Renting - workmen in our garden

Snibble

Hi,

We rent a ground floor flat and so far there have been 3 seperate occasions where window fitters for upstairs have come into our garden (gated and fenced, not shared) and moved around our plants etc to fit windows. We had not been given notice by the landlord (who owns both properties) or the lettings agent.

In addition to this the lettings agent brought people around for viewings early this week without giving us 24 hours notice (a letter was posted the day before the viewings, so therefore turned up on the day and i had not picked it up before the viewing took place. They had left an answerphone message the day before asking about a viewing 'today', meaning that day, not the day after. However the agent was adament he had said the right day on the phone, but listening back to it he clearly had said the previous day!).

When we moved in there was a case of the landlord in our garden without notice or permission.

I have complained to the agents about this many times, but obviously nothing is done as both them and the landlord seem quite lapse!!

What shall i do? I am contemplating getting my solicitor to contact them, would this just be a waste of my time though? I'm very annoyed about all these interruptions and this coupled with the constant noise from the flat above (footsteps, showers and toilets flushing, children crying etc) due to lack of insulation between floor/ceiling and a mould problem has made me move out.

McKneff

Put a lock on the gate.
If youre moving out then why bother?

Snibble

I've got a lock on the gate, but they have climbed over the fence (is only a short one). I know i'm moving out, but it's the principle of the matter. I know it will carry on for future tenants and I don't think it's right that landlords and lettings agents go about behaving in this way.

theartfullodger

Ask them to go - put up a sign to that effect - if it happens again call the Police re. trespassers...Write to landlord, copy agent, keeping a copy, stating you will tolerate no visitors without your prior written permission.

You are entitled to the "quiet enjoyment" of your property & can exclude anyone, including your landlord & his workmen.

Cheers!

Lodger (A Landlord)

tbs624

You don't have to agree to *any* viewings at all - or you can compromise. Tell the LA *in writing* that in future you will only permit viewings on a Tuesday between 6.30 and 8.30pm and on Sats 2-4pm or whatever suits you and the appts are to be confirmed in advance to you by the EA/LA.

Snibble

Really? I did not know that. For a viewing before i told the Lettings Agent that the time was not conveniant for me and they said that they would be coming anyway as they had given me 24 hours notice. Am i still in my rights to refuse viewings at certain times?

Fire_Fox

Have you complained in writing, quoting the legal bit about 'quiet enjoyment'? You do not have to allow viewings, notice or not.

Ignite

When are you moving out? If it is fairly soon, you could "annoy" the letting agent with a hallway and other walkways left with loads of packing boxes. That way you don't need to feel embarrassed about the place being messy as others have suggested where there is a similar situation to yours. Should they then complain about having to step over a load of boxes, you can then say "well what do you expect, I'm moving"

asharon

It depends on your contract. I lived somewhere where it stated the LL had access in the garden at any time. Else just contact the agent and say you would liek notice given.

Fire_Fox

asharon wrote: »

It depends on your contract. I lived somewhere where it stated the LL had access in the garden at any time. Else just contact the agent and say you would liek notice given.

According to others on this website, the right to quiet enjoyment can't be overruled by the wording of the contract. The garden is part of the property you are renting, so for the duration of the tenancy it is your home. As I understand it, other than in an emergency (or with your permission) nobody has the right to enter any part of the property on behalf of the landlord.

teeni

Fire_Fox wrote: »

According to others on this website, the right to quiet enjoyment can't be overruled by the wording of the contract. The garden is part of the property you are renting, so for the duration of the tenancy it is your home. As I understand it, other than in an emergency (or with your permission) nobody has the right to enter any part of the property on behalf of the landlord.

this is correct the contract can not overrule statute, tenants are entitled the quiet enjoyment of their home and should have at least 24 hours notice to confirm any visit is convenient and if it is not then the landlord (or agent )does not have the right to enter unless it is an emergency and that includes the garden.

with regard to the work to replace the windows you would be in breech of your tenancy agreement if you refuse to allow landlord to carry out essential maintainance, but you should have had at least 24 hours notice