Not Moved Out Yet but Agent Letting Themselves in (Rental)

click86

Hi there

I'm looking for some advice, please.

My family and I are due to move out of rented accommodation in around a months time.

It came to our attention today that the letting agents (different agent to who we are currently letting with) have entered our property today without notice, nor permission.

I phoned the Agent in question and they confirmed that they had in fact been in the property to show another potential Tennant around it.

As we are in the process of moving, we had several personal financial documents out that we are in the process of sorting through, including bank statements with our names on. Items had also been moved in the house.

I'm looking for some advice as to whether there is anything I can do regarding this, as I am definitely not happy.

Many thanks

diggingdude

Change the locks till you move out. Remind all they are not coming in again unless it suits you

financegeek

I'd change the locks and refuse to allow them access for any viewings unless i was present / already moved out.

G_M

Write to your landlord, and send a copy to the agent.


Tell him that you understand the need for him to advertise the property as you are leaving on xx/xx/xxxx, and for viewings, but politely remind him that you expect 24 hours notice of any viewings.

If you want to be present, then also state that and ask (again politely) that timings of any viewings be agreed with you in adavance.

Yes- change the lock just to ensure compliance. Keep the old lock and put it back when the tenancy ends. See
https://www.youtube.com/watch?v=LA580cRHXDY


Contrary to advice above, both morally and legally this is about compromise. No point making life unecessarily difficult for the LL, just as no point him making your life difficult.

Find a middle way.

Oh, and legally, you have almost certainly agreed contractually to permit viewings in the fianl month/2 months. Check your tenancy agreement!

(though I agree in practice it's hard for a LL to enforce this)

saajan_12

click86 wrote: »

Hi there

I'm looking for some advice, please.

My family and I are due to move out of rented accommodation in around a months time. - great, are you coming to the end of a fixed term, or have you served (valid) notice, or has the court granted a possession order? If none of those, then your tenancy wouldn't end and you could end up liable for on going rent.

It came to our attention today that the letting agents (different agent to who we are currently letting with) have entered our property today without notice, - not good.. they should give 24 hours notice nor permission. - are you sure? check your tenancy agreement, you likely gave the LL permission for them or their representative to access (sometimes limited to final x months or for specific purposes).

I phoned the Agent in question and they confirmed that they had in fact been in the property to show another potential Tennant around it.

As we are in the process of moving, we had several personal financial documents out that we are in the process of sorting through, including bank statements with our names on. - if you have given permission through the agreement, then while you should ahve had notice, it is possible to have people walking around your home.. woudl be prudent not to keep these lying around. Items had also been moved in the house. - that's not good and shouldn't have happened.

I'm looking for some advice as to whether there is anything I can do regarding this, as I am definitely not happy. - write to your LL reminding them of your right to notice, and stating if this is not respected again, then you will be refusing all viewings.

Many thanks

You can change locks to make absolutely sure no one can surprise visit. However you likely have agreed to give access for viewings etc. So if refuse access or change the locks and can't be available to let them in, then the LL could potentially sue you for losses eg lost rent if the can't show and thus relet the property. THis may be hard for them to prove, but contractually they would be in the right, and it's likely not worth it for you to take the chance.

[Deleted User]

People say things like this, same old same old, but has anyone heard of a successful case in the UK courts?

I think the outcome is somewhat debatable, and it just isn't worth it to a LL.

Besides which, the tenant can compromise and agree to allow some tenant viewings while they are present. I just don't see a judge agreeing that because a tenant is leaving the property, LA's (who she doesn't know) and the LL should be allowed to bring round unknown people to view - looking at her private possessions, possibly going through cupboards etc, without the tenant being given the opportunity to be present.

Even in the last month, there is still a right to quiet enjoyment. That statutory right overrides what a TA may say.

G_M

deannatrois wrote: »

People say things like this, same old same old, but has anyone heard of a successful case in the UK courts?
You're right - it is very rare (No, I've never heard of it personally but that doesn't mean it has never happened) for a LL to enforce access via the courts for viewings
a) too much hassle
b) too slow (tenancy probably ended before court hearing)

But that does not alter the legality of such an action.

