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

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  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    goater78 stop posting as you have absolutely no idea what you are talking about.
  • pinkshoes
    pinkshoes Posts: 20,540 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    goater78 wrote: »
    You can't change the locks on a rented property without providing a key to the landlord.

    Completely WRONG!

    You are legally entitled to quiet enjoyment of the property, and the LL can only enter in an emergency giving 24 hours notice.

    The LL cannot enter the property, regardless of what is stated in a tenancy agreement.

    The law over-rides tenancy agreement clauses.

    A LL should never find out you have changed the lock, as they shouldn't be trying to enter.

    Just retain the original lock, and change it back once you move out.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    pinkshoes wrote: »
    Completely WRONG!

    You are legally entitled to quiet enjoyment of the property, and the LL can only enter in an emergency giving 24 hours notice.

    The LL cannot enter the property, regardless of what is stated in a tenancy agreement.

    The law over-rides tenancy agreement clauses.

    A LL should never find out you have changed the lock, as they shouldn't be trying to enter.

    Just retain the original lock, and change it back once you move out.

    Even though I am in danger of being abused that's not true. It will depend on your tenancy agreement whether or not you can change the locks of the house. I've not rented for years but when I did this situation was clearly set out in the tenancy agreement.

    In the case of an emergency the landlord has the right to enter your home as long as they provide enough notice (usually 24 hours). In the unlikely event you're on holiday and not around then they need to be able to access the property. Therefore they need a key.

    You can all say I'm taking rubbish but I don't really care!

    On a different subject as the tenant is moving out in less than 2 months it was a ridiculous suggestion to change the locks in the first place!
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • bod1467
    bod1467 Posts: 15,214 Forumite
    goater78 wrote: »
    On a different subject as the tenant is moving out in less than 2 months it was a ridiculous suggestion to change the locks in the first place!

    That I can agree with. Everything else you've said on this thread? ... Nah. ;)
  • tomwakefield
    tomwakefield Posts: 8,036 Forumite
    edited 25 November 2013 at 10:30PM
    https://www.newcastle.gov.uk/housing/housing-advice/can-my-landlord-enter-my-home-without-my-consent
    Can my landlord enter my home without my consent?
    A landlord must respect your right to privacy within your own home.

    Although it is the landlord's property it is let to you and you have the right to refuse entry to anyone. A landlord has the right, either by way of contract or by law to ask to enter the property to inspect and or carry out repairs by giving at least 24 hours notice in writing. However, if a tenant does not respond or does not consent a landlord is not allowed to enforce their right without an order by the County Court.

    If a landlord believes that there is an emergency such as a leak of water to a neighbouring property they must contact the tenant of the potential problem. If a tenent is not available a landlord should contact the relevant emergency services such as Northumbrian Water, Transco or the electricity supplier and the Police to gain supervised entry.

    If a tenant unreasonably refuses access to the landlord to their home and it is necessary to obtain a Court Order the tenant is likely to be responsible for the landlord's legal costs.

    http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf
    3.32 We would object to a provision giving the landlord an excessive right to
    enter the rented property. Under any kind of lease or tenancy, a landlord is
    required by common law to allow his tenants 'exclusive possession' and
    'quiet enjoyment' of the premises during the tenancy. In other words, tenants
    must be free from unwarranted intrusion by anyone, including the landlord.
    Landlords are unfairly disregarding that basic obligation if they reserve a
    right to enter the property without giving reasonable notice or getting the
    tenant's consent, except for good reason.

    3.33 The same principles apply to terms giving excessive rights to the landlord to
    demand access for prospective new tenants or purchasers to view the
    premises.
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  • pinkshoes
    pinkshoes Posts: 20,540 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    goater78 wrote: »
    Even though I am in danger of being abused that's not true. It will depend on your tenancy agreement whether or not you can change the locks of the house. I've not rented for years but when I did this situation was clearly set out in the tenancy agreement.

    In the case of an emergency the landlord has the right to enter your home as long as they provide enough notice (usually 24 hours). In the unlikely event you're on holiday and not around then they need to be able to access the property. Therefore they need a key.

    You can all say I'm taking rubbish but I don't really care!

    On a different subject as the tenant is moving out in less than 2 months it was a ridiculous suggestion to change the locks in the first place!

    The law trumps a tenancy agreement. Holiday? Do what you'd do if you owned the property- give a key to someone or do nothing.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • goater78 wrote: »
    You can all say I'm taking rubbish but I don't really care!

    Scared you might learn something?
    goater78 wrote: »
    On a different subject as the tenant is moving out in less than 2 months it was a ridiculous suggestion to change the locks in the first place!

    Well yes, this I can agree with. From the point of view of the tenant not wanting undue hassle it should be a last resort, if the LL and their agents cannot be made to see sense any other way. Sadly, many do not see sense.
    If you don't stand for something, you'll fall for anything
  • quidsy
    quidsy Posts: 2,181 Forumite
    If the agency is ignoring the op's request to not enter then changing the locks is the only surfire way to ensure they spend their remaining time at the proprty in peace. A pain for a short time but for peace of mind well worth the effort of 10mins.

    The other issue is possible damage or theft whilst the agency is in the house with a viewer. Friends of mine let an agent show around people without them being there until they came home & one found their cameras & passport missing. The agent admitted that they had let the viewer go around alone & when asked for the details of the viewers admitted they didn't have anything beyond a name as they were walk ins. Friends went to police but were told without more info nothing could be done & the real smacker was the insurance wouldn't pay out as it wasn't a break in. The agency of course admitted no liability & refused to pay up the cost of replacement. Something to consider when handing out spare keys & letting strangers walk around your home without you being there.
    I don't respond to stupid so that's why I am ignoring you.

    2015 £2 saver #188 = £45
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