Can the agent give a builder the key without permission?

Lolly_T

Cutting a long story short, we have builders in our property doing maintenance. Yesterday they said they needed access to the inside but I wasn't prepared to leave them alone in the property while we were at work all day. I clearly told him I would take this afternoon off work ao that he could access the interior. I also told him that we go out to work at 8.30am.

This morning he didnt turn up so we left the property secure. I came home before 12.30 and stayed in all afternoon but he didn't turn up. I emailed the agent who eventually replied that he had come this morning and no one was in and there was no plan for him to be at the property this afternoon.

She added that he would come again tomorrow morning and if this wasn't convenient we should let them know when it is convenient and if we wouldn't be there 'we can supply him with a key'.

I do not want some random stranger in my home with all my personal belongings at any time. I don't think that is unreasonable. I have emailed back and told the agent that she is not to give him a key and either myself or my husband would want to be in the property when anyone wants access to it.

Can they hand over the key at any time without our permission? I feel sometimes that because we rent we are treated like second class citizens and am furious that I have wasted half a day today waiting in for someone who didn't turn up and who is extremely bad at communicating anything to us!

Fire_Fox

You have the right to quiet enjoyment, any visits (barring emergencies) you must be given at least twenty four hours written notice and you can refuse access. Note that the agent works on behalf of the landlord, so any failings on their part are his failings. Are you able to put a sign on your door saying that you do not grant permission for anyone to enter in your absence? I suspect they might play the "didn't read your e-mail until it was too late" card.

"The tenant has the right to quiet enjoyment of the property for the duration of the tenancy along with the legal right to live in property as if it was their own home. This means that they have the right to a peaceful existence without undue disturbance. Harassment is a criminal offence under the Protection from Eviction Act 1977 and may result in the landlord being fined, or even imprisoned in extreme cases. Harassment can take the form of:

• Entering the property without permission.
• Changing the locks without giving the tenant warning or new keys.
• Cutting off utilities such as gas water and electricity.
• Tampering with mail or possessions.
• Verbal or physical abuse or threats.
• Enter the tenant's home whilst the they are out."

http://www.themovechannel.com/guides...tenant_rights/

moromir

Just as a point of clarification - although you told the builder you would be home from 12.30, did he actually confirm he would attend the property after 12.30?

Theres a world of difference between "I will be home from 12.30" "ok" (acknowledgement of your whereabouts) and "I will be home from 12.30" "ok, I will come tomorrow after 12.30 and meet you" (setting up a firm appointment).

Not having a go by any means, just aware that its quite easy to misunderstand these situations if someone isn't totally clear about their intentions and infers an acknowledgement as an appointment etc.

Also - look at the spare key thing this way - the agent offering to supply the spare key is them trying to help you out, they can provide it if thats what you want, for your convenience if you had other things you needed to do, its not the LA trying to be underhanded, I think it might be a bit rash to be bullish with them at this point.

Lolly_T

Thanks for replying.

Moromir, the time thing was part of a longer conversation telling him what time we go to work and when he could get access to the interior of the property and saying I would take this afternoon off work for that purpose.

However I do take your point but am extremely frustrated and annoyed that a problem I reported before Christmas is still ongoing and there has been a lack of communication throughout with us having to chase both agent and builder constantly.

Fire_Fox

You shouldn't be chasing the letting agent and certainly not the builder as you are not his client. The repairing obligations are your landlords alone, have you ever reported the problems to him/ her in writing?

G_M

Can they hand over the key at any time without our permission?

'Hand over the key? Tricky. Probobly not.
Authorise access by the builders? Definately not!

I take moromir's point about the agents trying to facilitate here, but if you have any doubts, change the barrel of your lock. Keep the old barrel to replace when you leave.

And if the LL/agent then gives any grief about the changed lock, ask what on earth they were doing trying to get in without giving you notice and getting your permission?

loulou41

When I used to rent, if every there was any problem with the flat, the work men went and picked the keys from the EA and let themselves in & did whatever it needed doing. I did not like it but it saved the hassle of having to take time off work. Therefore did not complain about it.

G_M

loulou41 wrote: »

When I used to rent, if every there was any problem with the flat, the work men went and picked the keys from the EA and let themselves in & did whatever it needed doing. I did not like it but it saved the hassle of having to take time off work. Therefore did not complain about it.

Nothing wrong with that if it works for you.

However the OP has said "I do not want some random stranger in my home ...." which is a perfectly valid point of view.