Landlord entering without permission

ceh209

And how did they see that cat? When they entered without your permission, hmmm? :rotfl:

wibbler

Yes! Although I can hardly deny it now they've seen it, however small the timeframe of the cat's occupancy was.

martinsurrey

wibbler wrote: »

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

No term in a contract can override your statutory rights. In this case you have a statutory right to peaceful enjoyment.

As such they have no right to enter the property without your permission, and any forced entry (even with a key) can be deemed as harassment.

Tell them that you will only respond to written requests (NOT a phone call or email) and that without a written reply from you to confirm that the arrangement is okay they are to assume that their request for entry is NOT approved.

Put that the reason for this situation is due to the conduct of agents on prior viewings.

Don’t email this, write it in a letter, and get it posted, with the free proof of postage, also send it directly to the landlord.

martinsurrey

Ask them when they saw a cat (dont deny it was there), and to provide the proof that they had authority to be in the house at the time, as you treating it as a case of trespass and are considering you next legal move.

Should make them sweat a bit.

aileth

I'd love to see the Agent's face when they turn up at your house to try and show people round without consent, only to find out their keys don't work... Blushes galore! I'd get CCTV just for the giggles!

wibbler

martinsurrey - I like the idea of just allowing written requests! However, here is a picture of the relevant bit of our contract - says we should get notice of a viewing "in writing", which sadly I guess includes email. Here it is: http://i.imgur.com/B7n2LnY.jpg

EDIT: Although on the flip side, they never gave us written notice of the unauthorised viewing. Two breaches on their part.

RAS

DOES NOT matter what is in the contract says.

Statute law trumps contract law in all cases and statute law says that you are entitled to quiet enjoyment. Which means no unauthorised visits unless it is a dire emergency.

And in writing does not mean by e-mail.

martinsurrey

wibbler wrote: »

martinsurrey - I like the idea of just allowing written requests! However, here is a picture of the relevant bit of our contract - says we should get notice of a viewing "in writing", which sadly I guess includes email. Here it is: http://i.imgur.com/B7n2LnY.jpg

EDIT: Although on the flip side, they never gave us written notice of the unauthorised viewing. Two breaches on their part.

As I said, they can put what they want in the tenancy agreement, but it CANNOT override your statutory rights, which this clause does, so cannot be enforced.

Any attempt to enforce this clause and enter the property without authority, is trespass and harassment, which are both criminal and civil offences.

mart.vader

Wibbler, You agreement says "prior mutually acceptable appointment"

It doesn't mean they tell you when they want to come round, and you have to agree.

If you didn't accept it, it's not mutual.

wibbler

mart.vader - exactly! This is what we are arguing with them. They have written saying "you must allow viewings", but I'm presuming this is not true.