Letting Agent let themselves in without permission...

old_fat_biker_bloke

I posted this earlier but in the wrong place - was suggested I re-post here. Some really helpful posts, thank you!! But some insensitive comments throughout the day too... All I can say is my wife WAS crying and shaking & my daughter WAS traumatised/scared stiff by encountering a stranger in our home and we DO feel our privacy WAS invaded! After I posted the below I later learned the woman twisted the key in the lock and locked the door whilst it was open, tried to close it a few times, gave up and left leaving the door open and ajar....

"We HATE renting but have no choice. We have repeatedly told the letting agent we want to be here when they 'inspect' and do not want them in the house when we are not here - it may not be our house but it is currently our home!!!

An inspection was for arranged today some time ago. Coincidentally my 80 year old mother is visiting. The inspection woman has historically always arrived around lunchtime so at 9.30am my wife was in the shower, my mother in the downstairs toilet and, after a late night, I was still asleep. Both cars were outside.

First I am aware is my wife trembling and in floods of tears holding half a sheet of A4 paper with the words "Called today at 9.30 but not convenient pls call office - Thanks". The woman rang the doorbell once and my kids ignored it as they have been taught to do then she let herself in. My 11 year old daughter encountered her, told her where the adults were and she left. She didn't even call our mobiles to ask where we were!!

We feel invaded and violated - is there anything we can do as she has gone against our clear wishes and instructions? I know we are mere tenants but this seems so wrong!!!"

Thrugelmir

So in summary the agent arranged to visit the property today. You hadn't bothered to confirm the time just made an assumption. The agent let herself in after ring the bell, that nobody bothered to answer, and spoke to your daughter who explained no doubt that you were still in bed. So the agent left. You were asleep however were cross that she didn't ring your mobile.

Seems a big fuss over very little. Sure you can pick holes but is it that major in the scheme of life.

G_M

See here

https://forums.moneysavingexpert.com/discussion/5038715

G_M

Frankly the agent seems to have acted professionally.

* She made an appointment - giving advance warning of what day
* She arrived and rang the bell - did not just barge in
* she let herself in assuming the property was empty - and having given advance warning of the visit
* she left as soon as it was apparant it was inconvenient

Had you responded to the initial notice of the appointment and said "Please don't come before midday" or "What time are you coming?" or "My mother is visiting - can you come the following day"

then you might have cause to complain. But otherwise?

As for

my wife trembling and in floods of tears

wife WAS crying and shaking & my daughter WAS traumatised/scared stiff

this is gross over-reaction.

My 11 year old daughter encountered her, told her where the adults were and she left. She didn't even call our mobiles to ask where we were!!

Why should she call? Your daughter had just told her where you were - and clearly it was inconvenient. Best thing she could do was to leave..... which she did.


Oh, edit:- to pre-empt comments (and I refer to the other thread):

The landlord (and/or his agent) almost certainly does have right of access if the contract (tenancy agreement) that you signed specifies that.

Most contracts mention inspections at 3 or 6 month periods (whatever), usually requiring 24 hours notice.

So assuming your contract says this, and since you received the notice, the agent had every right to access the property.

Now, yes, you (the tenant) also have a (common law) right to 'quiet enjoyment', so had you responded stating you did not want the inspection (either then, or at all) then the rights would have clashed.

but you did not. So understandably the agent assumed you had no objection and went ahead with the inspection as per (I assume) the contract.

Kynthia

So notice to inspect was given and you didn't decline or reschedule it meaning it was agreed. Then when the agent comes to inspect on the agreed day they ring the doorbell, as is polite and expected rather than just barging in. No-one in your household responds and as the inspection is agreed, perhaps assuming that like many tenants they are happy not to be present, they let themselves in to complete the inspection. Once inside they encounter a child so responsibly they ask for the adults. The adults aren't available, so the agent decides to abandon the inspection as it appears to be an inconvenient time rather than intrude on you sleeping or showering (I know I wouldn't want to deal with a visitor in my pyjamas or a towel).

