Letting agents entering my flat without permission, can I break contract?

paulg88

Firstly, please let me know if this should be posted elsewhere.

I rent a flat in London, and I've given notice to move out (2 months).
However, during this notice, and more importantly prior to me giving this notice, the managing agents have been viewing my flat, oftentimes without permission, and at other times emailing me (while I'm at work) a few hours before the intended viewing something like "we need to enter your flat around 1pm today" (note this isn't a request, they're pretty much telling me).

The landlord is trying to sell up, which I was fine with and also agreed to a few viewings while I wasn't even in the last 6 weeks (as per tenancy agreement), so I've been more than fair.

But the incident which is annoying me is that last week they entered my flat without me even knowing. No permission whatsoever was sought, and it's only by the good fortune of me knowing the lady who viewed the property that I found out (she also sent me email proof of their meeting for viewing).

My question is, could I use this to say that I intend to move out after only 1 months' notice instead of the 2, since they've not only broken the contract, but also trespassed.
Also, if I were to say this, I'm hoping it wouldn't affect my deposit rights?

Thanks

bris

No you cant.

What you need to do is send a letter to them telling them that you refuse permission for any further viewings under your right to quiet enjoyment of the property. Tell them you are changing the locks and any attempt by them to enter the property without permission will be reported to the police as harassment. The locks must be changed back when you leave.

The LL has the right to enter the property but only by giving you at least 24 hours notice and even then only if you agree. The LL must actually get a court order to enter the property if you still refuse.

The letting agent knows this, let them know you do too and the unscheduled visits will stop.

brendon

I don't think the breach is serious enough to end the contract. Certainly if you have reaffirmed the term of your contract, by sending them a notice, you may have some grounds to end the contract early or be compensated by the landlord. But there are not any automatic rights in this regard; you'd have to pursue it through the courts (or come to an amicable solution with your landlord).

paulg88

Damn, oh well it was worth a shot.
Thanks both

System

Why don't you just ask to leave early? It sounds like he would happily have you gone now!

quidsy

Change the locks (should have been done the day you moved in tbh) and refuse all future viewings.

i doubt you will be able to get out early but don't ask, don't get.

System

quidsy wrote: »

Change the locks (should have been done the day you moved in tbh) and refuse all future viewings.

i doubt you will be able to get out early but don't ask, don't get.

You can't change the locks on a rented property without providing a key to the landlord.

bod1467

It's not the LL who is running the viewings though - it's the managing agent, and they do NOT need a key.

System

bod1467 wrote: »

It's not the LL who is running the viewings though - it's the managing agent, and they do NOT need a key.

Yes they do as they manage the property on behalf of the LL and will require a key.

quidsy

not what I was told by my letting agent, I advised I was changing locks on the day I moved in & they stated that as long as the original locks were put back in when I moved out there was no issue.

There is no way at all that I would ever let anyone, landlord or agent, have a key to my home.

quidsy

goater78 wrote: »

Yes they do as they manage the property on behalf of the LL and will require a key.

The tenant can refuse all viewings without her presence, therefore they have no reason to have a key.