I have ever been left tied up and covered in peanut butter while my OH went to get cream...



















































... It was Nutella;)