I'm sorry but I don't know what else the agent could have done? It's not a scenario that could have been foreseen and I'm sure the agent was a bit flustered too. They didn't turn up without notice or when you had refused an inspection, they didn't barge in without knocking/ringing the doorbell, and they left rather than intrude when both you and your partner were not in any state to have a visitor rather than try to complete the inspection regardless. If you definitely don't want any agents to let themselves into the property then put it in writing that you expressly deny them the right to enter the property without your presence and ask them to keep that letter on file. At least then you will have the right to complain should they ever let themselves in again, even at an agreed inspection. You could also change the locks, but given they didn't enter when you had forbidden it that would possibly be a slight overreaction and I'd start with the former first. However I really can't see that this agent did anything wrong.

Lily-Rose_3

I think the agent was well out of order doing what she did: just walking in! What if they'd been having sex????????????? :eek:

I do think the whole family's reaction seems a bit OTT though. Either they're massive drama queens or they are after some recompense.

dizzybuff

Get a dead bolt for when you are in .Simple , then she would hav to ring the bell.

old_fat_biker_bloke

Umm, OK, I thought I made it clear, for the last 3 years we have told the agent we do not want inspections of our home unless we are present! So, when the door bell wasn't answered (sleeping/showering/toileting) she was not, by default, granted access; she should not have entered the house!! My understanding is the owner has given up their right of access for money. They and their agents are not allowed into the property unless agreed with the tenant.

Thank you for pointing out my family's feelings are irrational, I'll be sure to pass that on, give them both a slap across the chops and tell them to pull themselves together!!

So unkind and cold.....

Kynthia

Lily-Rose wrote: »

I think the agent was well out of order doing what she did: just walking in! What if they'd been having sex????????????? :eek:

Why were they out of order, it was an agreed inspection? Many tenants are happy not to be there, especially if it's during their working hours, so the agent entered what they reasonably expected to be an empty property to completed the inspection that they gave the correct notice for. If the OP had refused the inspection or ot it in writing that no inspections were to ever take place without them present then they would be right to complain, but they hadn't.

Lily-Rose_3

Umm, OK, I thought I made it clear, for the last 3 years we have told the agent we do not want inspections of our home unless we are present! So, when the door bell wasn't answered (sleeping/showering/toileting) she was not, by default, granted access; she should not have entered the house!! My understanding is the owner has given up their right of access for money. They and their agents are not allowed into the property unless agreed with the tenant.

Thank you for pointing out my family's feelings are irrational, I'll be sure to pass that on, give them both a slap across the chops and tell them to pull themselves together!!

So unkind and cold.....

Oh don't be so silly. Nobody is unkind and cold, but this is a MASSIVE OVER-REACTION.

This actually happened to US 13-14 years ago, when we moved into a new house. A friend of the old owners walked right in because they hadn't realised they had moved, and they waltzed right in to us playing on the bloomin' playstation!!! My daughter was 5.

You know what? To this day, she remembers it as a hilarious occurence. I was gobsmacked, hubby was in his jammies, but we didn't care that much.

If it had been an agent (if we had been renting,) I, and most others, would have been miffed at the most, and the kids probably surprised and swould have said 'who is that?!'

But traumatised and devastated and shocked and trembling and sobbing? Come off it! You seriously expect people to not take the mickey when you say stuff like that?!

What is you want exactly anyway?!

dizzybuff

old_fat_biker_bloke wrote: »

Umm, OK, I thought I made it clear, for the last 3 years we have told the agent we do not want inspections of our home unless we are present! So, when the door bell wasn't answered (sleeping/showering/toileting) she was not, by default, granted access; she should not have entered the house!! My understanding is the owner has given up their right of access for money. They and their agents are not allowed into the property unless agreed with the tenant.

Thank you for pointing out my family's feelings are irrational, I'll be sure to pass that on, give them both a slap across the chops and tell them to pull themselves together!!

So unkind and cold.....

hmmm , no the agency had informed you of the inspection and as in any tenancy agreement they have done their bit and informed you with notice, the agent rang said door bell, no one answered so as on tenancy agreement let themselves in as they were not invading privacy as she thought no one was in, your daughter greeted her she left . No harm done.


She did not enter with a trumpet singing lalalala in here to do the inspection without requesting entry first ( door bell) If you or a member of your family had answered it and said ' sorry not convenient can I call and rearrange. They would have ben happy to do so. But as you could have done that in the first place by responding to the letter , they carried out the inspection as per your contract and your landlord contract with thm to ensure his/ her / their property is being kept in good order. All you had to do was a respond to the notice or b Answer the door.

I think responses are perfectly reasonable. Oh and if your having sex. deadbolt the door simples.