What a mess...Can estate agent enter?

Auticko1

Hello, I have suddenly found out myself in a messy situation and wonder if I can get some good advice here?

Me and my husband (who I am divorcing) are renting a house through an estate agent. Our 1-year contract has expired and now the agency are chasing us for a renewal fee. We don't want to pay again and instead want to carry on being on statutory periodic tenancy.

My husband has decided he will ignore any correspondence with the agent and unless we hear anything from the landlord (who we are on good terms on with), he does not want us to do anything. I thought I would let him deal with it but I have just had a hand-delivered letter from the estate agent saying: "We have been unable to contact you for some time and are led to believe you may no longer be residing a the property. If we do not hear from you by XX, we will be entering with keys at this time, in order to confirm if the property is occupied or not."

Now, I just want to have this sorted so I said to my husband I would ring the agency and say to them we want to be on Statutory Periodic Tenancy or if he wants, I will speak to the landlord first if he is happy for us to do so. My husband just got angry and ordered (!??) me not to contact them because firstly, they cannot legally enter with a key if we are still living there and secondly he does not want to be bullied by their letter.

I am fed up with all this and want to the contact the agent but just thought I would ask whether they can threaten to enter with keys if the rent is getting paid, the landlord does not know anything and the property is just let by them and not fully managed.

Thanks for your advice/opinion. x

nomoneytoday

Why not call the agency, say you've received the letter and leave it at that?

Auticko1

Well, I want to at least acknowledge the letter but husband says DO NOT respond to their bullying. If they come and enter the house, call the police. I don't want any drama but at the same time, I don't want him to cause me a headache either. Why make things difficult when they can be kept simple - well, he doesn't have an answer to that!

DRP

just call or write a letter and tell them you don't want to sign another contract.

Your husband is correct that they shouldn't enter your house unless an emergency demands it, but it is fair to argue that an abandoned property (or even the suspicion that there might be 2 dead bodies inside!!) might be construed as a valid reason for them to enter...

Auticko1

That is a good point. However, my husband says they know we are living there because we pay the rent and are in regular contact the the landlord. Wouldn't the estate agent check with him if they cannot get hold of us? That is his argument, not mine as I just want to tell them today that we do not want to renew, why wait and get harassed?

Lovelyjoolz

nomoneytoday wrote: »

Why not call the agency, say you've received the letter and leave it at that?

^ This. Partly.

The agent shouldn't enter the property without giving you prior warning and without your permission, but many agents just disregard this and enter anyway. If they choose to do this, how will you stop them? Have you changed the locks?

In your position, I would write them a letter - a proper, envelope and stamp letter, not email - telling them something like:

Thank you for your letter dated XXXX. We still live at this address and would like to continue to do so on a statutory periodic tenancy, as is our right.

Please do not attempt to enter our home using keys. This would constitute a breach of our right to quiet enjoyment. If you wish to inspect the property you may only do so whilst we are present and by prior appointment.

If you want to change the locks, you are within your rights to do so, and its a simple and cheap task to switch out the barrel. You must, however, retain the exisiting barrel and replace it when you do choose to move.

BitterAndTwisted

Respond to the letter about them trying to enter, they have given you notice and your lack of response will be seen by them as acceptance or obviously could be construed as you not living there any longer.

Suggest a convenient alternative day and time or tell them that you do not require a visit at this time.

To be honest, you should be getting in contact with your landlord asap to sound out their intentions as it could be them who are pressing the agent for a renewal.

Lovelyjoolz

Auticko1 wrote: »

That is a good point. However, my husband says they know we are living there because we pay the rent and are in regular contact the the landlord. Wouldn't the estate agent check with him if they cannot get hold of us? That is his argument, not mine as I just want to tell them today that we do not want to renew, why wait and get harassed?

Yes, they are probably perfectly aware that you are there. They are just using these underhand tactics to jusify charging you a fee to renew an AST. They probably charge the LL too.

mart.vader

Auticko1 wrote: »

Me and my husband (who I am divorcing) are renting a house through an estate agent. Our 1-year contract has expired and now the agency are chasing us for a renewal fee. We don't want to pay again and instead want to carry on being on statutory periodic tenancy.

I am fed up with all this and want to the contact the agent but just thought I would ask whether they can threaten to enter with keys if the rent is getting paid, the landlord does not know anything and the property is just let by them and not fully managed.

The day after your contract expired, you were automatically on a statutory periodic contract, on the same terms as before, except that LL needs to give you 2 months notice to end it, and you need to give him one month notice.

There is no fee for this. Just write to LA, and tell them you are still living there, you refuse them access unless by mutual agreement in writing, and you refuse to pay a fee for something that is free.

DRP

BitterAndTwisted wrote: »

Respond to the letter about them trying to enter, they have given you notice and your lack of response will be seen by them as acceptance or obviously could be construed as you not living there any longer.

Suggest a convenient alternative day and time or tell them that you do not require a visit at this time.

To be honest, you should be getting in contact with your landlord asap to sound out their intentions as it could be them who are pressing the agent for a renewal.

Good point. The EA has now given you notice of a visit, so it would be perfectly acceptable for them to visit at the stated time.

Seems like you should contact the EA and/or contact the LL otherwise things will get a little (more) silly.

Strapped

Personally, I'd write back to say, we were surprised to receive your letter as we are now on a statuatory periodic contract between ourselves and our landlord and, as such, were not aware that yourselves had any further involvement. Furthermore, any attempt to enter the property will be regarded as a criminal break-in and reported to the police accordingly. Then change the barrel of the locks, get on with your life, and ignore the letting agents.
[STRIKE]




Oh, and probably ditch the husband too.
[/STRIKE] Oops, did I say that out loud?