Letting Agent - Unaccompanied Entry

theartfullodger

(I am reading from my RLA (Residential Landlord's Association) Landlord's letting course notes...

The legal case "Street v-Mountford" was the defining case for Landlord's right to enter when tenant refuses (and agent is only "agent-of-Landlord). A Tenancy grants you "EXCLUSIVE ACCESS". The House of Lords went so far as to say "This means the tenant can exclude everyone, including the Landlord if they so wish". Suggest to the Agent that he looks the case up.

So you can tell the agent to go away, he can't have keys, you can change the lock if you need to (but must change it back at your expense at tenancy end).

However try & agree a sensible date/time for an inspection, otherwise the Agent/Landlord will conclude you'r doing something funny (Cannabis farm??). I know you're straight & OK - but others might think otherwise.

Cheers!

Lodger

Geenie

My advice would be to walk away and find LA's that have conditions you like. Quarterly inspections seem very obtrusive, but they are giving you 7 days notice, and should be able to adjust this to a time that is convenient for you or the wife to be there.

I would never dream of entering a tenants property without them being present and arranged in advance to be so. On the other hand, I would assume the LL using this LA knew what service they were signing up for and was in agreement about the quarterly inspections. If this is part of the agreement with the LL, then I don't think the LA can be put entirely at fault, they just need to understand better the tenants rights. I would also advise against changing locks, despite what is said on here. It will probably state on the AST not to do this, just as it will state about the quarterly visits and 7 days notice I assume!

westv

The property I'm currently renting has quarterly inspections and I'm more than happy for the agent to do it whilst I'm not here.
However, I can understand some people wanting to be present. The 7 days notice? Can the OP not contact the agent and just ask to rearrange the appointment?

AndyInYorks

westv wrote: »

The property I'm currently renting has quarterly inspections and I'm more than happy for the agent to do it whilst I'm not here.
However, I can understand some people wanting to be present. The 7 days notice? Can the OP not contact the agent and just ask to rearrange the appointment?

The problem with that is, the Agent is quite likely just to turn up when they feel like it, because they think it's ok.

At my last place (my first rented place - I was young and naive!) I was awoken one morning (I'd been working late the night before and was having a lie in) by the letting agent who'd let himself in (without even knocking!). I was actually woken when he opened my bedroom door. I was not pleased but he told me they'd given me written notice and were entitled to come in.

I do believe they had intended to give notice because when the postman came later that day he delivered the letter telling me about the inspection, so it had obviously got held up in the post.

What I did was wrote to the Landlord (I had his address) telling him I was not happy with the arrangement. I wrote to the letting agency pointing out that I may well have assumed, finding a strange man coming into my bedroom, that I was being robbed, and therefore used reasonable self defense to remove him from the property.

The landlord phoned me up to apologise, even though it wasn't really his fault. The letting agent's boss also phoned me up to apologise (I think the landlord shouted at them!)

All that because the man didn't have the courtesy to knock on the door before coming and snooping around someone's house.

westv

AndyInYorks wrote: »

The problem with that is, the Agent is quite likely just to turn up when they feel like it, because they think it's ok.

At my last place (my first rented place - I was young and naive!) I was awoken one morning (I'd been working late the night before and was having a lie in) by the letting agent who'd let himself in (without even knocking!). I was actually woken when he opened my bedroom door. I was not pleased but he told me they'd given me written notice and were entitled to come in.

I do believe they had intended to give notice because when the postman came later that day he delivered the letter telling me about the inspection, so it had obviously got held up in the post.

What I did was wrote to the Landlord (I had his address) telling him I was not happy with the arrangement. I wrote to the letting agency pointing out that I may well have assumed, finding a strange man coming into my bedroom, that I was being robbed, and therefore used reasonable self defense to remove him from the property.

The landlord phoned me up to apologise, even though it wasn't really his fault. The letting agent's boss also phoned me up to apologise (I think the landlord shouted at them!)

All that because the man didn't have the courtesy to knock on the door before coming and snooping around someone's house.

