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Letting agent harassment

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  • sal_III
    sal_III Posts: 1,953 Forumite
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    The good news, and please advise her of this immediately is that they have no legal right to enter HER property until HER tendency ends.

    She can simply say no to viewings. They can give 24 hour notice but if you don't want them to come in they have to legal right to.

    I had this problem with my landlord and once I made them aware that I was AWARE of my rights they soon backed off and tried a much calmer approach.

    I also find this unbelievable. Who do they think they are demanding she show them around ?? You have legal rights and I would threaten them with action

    Depends on what's in the contract, early viewings are often part the clauses. You don't have to agree to all of them, but shouldn't deny them unreasonably. Granted in this case less than 24h notice is unreasonable request.

    What legal actions are you going to threaten them with?

    @OP, harassment is a bit harsh for couple of call from the agent trying to arrange viewings. Granted EAs are sometimes a bit pesky but what you describe is rather normal. Just because your daughter has anxiety, doesn't make someone actions into harassment.

    As other suggested - either get her to a agree specific days well in advance with the EA, or better yet, let her partner deal with it, if she isn't comfortable.
  • Voyager2002
    Voyager2002 Posts: 15,303 Forumite
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    Pixie5740 wrote: »
    Here we go again....

    If the tenant has agreed to viewings in the tenancy agreement then they have given permission already. That is why it is important for the OP's daughter to check her tenancy agreement.

    To which LAW are you referring?


    No.


    Any part of a tenancy agreement which contradicts the relevant law has not standing.
  • campbell19925
    campbell19925 Posts: 203 Forumite
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    edited 10 July 2018 at 5:28PM
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    Pixie5740 wrote: »
    Here we go again....

    If the tenant has agreed to viewings in the tenancy agreement then they have given permission already. That is why it is important for the OP's daughter to check her tenancy agreement.

    To which LAW are you referring?

    "Under the Protection from Eviction Act 1977 landlords must not do anything which could be deemed 'harassment', and entering a tenant's home without asking first is a prime example of this."

    So.. yeah... that LAW.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    No.


    Any part of a tenancy agreement which contradicts the relevant law has not standing.

    To which law are you referring?
  • buggy_boy
    buggy_boy Posts: 657 Forumite
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    The LAW is simple. Regardless of what a tenency agreement says. In law, the landlord is obliged to give his tenant 24 hours notice and enter at reasonable times of the day only with the tenant's explicit permission.

    Your correct, and I agree it is unreasonable to expect to enter without notice although not unreasonable to ask if it is ok as if it suits both parties there is nothing in Law to say it has to be 24hrs... The OP wants to reduce the hassle so it is best just to give the letting agent a window that they can arrange viewings, it means the letting agent does not have to keep phoning the tenant to see when they can do a viewing etc....

    Letting agents often go back a few tenancies and phone landlords, I know ive been asked, do you think doing your tactic the landlord is going to give a good reference? your position seems a bit infantile. If you were my tenant I would obviously work around you but if you were so belligerent I would want the property back in exactly the same condition as it was received in minus wear and tear and if asked in the future I would say you were very awkward and would not let to you again which could affect you getting a property.

    Is it worth it?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    edited 10 July 2018 at 5:34PM
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    "Under the Protection from Eviction Act 1977 landlords must not do anything which could be deemed 'harassment', and entering a tenant!!!8217;s home without asking first is a prime example of this."

    If the tenant has already given permission in the tenancy agreement and is given the required 24 hours notice then where's the harassment?
  • FBaby
    FBaby Posts: 18,367 Forumite
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    Take control in your hands and tell the LA what you expect from them in line with what you signed on the agreement. Don't let them bully you or make you think you are being unreasonable.

    Say how many viewings you are prepared to do a week, and when. Make it clear that they are NOT to enter the property when you are not there.
  • sal_III
    sal_III Posts: 1,953 Forumite
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    "Under the Protection from Eviction Act 1977 landlords must not do anything which could be deemed 'harassment', and entering a tenant’s home without asking first is a prime example of this."
    But the EA asked.... Granted with less than 24h notice, but they are not known for their patience.

    And then offered to enter with the management set of keys if the time proposed is not suitable for the tenant. Again not uncommon request.

    And when that was refused, the EA DIDN'T enter the property. So what law was broken?

    So much overreaction for such a trivial matter...
  • campbell19925
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    sal_III wrote: »
    But the EA asked.... Granted with less than 24h notice, but they are not known for their patience.

    And then offered to enter with the management set of keys if the time proposed is not suitable for the tenant. Again not uncommon request.

    And when that was refused, the EA DIDN'T enter the property. So what law was broken?

    So much overreaction for such a trivial matter...

    I think you are miss-understanding. I am not saying any law has been broken, because it hasn't. I'm saying what the EA are threatening - e.g coming in to the OP's daughters house when they want without permission (using own key) or without 24 hours notice would be breaking the law if it was to happen so I'm saying she should understand what rights she has to stop this from occurring.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    I think you are miss-understanding. I am not saying any law has been broken, because it hasn't. I'm saying what the EA are threatening - e.g coming in to the OP's daughters house when they want without permission (using own key) or without 24 hours notice would be breaking the law if it was to happen so I'm saying she should understand what rights she has to stop this from occurring.

    I think we are talking at cross purposes. I am not suggesting that the letting agent can enter the home whenever they like just that as long as there is provision for viewings in the tenancy agreement and the agent has given the required notice then they can enter. Whether they should enter when a tenant has expressly told them not to is another matter entirely.
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