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LL keeps arranging viewings without notice

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  • specialboy
    specialboy Posts: 1,436 Forumite
    OP, before you go out tomorrow be sure to take loads of pics of your possessions and the flat before hand, a video maybe, just incase they do get in while you are out and you eed to involve the police.
  • sartois
    sartois Posts: 162 Forumite
    specialboy wrote: »
    OP, before you go out tomorrow be sure to take loads of pics of your possessions and the flat before hand, a video maybe, just incase they do get in while you are out and you eed to involve the police.

    Thanks... I did this before I left this morning... as well as taking photos of the tenancy agreement so I have them on my phone!

    Another fun fact that I discovered recently was that they got a little annoyed that I had registered myself on the Electoral role for my address (obviously a requirement to get a mortgage). I wonder why this would be an issue? I didn't make a big deal of it at time.

    My theory is council tax avoidance shenanigans. My reasoning for this is that the place I live is a Victorian conversion and they have split (I think) 1 house into 4. I have my own front door, and the other front door sits in front of 3 separate flats. Whenever I look up my address on the internet there are only 2 registered addresses (e.g. 10 and 10a). We all pay for the bills directly to the EA (another £175 on top of the rent for council tax, electric, water and gas).
  • Annie1960
    Annie1960 Posts: 3,009 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Good point.

    As you are moving out anyway, you will of course be contacting the council to let them know that you will no longer be living at this current address for council tax purposes.

    It will be interesting to see if they have it registered separately for CT.
  • Out,_Vile_Jelly
    Out,_Vile_Jelly Posts: 4,842 Forumite
    Part of the Furniture 1,000 Posts
    sartois wrote: »

    Another fun fact that I discovered recently was that they got a little annoyed that I had registered myself on the Electoral role for my address (obviously a requirement to get a mortgage). I wonder why this would be an issue? I didn't make a big deal of it at time.

    They are either the UK's stupidest agents (a fiercely competitive field) or running some sort of scam. No reputable agent would query your being on the electoral register.

    Time to ignore their calls and conduct everything in writing.

    Might be worth mentioning that you get free legal advice at work (even if you don't)- that always made agents go a bit quiet when they were trying it on eg telling me it was "against the law" for me to contact my LL directly.
    They are an EYESORES!!!!
  • RAS
    RAS Posts: 35,692 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 June 2014 at 10:51AM
    sartois wrote: »
    Another fun fact that I discovered recently was that they got a little annoyed that I had registered myself on the Electoral role for my address (obviously a requirement to get a mortgage). I wonder why this would be an issue? I didn't make a big deal of it at time.

    My theory is council tax avoidance shenanigans. My reasoning for this is that the place I live is a Victorian conversion and they have split (I think) 1 house into 4. I have my own front door, and the other front door sits in front of 3 separate flats. Whenever I look up my address on the internet there are only 2 registered addresses (e.g. 10 and 10a). We all pay for the bills directly to the EA (another £175 on top of the rent for council tax, electric, water and gas).

    You might just want to check the local Planning Register when you have time; I am going to bet that they do not have Planning Permisison for the split of the two flats into 4 which would explain the failure to make the appropriate arrangments for Council Tax.

    A landlord pays Council Tax is when they are managing a HMO (let by the room rather than as one contract)
    If you've have not made a mistake, you've made nothing
  • m0bov
    m0bov Posts: 2,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What do Shelter say about all this? Have you report the harressment to the local Police?
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    kazwookie wrote: »
    You do NOT have to allow viewings at all.
    jjlandlord wrote: »
    That very much depends on what the tenancy agreement says, doesn't it?

    Has the OP actually answered this question yet?
    Well life is harsh, hug me don't reject me.
  • sartois
    sartois Posts: 162 Forumite
    edited 5 June 2014 at 11:20AM
    thesaint wrote: »
    Has the OP actually answered this question yet?

    The exact wording is:

    "During the last two months of the tenancy, upon a minimum of 24 hours notice prior notification, to permit the premises to be viewed during working hours and or at other reasonable times including at week-ends by prospective tenants or purchasers who are authorised to do so by the landlord or the appointed Agent. Except when mutually agreed otherwise with the tenant, the landlord or his authorised Agent or representative will accompany these viewing appointments."

    This clause is what they believe gives them the right to enter the premises without my permission, or my being present. They say they have the right to go in there whenever they want as long as they let me know 24 hours in advance. By the way, prior to them entering without my permission (after I told them they could not go in as I had left financial records on my desk, and without 24 hours notice), this is what I had been allowing them to do. It is only when they entered without 24 hours notice and without my permission that I changed the code on the door.
  • rpc
    rpc Posts: 2,353 Forumite
    thesaint wrote: »
    Has the OP actually answered this question yet?

    Now that we have moved to harassment, verbal abuse and threats of illegal eviction I think we are past the point of what the contract says.

    Even if the contract contained an enforceable clause and the agent was abiding by the requirements of it (they probably haven't been), court would be required to either enforce it or seek remedy for breach. LL seems to think intimidation and illegal eviction are better routes.

    Faced with that, OP's right to occupation (a core term of the contract, which viewings are not) and right not to be harassed (criminal law, human rights act, etc) surely trump any minor contractual right to viewings.
  • rpc
    rpc Posts: 2,353 Forumite
    sartois wrote: »
    The exact wording is:

    "During the last two months of the tenancy, upon a minimum of 24 hours notice prior notification, to permit the premises to be viewed

    Clause seems to be consistent with OFT guidance on fair terms.
    I told them it would be fine to show them round tomorrow just not today.

    So LL is in breach (notice not served consistent with contract) and T is entitled to take action to prevent further breaches. End of story.
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