Items missing after contractor visit, had no idea visit was happening - advice?

makatie

Hello everyone,


Myself and my partner currently live in a flat with an AST, which expires on the 6th April. We are moving to a different area and have spent the past few weeks moving our items from the old house to the new.


Today we went back up to the flat after three days away to find the house as we left it, except for two items which had been in plain view on our coffee table missing (a digital camera and a bottle of champagne). There were no signs of forced entry.

Upon speaking to the estate agent (who have the only other set of keys) it transpired that they had given the keys to a contractor to perform an energy performance rating. This had been arranged by the landlord and we had no prior notice of this from either the LL or the estate agent.

My question is, although we are unlikely to see the items again, do we have any recourse against the LL or estate agent?

I have read multiple times that a LL has to give notice before entering a property (of which none was served), but have never seen an actual link to legislation.


It is ridiculous to think the LL or estate agent could just give the keys to any old contractor to wander round our house and through our belongings without us present or without our knowledge!

I can go to the police tomorrow to file a theft report but is there anything I should do first?

Thank you.

19lottie82

Do you have contents insurance? This should cover theft.

jjlandlord

Yes landlord should give at least 24 hours in writing.
This however only covers inspections of the state of the property and repairs and therefore I think that for an EPC the landlord should have contacted you to arrange a visit with your explicit permission.

As such landlord is clearly out of line.

I should issue a strong formal complaint, change the locks if you can, and tell them that you will refuse all access until either the end of the tenancy or until they properly compensate you (though it's not their liability, but I think they are the ones you have the most leverage on if they intended to re-let).

Bear in mind, though, that proving anything, including that theft did occur will be near impossible.

agrinnall

makatie wrote: »

I have read multiple times that a LL has to give notice before entering a property (of which none was served), but have never seen an actual link to legislation.

It seems to be Common Law so I don't think you'll necessarily be able to find it in legislation, but that doesn't mean it doesn't exist should you wish to enforce it.

http://www.foxwilliams.com/news/704

G_M

19lottie82 wrote: »

Do you have contents insurance? This should cover theft.

though quite possibly only where there is forced entry. So not in this case...

Have you reported the theft to the police? That is clearly the first step if you wish to take the matter further.

I have read multiple times that a LL has to give notice before entering a property (of which none was served), but have never seen an actual link to legislation.

This thread here has some helpful, as well as amusing/fascinating, comments on the subject if you can weed out the rubbish from the facts....

makatie

jjlandlord wrote: »

Yes landlord should give at least 24 hours in writing.

Bear in mind, though, that proving anything, including that theft did occur will be near impossible.

Thanks jj, do you know what piece of legislation that comes from? I have seen it on the GOV.UK site so I am assuming it is correct but it would be nice to cite at estate agents / LL's.


Is it the LL or the estate agent who has to inform me?


Seeing as the estate agent is the one giving out keys, what are their responsibilities when it comes to handing the keys out - surely they have to keep a log or do some sort of checks to ensure they aren't just giving them out to any random person who walks in and asks?


I know proving the theft will be near impossible but if the LL or EA is allowing access to people without letting us know is there some leeway for claiming negligence (in the case of theft) or breach of contract where we can get compensation (either for the items or otherwise)?


As G_M states I doubt it will be covered under home insurance as there was no forced entry.


If I were to file a police report tomorrow, what would be the next steps?
What should I say to the EA or LL if I were to call them after filing a report (or before?)

Once again, thanks for the helpful (and speedy!) advice.

jjlandlord

makatie wrote: »

Thanks jj, do you know what piece of legislation that comes from? I have seen it on the GOV.UK site so I am assuming it is correct but it would be nice to cite at estate agents / LL's.

Landlord and Tenant Act 1985 s.11(6) mostly:
http://www.legislation.gov.uk/ukpga/1985/70/section/11

makatie wrote: »

Is it the LL or the estate agent who has to inform me?

Either.

makatie wrote: »

Seeing as the estate agent is the one giving out keys, what are their responsibilities when it comes to handing the keys out - surely they have to keep a log or do some sort of checks to ensure they aren't just giving them out to any random person who walks in and asks?

Yes, they should take care of the keys.
They work for the landlord so if the landlord instruct them to give the keys (which belong to the landlord) to someone they'll just do that and indeed in principle keep a log of where the keys are.

makatie

jjlandlord wrote: »

Is it the LL or the estate agent who has to inform me?

Either.

Huh - so does anyone have absolute responsibility as surely if not both could claim ignorance saying they thought the other party had informed us??

G_M

makatie wrote: »

Huh - so does anyone have absolute responsibility as surely if not both could claim ignorance saying they thought the other party had informed us??

Your contract is with your landlord who therefore has ultimate responsibility.

The agent is just that - an agent of the LL, working on his instructions.

Sometimes those instructions are very specific: "Give keys to XX contractors to fix the roof/do an EPC".

Sometimes they are very wide-ranging: "Manage the letting for me, including organising all repairs and statutory obligations."

societys_child

Proving it may be difficult but it's no more difficult than reporting any other theft.

DaftyDuck

This is a theft and, as such, needs to be reported to the police. I would inform the letting agent of your intention. Ask for the name of the contractor concerned, and his contact details to pass to the police, and the name and contact details of whoever at the agency authorised this unauthorised visit - to pass on to your solicitor. That may, at least, put some pressure on them to consider their position.

The agency may have insurance of their own and, if the contractor cares to admit he left the property unsecured whilst he returned to the van, it may (ha... as if) cough up.

I'm not normally one to encourage an argument but, in this case I might suggest it might be worth implying you will be considering whether to vacate the property before the matter is settled. Sounds a bit too much like blackmail, put like that, but maybe consider it as an option.