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Letting agent allowing workers access to our property with no prior warning!! Help!

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  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Here is the situation:

    - You have a right to quiet enjoyment, which means a right to prevent all unauthorised access, even if the landlord gives you notice. The only exception to this is in an emergency (gas leak, flood etc.).

    - The landlord is supposed to give you 24hrs notice and have permission to enter. However, it is usual for an AST to have a phrase that implies standing permission with 24hrs notice meaning that you would have to actively object to prevent entry.

    - If there is an unauthorised entry however, there is no penalty unless you actually suffer a quantifiable loss and choose to sue for it. There is no offence of trespass, and it can only become harrassment if repeated and intimidating.

    - So practically speaking, the only option you have to enforce your right is to change the lock. It is much easier to change the lock barrel normally, which involves no structural work and is much cheaper.

    - Some landlords get upset by this and it is within their rights to terminate the tenancy at the end of the fixed term on any grounds, so there is that risk. However, many tenants do it as a matter of course on entry to a property as they never know how many previous tenants and workmen have copies of the keys.

    - Good sensible practice would normally be to forgive the first instance of unauthorised entry if it doesn't cause any problems, but to write a strong letter to landlord and agent to complain. On further breaches, it is quite reasonable to change the locks.

    - In your circumstance, you have complained, but you did not do so in writing. It's up to you whether you consider this a fair enough warning. Personally, I would give them one more chance, this time writing with a copy to the agent AND to the landlord who is likely to care more about what is happening and has probably never been notified. But if you found this really threatening and it is having an ongoing effect on you I would just get on with it.

    - If you change the lock barrel, you will have to change it back at the end of the tenancy.
  • roses
    roses Posts: 2,333 Forumite
    Part of the Furniture Combo Breaker
    Send them a letter by recorded delivery to show you are serious, don't use the phone anymore.
  • marking_bad
    marking_bad Posts: 512 Forumite
    This is shocking, how can this even be legal?
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    It isn't legal but an awful lot of letting agents are either innocent and don't know the law or are willfully ignoring it.

    This is why dealing with an issue like this needs to be dealt with in writing and in a reasonable manner in the first instance. Going in all guns blazing straight off the bat can often just result in a notice to quit at the end of the agreement
  • marking_bad
    marking_bad Posts: 512 Forumite
    If I caught someone in my house (sorry, home, LL's house, but my home), I'd call the police first, I don't care if they said they were from the agency... they could, y'know... be LYING!

    You don't enter my home without my permission.
  • jimbms
    jimbms Posts: 1,100 Forumite
    If you have the bottle, next time walk in on them wearing wellies black underwear and goth make up whilst carrying an axe with some ketchup on the end and calmly ask "Is there anything I can help you gents with" and see how fast they run.
    Approach her; adore her. Behold her; worship her. Caress her; indulge her. Kiss her; pleasure her. Kneel to her; lavish her. Assert to her; let her guide you. Obey her as you know how; Surrender is so wonderful! For Caroline my Goddess.
  • Mankysteve
    Mankysteve Posts: 4,257 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    First off change the lock. Even if says in your contract your not allowed any court will see this as an Unfair Term.

    Seconded write recorded delivery to the agents that next time they want to have work done on the house they must write to you first advise them to do it recorded too then you'll confirm with them.

    Otherwise the police will be called straight away and you wont allow any-work men into
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