URGENT advice needed. Letting agent threatening to change locks on my door

tbs624

OP - *anyone* can set themselves up in business as an LA. No training, no training, no specific expertise and in many cases, no common courtesy.

LA has over-reacted, especially as you say that you had already notified them of the new lock and offered to provide a key.: talk direct to the LL.

The local Council should have a private sector tenancy relations officer (TRO) who can help if they persist with their threat of changing the locks.

Ref your comments about not reporting a plumbing repairs issue, and footing the bill yourself - the LL has a statutory obligation to maintain drains, sanitary appliances etc although if you as the T have caused the problem, by flushing unsuitable items down the lav for example, then you may be required to contribute to any resultant costs. You can't really complain about them not doing anything about the issue if you didn't report it to them, in writing.

As the end of your Fixed Term is approaching you may wish to consider moving on elsewhere. Note however that even if they serve a valid S21 notice to coiincide with the expiry date of your Fixed Term, you do not have to vacate until, and unless, a court order requires you to.

dorset_nurse

jjlandlord wrote: »

They might be thinking that, but even if any of these situations having a key or not is of no use.

This is obvious to sensible people, but the LL/EA is obviously not very experienced or stupid and not aware of the law or how to conduct business professionally.
They have no right to access to the OPs accommodation (other than shared hallways etc) so they do not need a key.

http://www.landlordlawblog.co.uk/2010/07/13/locks-and-keys-%E2%80%93-what-are-tenants-rights/

propertyman

dorset_nurse wrote: »

This is obvious to sensible people, but the LL/EA is obviously not very experienced or stupid and not aware of the law or how to conduct business professionally.
They have no right to access to the OPs accommodation (other than shared hallways etc) so they do not need a key.

Well that's not correct and its not what the article says. The Landlord and Tenant Act 1985 has an implied right of access on notice for repairs, which is well settled law. Under the tenancy a landlord should have a contractual right to access, for emergencies and on notice is certain circumstances and and on notice. If the boiler needs servicing.checking do you want to take a morning off? As long as the landlord gives reasonable notice and you have chance to put valuables away ( and stuff the dirty laundry under the seat cushions!) it works.

The tenant has a right to refuse, and in normal circumstances this is rarely the case. The landlord can then gain access after a court order and if they insist on it or or access without one, this is a breach of quiet enjoyment.

DVardysShadow

lynzpower wrote: »

Do you have a copy of the email you sent to the letting agent with a copy of the key? I personally would print this out, with a covering letter to both the letting agent and the landlord with a copy of the key. I dont see why they were het up over it?

Out of interest what were they doing so close to the property to see this? Were they trying to come in without your consent?

:eek::eek::eek: I would suggest NOT posting a key - certainly not with a letter which will bear the address of the property it is for.

dorset_nurse

propertyman wrote: »

Well that's not correct and its not what the article says. The Landlord and Tenant Act 1985 has an implied right of access on notice for repairs, which is well settled law. Under the tenancy a landlord should have a contractual right to access, for emergencies and on notice is certain circumstances and and on notice. If the boiler needs servicing.checking do you want to take a morning off? As long as the landlord gives reasonable notice and you have chance to put valuables away ( and stuff the dirty laundry under the seat cushions!) it works.

The tenant has a right to refuse, and in normal circumstances this is rarely the case. The landlord can then gain access after a court order and if they insist on it or or access without one, this is a breach of quiet enjoyment.

Therefore the tennant does not have to give the LL a key- until the tennancy ends.
Unfortunately its the LLs problem if there is an emergency, not the tennants. The LL should make sure the property is maintained and they have back up plans eg water stopcock and fuse box easily accessible.
The LL has to give notice if they wish to have access, and if the tennant doesn't mind the LL having a key this isn't a problem -most tennants probably assume the LL will have a key.
For some of us taking a morning off is not a problem, or there is someone that could let the LL in. If it was a problem I'm sure the LL would arrange a time suitable to the T, or the T may agree to give the LL a key.

My point is the OP does not have to give the LL a key, but he would have to return the lock to its usual state afterwards.

I know I would worry if I had a nightmare T and no access, but thats what happens.

propertyman

Well you see it is the tenants problem if they are wading around in dirty water from blocked drains or have no hot water. And we all know how many repair men come and say " No luv it needs a part" and it becomes two or three mornings off?

One practical compromise is that used by landlords abroad for villa lettings and social housing landlords here is a small and very robust box ( about £20) with a combination lock so you can leave a key ( preferably a registered type) out for the day. I could not get into one with a sledgehammer, which convinced me that they were safe enough.

dorset_nurse

If the tennant hasn't given the LL access- ether let them in or given them access then the T can hardly blame the LL if they are wading in dirty water.
That situation would bother both parties, and probably all the T's below...

GDB2222

It does seem to me that there is such bad advice being given here. The OP has been in this flat for 3 years and evidently does not want to have to move on in August when the present lease expires. So, she just needs to sort this out amicably. And, it sounds as though she is happy to do so by giving the LAs a key to the new lock. All the posts winding the OP up are just silly in the circumstances.

anselld

It seems to me it is the LA who have wound up the OP, not us!
I would agree it is practical and sensible to let the LA have a key *if* they trust the LA not to abuse that privilege.
However, that is up to the T to decide. Previous posts were simply advising the T of the legal position, I am sure the OP is grown up enough to decide if they want to compromise or stand up to an unscrupulous LA (even if that means moving in due course).

jjlandlord

GDB2222 wrote: »

So, she just needs to sort this out amicably. And, it sounds as though she is happy to do so by giving the LAs a key to the new lock.

Yes. But that doesn't mean that OP should not send a stern letter to the agent making clear what's what. Bullying stops when you make it.