How can I stop the LA continually seeking access?

westlondonbuyer

[FONT=&quot]For the past 18 months (eg 3 lease renewals), we have been renting a lovely house, entirely managed by a letting agent as the owner lives abroad.

The LA is the head of lettings at his branch of a very well-known London EA chain, but neither professional nor competent. He is extremely slow to respond to our phone calls and emails when things go wrong (which they do frequently, as it was previously the LL’s own home, so is a triumph of style over substance and hasn’t been designed for minimal maintenance). When the LA does finally arrange contractors, they rarely turn up when they've been booked to do so. He never *asks* us when it's convenient to arrange appointments with us, but *tells* us a time, and we're just expected to make ourselves available.

Quite apart from the usual reasons for attendance (repairs, inspections, inventory updates) he has also twice made arrangements for internal decoration to be carried out whilst we're living in the house - not essential maintenance, not emergency repairs, and definitely not requested by us, but all extremely disruptive to us.

Of course this is all annoying and inconvenient, but so far we haven't got stroppy because - I'm sorry to say - we can't really be bothered. We're easy-going people and like living here, so we’ve been content to take the rough with the smooth.

This morning, an email arrived informing us of yet more redecoration work (again not requested by us) to be carried out tomorrow morning. Again, no permission sought.

I sent a perfectly polite email back saying we can't be available at such short notice, but suggesting alternative times when we could; and asking if, in future, we could be asked for convenient times beforehand, rather than merely told contractors are booked. [/FONT][FONT=&quot][/FONT]
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[FONT=&quot]He replies the terms of our tenancy "entitle [him] to visit the property by giving 24 hours’ notice; it is not practical or possible to liaise and ask tenants' permission before booking a contractor."

Having previously been a landlord myself for many years, I know his knowledge of the law is risible, and I resent this arrogant (and moronic) response. More importantly, I’m absolutely sick to death of his (or possibly the LL’s ?) attempts to access the property to carry out non-essential work.[/FONT][FONT=&quot][/FONT]
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[FONT=&quot]I now want to put a stop to all access except for inspections and (mutually agreed) essential maintenance, and I don’t think I’m unreasonable in requesting a little more courtesy going forwards in terms of notice, workmen attending when actually booked to do so, and so on.[/FONT][FONT=&quot][/FONT]

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[FONT=&quot]How best to handle this, given that my desired outcome is to ensure better, (not worse!) treatment from the LA? We have four months of our current tenancy agreement left, and may well sign up for another, but are seriously re-considering doing so because we're so fed up with this chump.
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BitterAndTwisted

I dunno, how about a firm but polite response? He knows he has to give 24 hours written notice but doesn't seem to understand that you are not compelled to give your agreement and no-one can enter without your express permission. Tell him that you were a landlord yourself and wouldn't have considered treating your own tenants as if you had a right of entry any time it suited.

It's a tough choice isn't it, if you don't want to risk being in receipt of a S21 at the end of your fixed-term?

CloudCuckooLand

Change the locks.

westlondonbuyer

Just reading this back, and having been a landlord myself, my usual response if someone else were posting would be "contact your landlord and let them know".

Except of course we don't know our LL, and presuming the annoying re-decoration instructions are hers and she prefers to be very hands-off in managing the property, I doubt she'd be inclined to be helpful.

RAS

he is in the wrong.

The terms of the tenancy agreement may say that but the law overrides anything he writes in them.

I am fairly certain that inspections other than at the end of a tenancy are not alowed either.

Off for info - AL, posted what is needed eartlier.

westlondonbuyer

Well this is an embarrassing admission for an ex-LL, but changing the barrel of the lock was the first thing I did upon moving in

Yes, the crux of it is that we don't want to move out until it suits us to do so. Otherwise I would enjoy giving the LA a piece of my mind, believe me

RAS

Artful's pointers

1.

Administration of Justice Act 1970
, s40, ref harassment of debtors
(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

2.

“Protection from Eviction Act 1977”
Section 1

• Unlawful eviction and harassment
• s.1(3A) (as was amended by the Housing Act 1988) which states:
  "the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household."

DVardysShadow

westlondonbuyer wrote: »

... [FONT=&quot]He replies the terms of our tenancy "entitle [him] to visit the property by giving 24 hours’ notice; it is not practical or possible to liaise and ask tenants' permission before booking a contractor."[/FONT]

The short answer is that this is your home and it is entirely his choice not to consult before booking contractors, but the consequences are that the contractors will be ejected and you will be pursuing him for harassment.

You rightly describe him as a chump and I doubt you will get satisfaction unless you are quite forceful with him.

BitterAndTwisted

Well, I doubt that westlondonbuyer is a debtor!

Creamlampshade

Just posted this elsewhere on the forum, but think it could help!Your EA will not change because he doesn't care. Follow the tips above and do tell him you were a LL and that you are well aware of Housing Law.
Respond to the estate agent by phone today to say this is not acceptable and that continual work that you don't want and the property doesn't need (as this is not emergency measures - is it?) is interrupting your right to quiet enjoyment of the property. It sounds like your LL could be looking to carry out work while you are living in the property so as avoid a period where no one is living in the rented property or he is looking to make it better for when he moves back. This is called betterment and is not acceptable.

Write a letter to the estate agency (write, copy in email/follow up by telephone & tell them you will be sending a letter) stating that you are amenable to inspections when advance notice is given to you at least 7 days before and it is a convenient time and that you will confirm that it is convenient IN WRITING at least 24 hours in advance. Tell them that you don't have any worries about an inspection but you want to be there. Then keep a copy. Send a copy to your LL as well as he may not be aware that EA/LA is acting this way. If you don't have the LLs address (not the EA as sometime they will try to fob you off with this), then write asking the EA for the LLs address.

Write as well to both parties to describe the damp problem (IN WRITING again) and any other issues as well. Have a look at some of the tips about damp on this forum. There are many.

If you feel your LA is inspecting your place too often, tell them you want it limited to every 6 months. I wouldn't play the quiet enjoyment card until you have to - it might get their backs up. If you do have to tell them about quiet enjoyment, be sure you change the locks so that they don't just think of coming in as and when. Keep the old lock barrels to replace them when you leave.

BTW, your deposit is in a scheme right? (if it is an AST after April 2007 and you are in England/Wales). And as your LL lives outside the country you are holding 22% of the rent back and forwarding it directly to the HMRC Inland Revenue, right?

And if the agency continues to bother you about the charge for their 'missed appointment', tell them you'll be sending them a bill of your rates for your time as you'll have to take time (unpaid) off work. That might get the point home. They are paid by the LL regardless.

westlondonbuyer

Ironically (because I was a good LL, I like to think!) I've a very good working knowledge of the law here. It's more a question of diplomacy, IYSWIM

If my LA had behaved this way with quality tenants I'd be livid.