Managing Agents threatening to break in

[Deleted User]

Are there any circumstances in which a managing agent can break into our flats and have the locks changed.

I dont want to say too much on an open forum but it is nothing to do will illegal activity or forfeiture. It is to do with non essesntial reports prior to us taking over the RTM. We feel they are trying to use up our prepaid service charges before takeover.

m0bov

Id be calling 101!

atrixblue.-MFR-.

No one has right to break into your rented property without going through the proper channels I.E a warrant. Threats to do so is considered harassment alarm and distress Call 101 and Report them and get a CRIME ref no (police wont do nothing but it will back you up when they do break in).

G_M

atrixblue.-MFR-. wrote: »

No one has right to break into your rented property without going through the proper channels I.E a warrant. Threats to do so is considered harassment alarm and distress Call 101 and Report them and get a CRIME ref no (police wont do nothing but it will back you up when they do break in).

Indeed.

But I'd also write to them, depending the form the "threatening to break in" took.

Dear Sirs,

Further to your letter/phonecall /email / conversation whatever today / on xth May during/in which you said: "(whatever threatening words they used)", I should like to remind you that without having followed proper legal procedures, any forced entry into our premises would be a criminal offence and would be reported to police.

Furthermore any repeat of your threat to do so, whether by letter, phonecall, email etc would constitute harrasment and would likewise be reported.

Yours sincerely

BBH

[Deleted User]

Thankyou all and thanks GM that's very helpful.

benjus

Do you have a solicitor handling the RTM process? Have you asked them for advice? A stiff letter from a solicitor might be just the thing here.

Anyway, if the property is residential then even in the case of forfeiture the landlord cannot legally gain access other than via a court order. There is a provision for "peaceable re-entry" by the landlord but for residential properties the protection from eviction laws trump it. I assume you haven't had a Section 146 notice?

[Deleted User]

Yes the property is residential and no 146

[Deleted User]

I have heard back from them this morning saying the freeholder has to legally manage the building until we take over and reiterating that they will get in and have the locks changed at our expense.

They have totally glossed over the fact the tenants are unwilling to let them in and that the police will be called if they try to enter.

Guest101

BBH123 wrote: »

I have heard back from them this morning saying the freeholder has to legally manage the building until we take over and reiterating that they will get in and have the locks changed at our expense.

They have totally glossed over the fact the tenants are unwilling to let them in and that the police will be called if they try to enter.

Look it's simple, if it's communal locks they can do what they like.


If it's individual residential locks then you call the police.

[Deleted User]

There are no communal areas there is as the Lease describes a hallway that forms part of the demise of each flat, it is about 2mtr by 1 mtr.

Guest101

BBH123 wrote: »

There are no communal areas there is as the Lease describes a hallway that forms part of the demise of each flat, it is about 2mtr by 1 mtr.

Well presumably there's a front door? I don't know obviously. But in any case, that's the general rule