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

erghblah

I'm only commenting as had a rented flat which needed ALOT of work. We went back to the LA's and they were being horrid (took them over a month to send through a copy of the inventory for us to sign) so composed a bullet-pointed letter and sent through a copy of it to both the LL and LA. The work was then done so I think it was successful.

I just thought in terms of letter writing, you should follow a similiar format, started by an introduction to the problem. Then outline the dates that contact was made between yourself and the LA's, including copies of e-mails and stating at each point in which contact you're referring to. End by explaining your proposed solution to the LL (as the LA's seem to be going over their head and deciding on what's going to happen...). The solution being that you're more than happy to provide a copy of the key in question and that the only reason you installed a second lock was due to a suggestion from PC's. You might then want to point out to the LL that although you've thoroughly liked living in said flat, you have been put through considerable stress and invasion of privacy, when all you have wanted is to renew the tenancy, as has been done in previous years. For the LA's, include a covering letter saying that you've sent a copy of your correspondence through to the LL.

Having rented a few different flats, I've found the worst people to deal with have been the LA's, who have little to no understanding of what their doing and who as soon as you've paid a deposit, have no intention of keeping your interest in mind. They work for themselves. I do not care for them... but regardless of that, unless your LL is in cahoots, they will not appreciate what the LA has been doing.

DVardysShadow

QuantumSuccess wrote: »

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.

Dear <Letting Agent>

Thank you for your letter of <date> referring to the additional lock fitted to <address>. Your response was rather over the top bearing in mind

• the lock in question was fitted after a recommendation from the police Crime Prevention team
• It is reasonable to expect adequate security on my home
• the lock was fitted at my expense and will be left assuming that the tenancy will not be terminated due to the provision of this lock
• I have already offered to provide a key to for this lock

Yours sincerely

QuantumSuccess

QuantumSuccess

Should I warn the LA that I am writing to the LL? What is to be gained by warning them/not warning them?

erghblah

It's just a HO, but it seemed to help a bit in my case as LL is paying the LA for a service and 'hopefully' by informing them that it's not just between you and them (due to you saying they're not in to reasoning) it would add some extra authority? I'm just guessing here, but I would think the LL would have to pay considerably more for the LA to readvertise and re-let then to just renew a contract? Please keep in mind I'm just speaking from personal experience as a renter!

propertyman

anselld wrote: »

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.

Apologies for contradicting you but that is incorrect. If the tenancy allows for viewings in the last month, then the landlord has a contractual right to it, as has the tenant to meet it. That is settled law.

However if the tenant refuses access, then the landlord can apply for a court order to gain access, and may claim damages for loss of rent as posted earlier. What the court decides will depend on the tenancy wording and the circumstances.

A wise tenant should ask for restrictions on the clause such as not after 7pm not on Sundays etc.

propertyman

DVardysShadow wrote: »

Dear <Letting Agent>

Thank you for your letter of <date> referring to the additional lock fitted to <address>. Your response was rather over the top bearing in mind

• the lock in question was fitted after a recommendation from the police Crime Prevention team
• It is reasonable to expect adequate security on my home
• the lock was fitted at my expense and will be left assuming that the tenancy will not be terminated due to the provision of this lock
• I have already offered to provide a key to for this lock

Yours sincerely

QuantumSuccess

Can I suggest you read the tenancy document and add ( if this is the case) that the tenancy document does not prevent the changing of locks, that the installation has been made good eg holes filled paint touched up, and that the locks meet the British Standard.

And finish with under the tenancy document you are required to give (normally 48 hours notice) please quote the section, and had you done so I would have let you have the key.

Here is the key. Send via special delivery its £5 odd and gets there the next day.

DVardysShadow

propertyman wrote: »

Apologies for contradicting you but that is incorrect. If the tenancy allows for viewings in the last month, then the landlord has a contractual right to it, as has the tenant to meet it. That is settled law.

However if the tenant refuses access, then the landlord can apply for a court order to gain access, and may claim damages for loss of rent as posted earlier. What the court decides will depend on the tenancy wording and the circumstances.

A wise tenant should ask for restrictions on the clause such as not after 7pm not on Sundays etc.

OK, Statute Law trumps Contract Law. The Landlord may apply for a court order for access. This, I would assume, is for repairs and emergencies. Do you have Case Law which trumps Statute Law for viewings?

[I doubt it]

propertyman

DVardysShadow wrote: »

OK, Statute Law trumps Contract Law. The Landlord may apply for a court order for access. This, I would assume, is for repairs and emergencies. Do you have Case Law which trumps Statute Law for viewings?

[I doubt it]

If you would like to pay my normally hourly rate - yes you can see it! Or you can search yourself.

On a point of clarification statute law is contract law.
Law as a body, comes from Statute the xxxx Act, and secondary legislation statutory instruments SI, and then case law, forming precedents, which cannot trump the Act or the SI.

I am only trying to help the poor bullied resident with some helpful advice, not get into an argument.....

QuantumSuccess

Thanks everyone. So we have about 10 weeks left in my lease. If the LA wants to conduct viewings I am going to refuse them. So they will need to go to court and attempt to get a court order. Presumably they won't get given a court order just like that, it may take some weeks, depending on how busy that particular court is. So by the time they've got and paid for the court order, presumably my tenancy will pretty much have ended anyway?

may_fair

QuantumSuccess wrote: »

Thanks everyone. So we have about 10 weeks left in my lease. If the LA wants to conduct viewings I am going to refuse them. So they will need to go to court and attempt to get a court order. Presumably they won't get given a court order just like that, it may take some weeks, depending on how busy that particular court is. So by the time they've got and paid for the court order, presumably my tenancy will pretty much have ended anyway?

Yes, that's a likely scenario should the LL apply for a court order.

However, take note of propertyman's earlier comments; if the tenancy contract provides for viewings in the final month (or two) then the LL may have a claim against you for losses incurred as a result of your breach of contract in refusing access. If you allow a two hour viewing window per week, you will have a defence against such a claim. It is always best to behave reasonably.