COMPLAINT - Estate agents entering our house without our permission

ag19lfc

Two weeks ago we handed in our notice to end our tenancy at the property we currently rent. Earlier this week, the letting agents contacted us as they had arranged a viewing for potential new tenants to view the property this morning.

I called them yesterday to postpone the viewing as my partner and I are currently in the process of moving out of the property.

This morning however, the letting agents arrived with the potential new tenants and let themselves in to our house.

I'd like to raise a complaint, as this is against the law for them to enter without permission.

Who do I raise the complaint with?

G_M

You write a letter to the landlord, at the address provided to you, and send a copy to the agents.

You complain about the viewing.
You make clear when (if at all) you are willing to allow future viewings.
You make clear what notice you want for future viewings.

You change the lock. Keep the old one and replace it when you leave.

http://www.youtube.com/watch?v=VXAo7zSN-9o

hamster2013

see your contract
it will have clauses in there allowing as such as long as reasonable notice is given

I_have_spoken

I'd like to raise a complaint, as this is against the law for them to enter without permission.

The LL can enter on a number of grounds without permission and the tenant can protest they have rights to quiet enjoyment. The law is not absolute

dancingfairy

It may have a clause in there about reasonable notice but reasonable notice was given, the tenant then gave reasonable notice that it was unsuitable and asked to postpone (which I asssume they agreed to on the phone).
Write to the letting agents and let them know you will be prepared to do viewings but with appropriate notice and with your permission (if you are still happy to do this).
Change the lock barrells.
Just because it says something in the contract it can't override your statutory right to quiet enjoyment. At the moment it is your home as you are paying rent. It's best if you can obviously come to a mutual arrangment with the letting agents.
df

Reue

hamster2013 wrote: »

see your contract
it will have clauses in there allowing as such as long as reasonable notice is given

Unenforceable. The tenants right to quiet enjoyment of the property over-rules any such clause in the tenancy agreement.

The tenant has absolute right to deny all non-emergency visits.

dancingfairy

I agree with I have spoken. They can access the house for certain reasons - ie fire, flood to protect the house. You have the right to quiet enjoyment. I do not deem a viewing as essential though.
df

mrginge

Reue wrote: »

Unenforceable. The tenants right to quiet enjoyment of the property over-rules any such clause in the tenancy agreement.

It would require a judge to make that assessment.
In the meantime you prevent access by changing locks (after discussions as per g_m's advice)

spacey2012

You should have changed the locks the day you moved in.
If you were burgled, the insurance will not pay if you can not state you fitted new locks and have all the keys that came with the lock.

Yorkie1

dancingfairy wrote: »

Just because it says something in the contract it can't override your statutory right to quiet enjoyment.
df

Just to point out that it is not a statutory right. It is a common law right.

G_M

dancingfairy wrote: »

....
Just because it says something in the contract it can't override your statutory right to quiet enjoyment. At the moment it is your home as you are paying rent. It's best if you can obviously come to a mutual arrangment with the letting agents.
df

1)it is not a statutory right- it is common law
2) it is not an absolute right. The LL's contractual right may carry equal or greater weight
3) only a court can decide
4) it will never go to court

Unenforceable. The tenants right to quiet enjoyment of the property over-rules
any such clause in the tenancy agreement.

The tenant has absolute right
to deny all non-emergency visits.

Rubbish - it MAY be enforceable, assuming a LL went to court.

The tenant's right to quiet enjoyment is not absolute. A court MIGHT overrule it to permit a LL to implement a viewing clause in the contract.

But none of that detracts from my previous advice.