MAJOR help needed... typical LA

PasturesNew

It'd be interesting to sit outside your door, with a video camera.... while they take that door off.

marliepanda

IF they don't turn up tomorrow, then maybe...

Honestly I feel like telling them to shove it until I've gone.

I am half hoping I have an email in the morning with times for next week, but if not, nail biting at 2pm it will be.

Must say the flat is looking FABULOUS for the viewing, books/cds/dvds EVERYWHERE in various piles for amazon or musicmagpie or friends or keep. Clothes everywhere as my mum has taken a lot of my storage back home already.

HUGE BOXES blocking the main window in the small bedroom, kitchen is full of papers/cleaning products/sun cream and whatever else I don't have boxes for yet. Huge pile of flat packed boxes, shoes everywhere cos I sold my shoe rack.

That PLUS a threatening EA, the buyer is gonna wanna buy this place in a heartbeat....

Blackpool_Saver

marliepanda wrote: »

IF they don't turn up tomorrow, then maybe...

Honestly I feel like telling them to shove it until I've gone.

I am half hoping I have an email in the morning with times for next week, but if not, nail biting at 2pm it will be.

Must say the flat is looking FABULOUS for the viewing, books/cds/dvds EVERYWHERE in various piles for amazon or musicmagpie or friends or keep. Clothes everywhere as my mum has taken a lot of my storage back home already.

HUGE BOXES blocking the main window in the small bedroom, kitchen is full of papers/cleaning products/sun cream and whatever else I don't have boxes for yet. Huge pile of flat packed boxes, shoes everywhere cos I sold my shoe rack.

That PLUS a threatening EA, the buyer is gonna wanna buy this place in a heartbeat....

Paint out the windows white too.........:rotfl:

They won't do it, please try not to worry. I hope you are in bed snoring but somehow I doubt you will be

marliepanda

Blackpool_Saver wrote: »

Paint out the windows white too.........:rotfl:

They won't do it, please try not to worry. I hope you are in bed snoring but somehow I doubt you will be

I am off the weekend so I am going to just stay up after work. Theres no chance I can sleep if thats a possibility. My friends is coming round at 1.30 just in case...

Blackpool_Saver

marliepanda wrote: »

I am off the weekend so I am going to just stay up after work. Theres no chance I can sleep if thats a possibility. My friends is coming round at 1.30 just in case...

glad you won't be on your own...

Ben_Reeve_Lewis_2

Marilepanda I’m a Tenancy Relations Officer for a local council in London and I get about 3 complaints about this kind of thing every single day. The job of a TRO is to get involved in cases of harassment and illegal eviction and prosecute landlords and agents for breaches. Its ok to report these matters to the police but when it comes to it they always say these matters are civil and between the landlord and tenant. It is not unusual for police to help landlords illegaly evict because they don’t understand the law.
Harassment is a criminal offence under Section 1 (3) a; of the Protection from Eviction Act 1977 but it is the council that prosecutes under this legislation, not the police.
At the same time it is also a civil offence known as “Breach of Covenant for Quiet Enjoyment”.
Your tenancy agreement may have a term in it that says the tenant should allow viewings but there are 2 problems with this:-
1. If enforced the clause puts the landlord or agent in a position where they are breaching the tenant’s right to quiet enjoyment.
2. It is an unfair term under the OFT Guidelines as it creates an imbalance in the rights of the parties to the agreement.
Contact your local council and ask for the TRO or the person who performs the TRO function, it may be a housing advice worker or someone in legal. They can even go to the property or the agents office and warn them off and take action on your behalf for free if the agents insist on this ludicrous course of action.
You did right in contacting ARLA and you are in a stronger position than you seem to think. Under the law of Property Act 1925 tenants are, for the period they are the tenant, to all intents and purposes the owners of that property and as such can exclude anyone they like, including the landlord who would be trespassing if they enter the property without your permission.

tbs624

Marlie - please follow Ben RL's guidance above.

Contact your local council and ask for the TRO or the person who performs the TRO function, it may be a housing advice worker or someone in legal. They can even go to the property or the agents office and warn them off and take action on your behalf for free if the agents insist on this ludicrous course of action

It is absolutely right that you have forewarned the police of the LA/LLs intentions but, unfortunately, the police officers who attend may have a poor working knowledge of LL& T law.

ATRO ( the assoc of tenancy relations officers) & their members offers specific training for police forces in some areas of the country, which helps to fill in the gaps in their knowledge.

However, Ts should always, in the first instance, seek their local TROs support on this type of LA/LL behaviour rather than just relying on the police to get it right. You may find it useful to read here on ATRO's training.
(note that the acronym ATRO has other meanings to police officers)

Council TROs are always busy so persist until you do get through to him/her.

Once this is all over Marlie you want to consider slapping up a review of this muppet LA over at www.allagents.co.uk

Joyful

Agents like this should be named and shamed. They obviously do not understand the rules.

marliepanda

Well this is this mornings email, so am calling the TRO

We have gone through the correct procedures to request access and you have denied us this. I now wonder what is happening within the flat and why you should keep denying us access.

I will be at the apartment at 2pm today as stated with a prospective purchaser. I you wish to call the police or indeed your lawyer and have them attend then that is you prerogative.

If you will not allow me entry voluntarily then the door will be opened by an approved locksmith and I shall access the property and report my findings to the landlord.

Yours sincerely

Lavendyr

Have been following this thread marliepanda with interest, and absolutely horrified at the behaviour of your letting agents.

They have no right to do this - you have the common law right to quiet enjoyment of the property - and they cannot effectively break in to access the property! I feel for you, what a horrible situation to be in.