Nor the moral obligation.

Nor the common sense of compromise.

....
Besides which, the tenant can compromise and agree to allow some tenant viewings while they are present.
Indeed. the sensible approach.

I just don't see a judge agreeing that because a tenant is leaving the property, LA's (who she doesn't know) and the LL should be allowed to bring round unknown people to view
If it were to go before a judge, I think that's exactly what the judge would agree.

Subject to the proper notice (usually 24 hours), and the appropriate consent via the tenancy agreement, a LL or his representative should/would be allowed to bring prospective tenants round.

- looking at her private possessions
well obviously not - it's the property the prospective tenant is viewing, possibly going through cupboards etc,
again, obviously not

without the tenant being given the opportunity to be present.
In a civil, reasonable scenario, the LL/LA and tenant would agree timings of viewings and whether the tenant did or did not wish to be present.
Failing this, in a strictly legal scenario, where one or other side did not wish to compromise, the LL has the right of reasonable access (subject to the above-mentioned conditions AND the condition below.

Even in the last month, there is still a right to quiet enjoyment. That statutory right overrides what a TA may say.

'Quiet Enjoyment' is not a statutory right. Unless I'm mistaken in which case please quote the statute.

It is a 'Common Law' right. As such, it is not unconditional. The tenant's right to QE must be balanced by a number of other conflicting rights - one of which is the LL's contractual right to access for viewings in the final month.

Neither of these takes absolute precedence over the other, and in a legal dispute the judge would take into account the precise circumstances, and apply a test of 'reasonableness' to each conflicting claim before ruling way way or another.


As extreme examples:
* if the LL had been bringing round 2+ prospective tenants a day 7 days a week, or doing so at anti-social hours, then the judge would tend to agree with the tenant's claim to infringement of his 'Quiet Enjoyment'.
* if the tenant had refused all access and changed the locks, the judge would tend to agree with the LL's claim to a contractual right of (reasonable) access in the final weeks of the tenancy

click86

Thank you for the responses so far. Its much appreciated.

We have always granted access when the agent has requested.

Its more the principal of their actions that has bothered us on this occasion without providing the adequate notice.

osc89er

I agree with the changing of the locks.

The fact that you have accommodated all viewing requests makes it worse that the agent has violated the privacy of your home. I'd say they have lost your trust and a lock change is in order (many locks are both cheap and easy to temporarily replace).

Eg euro lock barrels (as seen in pvc doors) just need a measuring tape to measure and a screwdriver to replace). Yale latch locks are also easily replaced diy.

System

Every time someone posts "The Agent let themselves in or I didn't give permission for access" the default reply from many people is change the locks.


All tenancy agreements will have a clause that state to not change the lock so by doing so you would be in breach of your tenancy agreement possibly leaving you open to some sort of compensation claim by the landlord should they not be able to re let due to lack of access, they may not be successful in this claim but it is added hassle for all.


Agreed the LA/LL should be giving the correct notice and I would also be annoyed if someone entered my home without notice, I rent as well, but this can be resolved and remember the quicker a new tenant is found then the quicker the request for viewings will stop and you can then just get on with sorting your move in peace.

OscarFoxtrot

Simonr66 wrote: »

Every time someone posts "The Agent let themselves in or I didn't give permission for access" the default reply from many people is change the locks.


All tenancy agreements will have a clause that state to not change the lock so by doing so you would be in breach of your tenancy agreement possibly leaving you open to some sort of compensation claim by the landlord should they not be able to re let due to lack of access, they may not be successful in this claim but it is added hassle for all.


Agreed the LA/LL should be giving the correct notice and I would also be annoyed if someone entered my home without notice, I rent as well, but this can be resolved and remember the quicker a new tenant is found then the quicker the request for viewings will stop and you can then just get on with sorting your move in peace.

Isnt that the crux of the matter. If requests for viewings were made they would not even know about the change of locks because the tenant could just let them in.


You conveniently didn't pint out the breach by the LL and his agents. Which can also lead to a claim. The OP had £300 on the side in the kitchen after all...