Well i can't answer for your situation but my inspection has recently been done and the LA has already made me aware of the next date they would like to come round (August). If I need to change it I just need to call them.

sirhan_sirhan

Many thanks for all of the kind responses. I will address these first, then separately post an update.

http://www.all-about-the-home.co.uk/...very-601-p.asp

excellent suggestion Barney, I will almost certainly get one of these.

The legal case "Street v-Mountford" was the defining case for Landlord's right to enter when tenant refuses

Thanks lodger. Oddly enough this seems to define the difference between your namesakes (ie lodgers) and tenants. The exclusive possession info might well come in useful.

My advice would be to walk away and find LA's that have conditions you like

Thanks Geenie. Unfortuantely the house is unique (6 beds, 4 acres, pool etc, in a perfect location). There are no others on the market anything like this, unless you get into paying silly money. Agent chosen happens to be the closest to the house, but I do not know if this had any bearing on Landlord's choice.

The problem with that is, the Agent is quite likely just to turn up when they feel like it, because they think it's ok.

Quite right Andy. Agent has presented us with a schedule of dates for the next 12 months, and we don't have a problem with them. My wife should be available for all. However, by giving permission to let themselves in, they can do it when they want.

Thanks again for all of the advice.

sirhan_sirhan

Am still raging from a row that I had with the Agent late this afternoon.

Spoke to the partner in charge of lettings, and pointed out that we didn't want anyone having access to our home while we were not there. He responded "it isn't your home, you are only renting it!". I flipped at that; it was a good job that the conversation was over the 'phone, and that he wasn't standing in front of me.

At another point he asked "what do you do for a living? What gives you the right to dictate what can and can't go into my contracts?"

The contempt that he obviously had for renters was unbelievable. I can feel my blood boiling, just thinking about the conversation.

The way it was left was that he was going to contact the Landlord, advising them of my objections, and pointing out that it would prevent him from doing his job properly. I have separately been keeping the landlord advised of progress with the contract, and have twice made them aware of my issues with this clause.

Seriously thinking of pulling out now. House is spectacular, but am not sure that I want to have to deal with this patronising idiot for the next year or two.

Will let you know how it goes.

50plusabit

The Landlord/Agent has no absolute right to intrude into your property His only rights to enter during tenancy are:
a. when Tenant agrees
b. under s.11(6) of the Landlord and Tenant Act 1985 [24hrs. written notice asking for T for daytime access so L can inspect installations which he is responsible for repairing].

Certainly Landlord cannot just to show property to prospective purchasers or tenants. This is not only trespass (civil wrong) but also harassment (criminal offence).

• In a true emergency (boiler suspected not working is NOT an emergency).
• If the tenant permits access.
• If a court orders access.

franklee

At the end of the day we can all quote you case law, tenant's rights or whatever but unless the agent is going to take note then they will enter when they please leaving the tenant to pick up the pieces.

IMO no amount of acreage or pools compensate for the loss of peace of mind that dealing with a bad agent brings.

If you take this tenancy then you know full well that you will get a headache and conflict. Move on or request the landlord pick another agent on the off chance he'll listen.

In my experience the landlord chooses the agent on low cost to the landlord, the tenant on performance and low cost to the tenant, then some landlords wonder why their property is left empty or why they always seem to get the bad tenants who will sign any old rope as such tenants intend to ignore it all anyway.

clutton_2

i have a dire agent who is arrogant, ignorant and rude. I refused him a property inspection and suggested an alternative date - he refused, i offered another which he refused and he said "I'm coming and will let myself in whether you are in or not"

i wrote back that tenants do have a right to quiet enjoyment, and that i had negotiated an inspection visit by my landlord and his family (which i had) - i never heard another word from the agent. i think the fact that i am happy to allow the landlord in means that they know i am ok, and i am going to be a long term tenant.

you can challenge bullies - for that is what your (and my) agent is. Once you are in the property and you have been paying the rent properly - you will then hold all the cards. if you love the house dont let a twonker of an agent prevent your enjoyment.