Is my letting agent allowed to just walk into my home unannounced?

marksoton

AnnieO1234 wrote: »

Just wanting to play a little devil's advocate, having reading about 6/7 posts into the thread. Does the landlord/agent know you have mental health difficulties? Could it be that they are aware that you don't have close family/friends around? Could it even be that another tenant has (because as you say you've been unable to work so much recently) raised awareness that you're not around, thinking the worst?

No, the agent isn't supposed to do what you say and if they truly thought there was something wrong they should really call the police, but maybe they are simply wanting to double check that all is well.

xxx

Completely irrelevant.

There are legal practices this agent should comply with regardless of the tenants personal circumstance.

They're a property agents not SS or a medical professional.

PeppermintPattie

They've no idea I've got mental health problems and I can't imagine them being particularly concerned about tenants' welfare from what I have seen...

Smodlet

You are handling this really well, PeppermintPattie, doing exactly the right thing: Asking for advice and listening to it. There are some very knowledgeable people on here... I'm just here to wave the pom-poms :jand offer moral support:)

[Deleted User]

Look up 'changing locks/key barrel' on YouTube, there's very easy to follow instructions on there.

G_M

To pick up a few points:

1) A landlord can issue a section 8 ground 10 notice as soon as there are ANY rent arrears. The court then looks at the overall circumstances and decides whether eviction is appropriate.

See: Schedule 2 (17 S8 Grounds a LL can use)

2) a landlord can use S8 ground 8 if 2 months rent are in arrears. The court then has no discretion and must evict.

3) a landlord can use S8 ground 11 "Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due." The court then looks at the overall circumstances and decides whether eviction is appropriate.

4) If the tenancy agreement says the tenant cannot change the locks, then changing the locks would be a breach of contract. The landlord could
a) sue for any financial loss (not sure what that would be...), or
b) apply to court for an order instructing the tenant to replace the locks. In a case like this, after hearing the tenant's story, the court would be unlikely to make such an instruction.

5) calling 999/the police is certainly an option if you feel threatened, but be aware it will hardly improve relations with the agent (or the landlord). It may make a S21 or S8 Notice more likely.

6) since you have communication with the landlord, who wants you to stay, talk to him. Do you have a phone number? Keep it friendly, but explain what the agent is doing, explain your concerns, and ask the LL to instruct his agent not to come round.

7) Follow up 6) with a letter to the landlord. If you can't ring the landord first, then just write a letter. Send a copy to the agent:

Dear Mr landlord,

Firstly, let me apologise for my current rent arrears. I appreciate this is not ideal, and it is not what I want, but my circumstances are difficult at present. I am paying off the arrears as much as I can (and hope to be fully paid up again by xx/xx/2016).

However I am finding the actions of xxxx agent very threatening and intimidating. The agent/he has been letting himself into my home on a number of occassions (I don't even know how many), without any warning or arrangement, sometimes when I am there and sometimes when I am out.

He has also been acting aggressively. Ths does not help i any way.

I am of course willing to discuss the arrears, or any other matter, either with you or the agent, but by appointment, not just out of the blue.

Could you kindly instruct your agent/Mr X/whatever that in future he must give 24 hours notice, unless it is an emergency (as allowed by the law)?

I regret that because of the number of times this has happened, and because of the threats and agression, I have been advised to protect myself by changing the locks.

Again - I have no problem with allowing you or your agent access for inspections or other reasonable purposes, by arrangement.

I hope you will appreciate my position, and we can resolve these difficulties.

yours sincerely,

Perrpermint

PeppermintPattie

PeppermintPattie wrote: »

They've no idea I've got mental health problems and I can't imagine them being particularly concerned about tenants' welfare from what I have seen...

thank you very much :-)

PeppermintPattie

deannatrois wrote: »

Look up 'changing locks/key barrel' on YouTube, there's very easy to follow instructions on there.

Is it something that even somebody like me with zero DIY skills could do?

marksoton

PeppermintPattie wrote: »

Is it something that even somebody like me with zero DIY skills could do?

Yes........

G_M

PeppermintPattie wrote: »

Is it something that even somebody like me with zero DIY skills could do?

Yes - if you have a screwdriver (or £2 to buy one). A pair of pliers can be useful too.

https://www.youtube.com/watch?v=VXAo7zSN-9o

Smodlet

I wouldn't know where to start changing locks... Pattie, is there no-one who can help you? A support worker/friend/neighbour/colleague/OH of same? Or you could consider paying someone, perhaps. However, if your LL is any use whatsoever, he will deal with the root problem and there should be no need to change the locks. Surely, if his agent is breaking the law it is his responsibility to correct the situation. I know, in practice there are LLs/LAs out there who think the law does not apply to them (do I?) but your LL seems to be one of the more reasonable ones.

Hang in there and I am so glad G_M is here. Got the best advice in a whole load of helpful posts for my issue. Thanks again, G_M.