Is This Legal? UPDATE on page 3.

*qwerty*

Can someone please advise as to wether we have any legal rights to deny our lettings agents access to our home if we are not in?

Since we were made aware of needing an inspection last month (no app. was discussed as my partner was recovering from an op so we asked to do it in the future which they were ok about) we have had no more contact until last week when one of the EAs popped a business card through our door with "I HAVE TO THE INSPECTION (think the word do was missing there) SOON- PLEASE CALL TO BOOK OR WILL HAVE TO LET MYSELF IN"

I was so annoyed that I stewed on it for a few days as I clearly saw it as a threat as I didn't think they could allow themselves access without permission. So when I calmed down I sent them an email (they prefer contact to be made this way) saying that I was not happy with the threat of them allowing themselves in when all they had to do was contact me over the phone or send me an email with a date/time they would like to attend and furthermore that I would not be allowing them to let themselves in to which I received back

"most management companies insist this is done in normal working hours
& if you can not attend they will advise and access, this is perfectly
legal.

They go on to say that they also pride themselves in offering "out of hours" appointments which is great but normal office times would also be fine if they had actually told me of a time and date they would like to attend instead of turning up and trying to catch me in!
Just to add that I have also on occasion seen the same EA in question looking through my windows (I presume trying to gain access to the main door to get to another apartment- sometimes the intercoms fail if the back door has been left open- I live on the ground floor btw)

To which her reply was

"she has
probably glanced through the window & the reason she left her card was for
you to contact her to arrange this, whilst factually stating what she will
have to resort to should an appointment is not be made. This is not
harassment it is someone trying to complete their job.

Again is this legal :eek: I'm not aware of her looking through my windows on the occasion she left her card as I wasn't in but I remember last summer when I had just got out the shower and was in the process of getting dried in my room when I saw a shadow cast over the doorway to which I poked my head round and saw her looking through the living room window! A neighbour who was also with them told me that he had too found her looking in when we weren't there and then went on to say that he was pleased he was leaving them as he found them very unprofessional.

Sorry I think its coming across as a rant now but my main questions are-

Is it legal for them to gain access to our home if we have said no?

And, and do they have any rights to look through our windows?

Any help will be greatly appreciated and I would just like to add that we are not problem tenants at all! Always pay rent on time etc. so this inspection is not a problem I just don't see why they've not tried to communicate a bit more professionally! I really wanted to have a good relationship with them but the above make it seem impossible

princessamy86

Have a search on this, there's loads of threads, but basically-NO IT IS NOT LEGAL! You can't really stop people looking through your windows as far as I know, however you are entitled to at least 24 hours notice in writing if they wish to do an inspection. You do not have to give them access, you are entitled to quiet enjoyment and they should NOT just let themselves into your home.

pimento

So you ignored their first contact, then the second contact. No wonder they're keen to get inside to see what you're up to.

princessamy86

pimento wrote: »

So you ignored their first contact, then the second contact. No wonder they're keen to get inside to see what you're up to.

Errr....no. Read the OP properly, they had agreed to an inspection at some point, but were not informed properly. Your post is incredibly unhelpful, and demonstrates your total lack of understanding of the process a letting agent/landlord must adhere to when requesting access for a property.

*qwerty*

pimento wrote: »

So you ignored their first contact, then the second contact. No wonder they're keen to get inside to see what you're up to.

Sorry but where does it say that?

I was made aware of the inspection last month but NO appointment was cancelled due to NO appointment being made.

The next I heard of it, I had a business card with the words "I HAVE TO THE INSPECTION SOON- PLEASE CALL TO BOOK OR WILL HAVE TO LET MYSELF IN" in block capitals squeezed onto the card. As I said, yes I left it for a FEW days- Again there wasn't any mention of a timeframe to contact them by. So when I calmed down at the threat of my home being entered without permission, I emailed them to ask politely that I be there for inspections and I was not allowing them to let themselves in and that is when I received the reply about it being legal that they can indeed enter.

NO app. has EVER been made!

We have got nothing to hide but again I stress that NO app. has ever been made! And I would also like to add that we have a VERY good relationship with our LL who has been here before and has regular workmen coming in without appointments to rectify an ongoing damp & mould problem caused by some radon tray things and blocked vents so I do not have ANYTHING to hide- I would just rather not have someone think they can let themselves in and look through my windows to the point that I now (once again) feel that I have to have the blinds drawn. In fact we have put up with quite a lot and never kicked up a fuss!

Thank you princessamy86 xx

pimento

I bow to your greater knowledge on all things rental Amy. I've never rented in my life (and reading some of the stories on here I hope I never do). It just seems that the OP is going out of his/her way to make life difficult for him/herself when they could just take the path of least resistance and let the agent in to have a looksee.

*qwerty*

Does email contact even constitute written notice if thats how they propose a time/date?

princessamy86

I don't think OP is being difficult at all! It's perfectly reasonable (and legal!) to want notice given before an inspection and for agents not to just let themselves in.

pimento

*qwerty* wrote: »

Does email contact even constitute written notice if thats how they propose a time/date?

Not if it's in block capitals.

*qwerty*

pimento wrote: »

I bow to your greater knowledge on all things rental Amy. I've never rented in my life (and reading some of the stories on here I hope I never do). It just seems that the OP is going out of his/her way to make life difficult for him/herself when they could just take the path of least resistance and let the agent in to have a looksee.

You are missing the point- There have never been any appointments. I am not being awkward by not allowing them access- This has only come about since last week with the threat of them letting themselves in to MY home which I pay rent for the privilege of it being just that! I wanted to arrange an appointment and to say that I don't want them entering the property whilst I am not here.

In fact from what I am reading, it seems that if I really wanted to be awkward then I would never have to let them in and if I do then I can charge them for the privilege- Although I'm not sure on either legality hence why I am here


And for your sake I hope that you never have to rent and experience someone who is supposedly professional giving you wrong information which could mean that they turn up with keys whenever they like!

princessamy86

I think email contact for written notice is a grey area, but I would probably take that as acceptable written notice if I was renting. OP, send an email or ring them and give them some times you would be free. Get them to confirm either by email or letter and then if I was you, I would change the lock barrel (saving the old one to replace when you move out), so they can't just let themselves in.