LL keeps arranging viewings without notice

jjlandlord

Annie1960 wrote: »

Wrong. You are missing the point.

I don't think so.

Annie1960 wrote: »

I have successfully used the DPA on a number of occasions to get organisations to stop ringing me up (e.g. a building society that kept phoning me to open accounts with them).

Ah but direct marketing is a different case and the DPA does give you a specific right in that respect.

Annie1960 wrote: »

Constantly phoning someone up when you have asked them to stop constitutes harassment.

Yes, I have already mentioned that.

RAS wrote: »

This is NOT what was being suggested.

The EA is not being asked to erase information.

They are being asked to remove one number

So 'removing' is not 'erasing', right...


I don't understand your problem guys: There is no point trying to use the DPA, and asking them to stop harassment is a much better approach.
Now, argue all you want, it doesn't matter.

Bluebirdman_of_Alcathays

Annie1960 wrote: »

Wrong. You are missing the point.

I have successfully used the DPA on a number of occasions to get organisations to stop ringing me up (e.g. a building society that kept phoning me to open accounts with them). Constantly phoning someone up when you have asked them to stop constitutes harassment.

The EA is, according to Shelter, behaving unreasonably, and it may constitute harassment. Asking for them to delete your phone number in these circumstances is reasonable, and I bet the ICO would support this request if a complaint were made to it.

DPA doesn't work in such a simple "I want you to delete me" way. What you mention (the building society) is direct marketing. That is specifically legislated against. A LL that has a tenant in situ has to protect the data (ie not sell it on, not use it spuriously), but they have every right to keep it, and to contact them with legitimate requests pertaining to their relationship.

sartois

Thanks all... I am not too concerned they have my number... PPI companies that do go straight onto the blocked numbers on my phone so that's ok... They have stopped calling now and started sending me texts when they are going round there. Not to ask me if it's ok or anything, just to inform me when!

Guess they will get a bit of a surprise when they try and get in tomorrow then....

I am such a reasonable guy normally but I am starting to really want to actively prevent them from having people in to view it.

sartois

Well just had an interesting chat with LL!

They phoned... again... and I happened to mention that I changed the code for the door. Their response was to go completely mad at me and the gist of it is that:

1. I have broken the law and they are going to report me to the police for changing the locks. This is apparently a crime as it is not my house it is theirs. I have no rights here.
2. They are going to sue me - I didn't manage to find out what for.
3. They are going to ruin my credit file... for what I don't know as I have never missed a rent payment!
4. They are going to take me to court.
5. They are definitely keeping all of my deposit... again not sure what for.
6. They are going to change the locks... is this legal? Can they really lock me out of my home? Should I keep some evidence that I am a tenant here on me at all times... just in case I need to get the police involved and have to prove this is my home? This is the one I am actually concerned about... would be a bit miffed if I got home to find that I couldn't actually get in.

As much as I tried to tell them that I am legally allowed to change the code they just kept shouting (when I say 'they' it's a man/wife EA team and they tag teamed on the phone). Quite ridiculous really. I am not much of a shouty person so kept calmly pointing out that it's not against the law etc but there is no telling some people. I told him that I would send him a few links that he might want to look at before engaging the law + expensive solicitors.

Their demands remain the same... they want to know the new code. They want to show at least 1 tenant around a day...regardless of my presence.

He also says he is going to spend £5000 on solicitors to get justice and he will get every penny back from me...

This is ridiculous...

jjlandlord

Well as mentioned the key is to be reasonable.
They could have had a case if they had remained so while you denied all access.

Now they seem to be going mental and that certainly something that would not help them in court.

Tell him to spend £10k so that he can hire Max Clifford as well (wait... bad choice).

sartois

jjlandlord wrote: »

Well as mentioned the key is to be reasonable.
They could have had a case if they had remained so while you denied all access.

Now they seem to be going mental and that certainly something that would not help them in court.

Tell him to spend £10k so that he can hire Max Clifford as well (wait... bad choice).

I have never denied all access... in fact up until today when they decided to go in without my permission I was the perfect example of reasonableness... often letting them go in with a mere 15 minutes notice if I knew there was nothing incriminating lying around.

The thing is after putting up with all that abuse on the phone, I am not sure I can realistically deal with these people again in a professional manner. In fact I don't even want to speak to them again. If they could have just compromised then they could have had 2 evenings a week of viewings. Even with all the abuse on the phone I was getting... I still offered that.

But going back to one of their threats.. the locksmith one concerns me... would a locksmith change the locks based on the demands of the Letting Agent/ LL? I am sure they could prove ownership if asked? Is this legal or would they be breaking the law?

Annie1960

http://england.shelter.org.uk

If I were in your position, I would give Shelter a ring first thing tomorrow.

The other thing I would do is work out how to record calls to your phone, in case they ring again.

BitterAndTwisted

Changing the locks on you and preventing you accessing your own home would be an illegal eviction. Of that there is no doubt.

All this access situation needs to be put IN WRITING right now. Re-iterate that you have provided them with access and are not unwilling to continue to do so. That them giving you notice by phone-call or text-message in order to conduct viewings, or anything else, is a REQUEST, not a demand.

sartois

Annie1960 wrote: »

http://england.shelter.org.uk

If I were in your position, I would give Shelter a ring first thing tomorrow.

The other thing I would do is work out how to record calls to your phone, in case they ring again.

Funny you should mention that... I suspected a daft conversation was on the horizon (I wasn't expecting the tantrum that occurred though) and was looking up phone call recording apps just before they called!

DaftyDuck

Do write down as clear a recollection of the call as possible as well. Not as good as a recording, but every little helps, as they say. Pretty much any mobile phone will record a conversation on a landline, and it's worth working out how beforehand.

Sadly, it's pretty inevitable you will be moving (not least because the !!!!!! of an agent is also LL), so I'd start planning.

It might be worth emailing them a couple of links pointing out what their legal responsibilities are... even just to later prove you did try....

Good luck!