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

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  • anselld
    anselld Posts: 8,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The Landlord and Tenant Act 1985 has an implied right of access on notice for repairs, which is well settled law.

    ... which can be accommodated by the T giving access in person at a mutually agreeable time - if that is what the T wants to do. No requirement to give a key is implied.
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    I needed to call a plumber I didn't even bother to call the letting agents as I felt unable to cope with their disgusting attitude. Instead I footed the entire, substantial, plumbers' bill myself.


    Don't ever do this.

    Put your complaints and issues in writing to them.
  • propertyman
    propertyman Posts: 2,922 Forumite
    anselld wrote: »
    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).

    Ah but the tenancy document must allow the landlord or their agent to enter and conduct viewings before the end of the tenancy. Depending on the wording, the tenant having changed the lock, might be in breach of the tenancy by frustrating the landlord's right. That could mean damages of lost rent waiting for vacant possession to start letting.

    (Apologies if the viewing issue was dealt with earlier)
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • anselld
    anselld Posts: 8,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 15 May 2011 at 11:58AM
    Ah but the tenancy document must allow the landlord or their agent to enter and conduct viewings before the end of the tenancy. Depending on the wording, the tenant having changed the lock, might be in breach of the tenancy by frustrating the landlord's right. That could mean damages of lost rent waiting for vacant possession to start letting.

    (Apologies if the viewing issue was dealt with earlier)

    The LL doesn't have that right under law whatever is written in the agreement. The T has the right to quiet enjoyment to the end of the tenancy and is not obliged to accept any viewings.

    LL might give a poor reference under such circumstance, but claim for damages certainly wouldn't stand up.
  • anselld
    anselld Posts: 8,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I know I would worry if I had a nightmare T and no access, but thats what happens.

    Don't ever watch "Pacific Heights" then.:eek:
  • chewmylegoff
    chewmylegoff Posts: 11,466 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 15 May 2011 at 1:47PM
    GDB2222 wrote: »
    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.

    +1

    The LA is clearly a pack of morons, sending them an "I know my rights" letter is likely to just escalate the situation and encourage the LA to serve notice. In the circs I would write to them, copying in LL saying "I refer to my email of x in which I informed you of the new lock and offered to give you a key" and then give them a key. Hand deliver it.

    If you don't want them to have a key, give them a random key that doesnt fit the lock. You can always correct your "mistake" later.
  • dorset_nurse
    dorset_nurse Posts: 236 Forumite
    Ninth Anniversary Combo Breaker
    anselld wrote: »
    Don't ever watch "Pacific Heights" then.:eek:

    Thanks, I won't! :p
  • I'm going through personal difficulties that will make it very challenging for me to deal with moving. However, it seems the LA are intent on taking the p***.

    Also, doesn't it cost a fair bit of money to serve notice and take a tenant to court. Couple that with the fact that if I move out the flat is likely (in this area and in this economic climate) to stand empty and without a tenant for weeks or even months. Seems a very odd move on the part of a landlord who is presumably just trying to make money.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    At the moment I would suggest that the landlord has taken no part in this yet. It's just the agent getting too big for their boots and trying to put the frighteners on you. I wouldn't be tempted to rise to the bait.

    Have you composed your letter yet?
  • BitterAndTwisted - just sitting down to the write the letter now. How do you suggest I word it? I just want it to be to the point and factual. I don't want to get too worked up in it.
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