Landlord entering without permission

wibbler

We are moving from our rented house, let by a large letting agent. We are in the middle of our two month notice period, and every day they want to show people round the house. We try to accommodate where we can, but sometimes have to say no.

Today, we were called by the agent, and were asked about a viewing at 5.15pm this evening. (They claimed they had left an answerphone message yesterday asking the same thing, but I have not received this if they did). I said no, as the house was probably in a bit of a state and I'd prefer to be there for the viewing.

Tonight, I got back and found that they had done the viewing anyway. I phoned them, and the agent went quiet and then, after a few seconds pause, claimed that they couldn't contact the person conducting the viewing, and therefore couldn't cancel it. In the middle of the call, I could here someone clearly in the background saying "I told you", as if they were aware of the potential implications of this.

My questions:
- Am I right in thinking that they cannot enter the property when we haven't agreed to it? (here is a screenshot of this part of our contract: http://i.imgur.com/QMVP6dT.jpg )
- If they do so, is the contract breached, and therefore null and void?
- Do we have any recourse for this breach by the landlord?

DreamerV

I cannot believe they've done that! If my letting agent did that to my tenants I'd sack them and be telling nobody else to use them. I'd also likely send a personal apology. And not being able to get in contact with their own employee on work time....sounds rather suspicious. I'd be denying future viewings although I would feel a bit bad for the landlord then. I'd be writing to someone quite high up in the company too.

princeofpounds

They are not meant to enter if you have not given permission. Unless it's an emergency (fire, flood).

However, if they do, there is no penalty unless they cause loss or damage. Or the conduct is so repeated and threatening it amounts to criminal harassment.

So the easiest thing to do is swap the lock barrels temporarily until you leave. This is easy with most locks and not expensive.

Either that or leave a note inside saying that you had not agreed to inspections and if prospective tenants are reading it they can make their own conclusion ;-)

Sparx

Just decline all future viewings until you are out of there, you have a right to quiet enjoyment.

ValHaller

wibbler wrote: »

- If they do so, is the contract breached, and therefore null and void?
- Do we have any recourse for this breach by the landlord?

Groan. Why do people have this idea? If a contract is breached, it is not null and void, but you are entitled to redress.

But revenge is better.

Change the locks - but put them back before you leave. That stops unannounced visits.

Allow viewings by appointment as though nothing has happened. Collar the viewer and tell them that there is a clause in the tenancy agreement which allows viewings at mutually agreed times, but the letting agent does not respect that and will enter without permission.

Depth_Charge

Hi

Confirmation in these booklet links - section 4 in the left side index (4.3 onwards)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11892/138286.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11603/138289.pdf

Smi1er

Change the locks now (and replace them back on moving out day).

Write a letter to the letting agent, CC'ing the landlord, informing them that as they illegally entered the property that you will now no longer permit any viewings until you move out.

paddedjohn

Smi1er wrote: »

Change the locks now (and replace them back on moving out day).

Write a letter to the letting agent, CC'ing the landlord, informing them that as they illegally entered the property that you will now no longer permit any viewings until you move out.

This is what i would do.

wibbler

Thanks for all your emails - we thinki we'll restrict them from doing viewings until we move out.

We'd love to get them to pay for the professional cleaning too, but I imagine that will fall on deaf ears.

Any further advice greatly appreciated!

BitterAndTwisted

Yes, change the BARREL of the lock, not the whole thing. A new Yale barrel will cost you less than a tenner and will take about five minutes to do with a screwdriver. Keep the old barrel safe and swap back on teh day you leave.

WRITE to the agent and the landlord by first class post telling them you do not want any more viewings under any circumstances whatsoever while your tenancy continues, and mention why you are now withdrawing your permission. Let them try and gain access and embarrass themselves in front of their prospective new tenants.

wibbler

Hi all,

They're written back to us, stating that they saw a cat in the house once (it was there for 1 day due to my partner's mother being taken ill) and effectively saying that we've both breached so they cancel each other out.

They also state that we cannot refuse viewings. Is this true?