Landlord/Letting agent letting themselves in

skint-student-nurse

Hello,

long post alert so i do apologise in advance

I am renting and have recently had some issues with my landlords and letting agent.

I had an initial six month tenancy which has now rolled over periodically. A couple of weeks ago, i was at home minding my own business and there was a knock at the door - before i could answer, a lady claiming to be my landlady had let herself in to the property - she knocked once and let herself in straight away. I had never met her before so effectively I had a stranger in my home. She said I was in arrears with my rent but this was the first time it had been brought to my attention. I had no calls or letters about this. She said she was just passing by on her way to the shops and was concerned as my curtains were closed (im on the ground floor and was due to go to work) but i am nowhere near any shops and,from the address on the agreement,she is on the other side of town to me.

She leaves the building but she is sat in her car on the phone to someone, my guess is the letting agent as he then calls me and is very apologetic and promises that the landlady letting herself in would never happen again. I say i am shocked and at this point i am crying because of the shock. The letting agent then said that they are now taking over the management of the property.

I'm annoyed but I was prepared to let it go. until...

I came home after work one day last week, and found it very difficult to turn my key and open the door, which i have never had a problem with. So, i am concerned about this, but then it becomes apparent that my letting agent has let himself in because he has left a business card in my kitchen,asking me to contact him.

I opted for emailing him as i was very angry that the one person who assured me that there would be further no problems and that notice would be given in future went back on his word. I asked him to clarify the emergency for which he let himself in for as he knew i was working away the day he came in. He said he was concerned for my welfare and that's why he let himself in. he claims to have called,text and emailed me - which he hadn't - and i hadn't responded.

we exchanged several emails, and i pointed out that i felt like he was more concerned about the rental arrears - which were sorted out on the day it was brought to my attention - and this was almost a week later. The letting agent knows I work away and i work long hours, and i reminded him of this when i spoke to him about the landlady. But now, i am sat at home jumping out of my skin every time i hear someone in the hallway or walk past. I am also off work as ive been suffering panic attacks - something which has never happened before.

i feel like i cant be here anymore, i dont feel safe and almost like they want me out. I have been here over a year and this is the first contact i have ever had with the landlady. Its like they were only concerned about the rent arrears and they were cleared days before the letting agent had let himself in.

is there anything i can do about their behaviour? i dont feel that there is any excuse for it and im struggling with being here.

thanks

mrginge

Change the locks.

jgh

Very very very very definitely not allowed. Your landlady is in breech of your tenancy agreement and the law. They need to give notice before visiting, at any other time they have exactly the same status as any other random stranger. While you are the tenant you have right of quiet possession. The landlord loses right of possession by virtue of "selling" that right to you in exchange for you paying them rent. While you are paying for the right for it to be your property, it is no longer "their" property, them entering without permission is breaking and entry. If they want it to remain "their" property, it is simple, they have to not "sell" the right to occupy it to somebody else.

skint-student-nurse

I did ask to change the locks, I was told I could but they want the spare key,so feel i it is defeating the object as they could still let themselves in

Annie1960

Change the barrels in the locks. Keep the old ones to replace them when you leave.

Yorkie1

Do you want to stay in the property? This may inform how you decide to take steps from now on.

You are able to change the barrel of the lock on the door. Have a look on Youtube for how to do it; get a friend to stay in the flat while you pop to the shops with the barrel to get a replacement that will fit and meets the same security requirements. Retain the original barrel and do not forget to replace it at the end of the tenancy.

Given their spurious, or otherwise, reasons for letting themselves in, I would consider letting them know that you have changed the lock in view of their repeated breaches of your right to quiet enjoyment. Alternatively, you could not tell them - and deal with the broo-ha-ha when they next can't get in and express concern for your 'wellbeing' (risk that they will break in and then charge you for the damage!).

Even if you do not want to change the barrel of the lock, you need to write to them (not email) and let them know that they are continuing to breach your right to quiet enjoyment.

However, you should be aware that this rather ignorant LA / LL may choose to issue you with a s.21 notice, i.e. to give you notice of their intention to seek repossession for the property. This is a no-fault notice and is sometimes used by LLs when Ts stand up for their rights. It will give you 2 months to find a new place. You are within your rights to stay beyond the expiry of the notice - the expiry simply means that they can then apply to the court for an eviction notice.

This is why I asked at the outset what you wanted ultimately. If you don't want to stay there any longer, then I would start looking elsewhere for another property and give notice at the right time. People on here can advise about the timing of giving notice.

You could change the barrel of the lock, or not. You would not be under any obligation to allow them to show prospective tenants around - though changing the barrel is the only way of stopping them from doing so when you are not there.

Be aware that, again, there may be retaliatory action by the LL re. a decent reference for an ongoing move.

What was the history of the late rent - was this a pattern or a one-off?

Edit: you are not obliged to give them keys to the flat if you change the locks, but given their previous stance I suspect you'd find yourself on the wrong end of a s.21 if you didn't give them access (which, as you say, defeats the point of it).

topdaddy_2

skint-student-nurse wrote: »

I did ask to change the locks, I was told I could but they want the spare key,so feel i it is defeating the object as they could still let themselves in

Change the locks, give them nothing, when you move out put old locks back in which the ll and la have a spare for. Job done, fifteen--twenty quid if you do it your self.

bryanb

They won't know you've changed the locks unless they try to get in. They know that's against the law don't they?

skint-student-nurse

Thanks for all the replies so far. The issue with the rent was a result of the standing order being incorrectly cancelled, so it was not as if i wasn't withholding rent or refusing to pay up, i genuinely was not aware.

I feel like being concerned for my welfare is a cop out as,like i said, they know i work away and long hours,and that i am not always available to return calls or emails straight away as i have a safety critical job and i can not use my phone, so i feel they have taken advantage of that

mrginge

skint-student-nurse wrote: »

I did ask to change the locks, I was told I could but they want the spare key,so feel i it is defeating the object as they could still let themselves in

Don't ask.
Change the lock barrel.
Change it back when you leave.
Job done.

Kynthia

As has been said above, put it in writing to both the agent and landlord that they have twice entered your home without permission, and that they are not to enter without your express permission any longer. Keep a copy. You can make it polite, but I would also include that no response from yourself to a request to enter does not constitute permission and that they should call your emergency contact or the police if they are concerned about your well being again.

You are within your rights to change the locks and not give them a spare. If you agreed not to change your locks in your contract then they could take you to court over it but it's extremely unlikely, and the second unauthorised entry when you had already complained about the first would certainly give very good reason for your actions to a judge. It's more likely that they would evict you but if you are looking after the property, allowing reasonable requests for inspections and up to date with the rent then no sensible landlord would do this. However not all landlords are sensible.