Letting agent entered property for viewings without 24 hours written notice as required

FTB2021HELP

Hi all

We served our landlord notice to vacate and invited them round to discuss viewings/why we are leaving (buying a house) and to confirm any maintenance issues. We said we are happy for viewings to take place and that the letting agents can contact us directly to arrange. 

The day after I had a call from the agent and they asked for me to provide a video tour (which I did) and they also wanted us to provide them our spare key which we had to drop off. 

I spoke to the agent last Friday to confirm that viewings were to take place between working hours if possible otherwise we will be at the property. They said they would confirm viewings next week. 

I didn’t hear anything from the agents at all, no call or email or text. 

I got home today and noticed internal doors were open which means someone had been in the property. I called the agents and they confirmed that they had held viewings today. I said do you realise that you have not provided us with written notice 24 hours in advance for the viewings? 

They spoke to their colleague who I think confirmed that we did not have written notice however the manager wasn’t in so they couldn’t check with her as well. I said I haven’t received anything, no texts, calls or email. 

We left our money, personal information out as plain as day and the house was an absolute tip. All which would have been put away and tidied prior to viewings. We really get on with our landlords and I don’t want to fracture the relationship. However I feel violated that this has happened after trying to be really accommodating as well as work we aren’t obliged to I.e a video tour & key drop off.  

They are meant to be having further viewings tomorrow which I was only told about when I asked. 

My tenancy agreement states I must receive written confirmation 24 hours prior to all viewings. Our landlords didn’t care if we were to allow viewings or not, they let us decide and understood and we decided to allow as they have been kind to us. 

As well as violated I am annoyed that this has happened. 

1. Is there anything I can do?
2. Should I speak to the landlords and tell them what has happened?
3. Can I refuse tomorrow’s viewings/viewings after this?

thank you 

kazwookie

Why did you give them a key?

You did NOT need to do that.

canaldumidi

Rather than escalate this, try to resolve amicably though firmly.

Write to the manager and copy the landlord (or vice verse) reiterating that

a) you're happy tofacilitate viewings

b) but only by prior arrangement/agreement, and

c) only in working hours.

You do have the option to change the locks to prevent them ignoring your criteria, but given that you do not want to be present yourselves and are happy for them to have a key, that won't help in this case unless you choose to over-react and deny all access for all viewings.

FTB2021HELP

kazwookie said:

Why did you give them a key?

You did NOT need to do that.

I didn’t know that we did not have to provide a key until you said this, I really wish I didn’t now. We gave them a key for ease as we have 3 and our landlord has 1. The agents are just finding tenants and the actual property is managed by the landlords. As I said, the landlords have been good to us and so we didn’t think giving the agents a key was a big deal and we’re trying to help our landlords replace us especially with it being so close to Christmas. 

FTB2021HELP

canaldumidi said:

Rather than escalate this, try to resolve amicably though firmly.

Write to the manager and copy the landlord (or vice verse) reiterating that

a) you're happy tofacilitate viewings

b) but only by prior arrangement/agreement, and

c) only in working hours.

You do have the option to change the locks to prevent them ignoring your criteria, but given that you do not want to be present yourselves and are happy for them to have a key, that won't help in this case unless you choose to over-react and deny all access for all viewings.

Thank you for your advice. We of course don’t want to change the locks and would not want to cause hardship on our landlords by refusing viewings. 

Countrysider

Agents do this to me all the time. The last one called to arrange a time but then come 4 hours earlier and let themselves in when I wasn't there. I think in their mind this counted as them giving me notice. 

In answer to your question

FTB2021HELP said:

1. Is there anything I can do?
2. Should I speak to the landlords and tell them what has happened?

I honestly think the best you can hope for is a verbal apology. You certainly won't get any financial compensation from either the agent or landlord and - to be blunt - you're shortly not going to be their concern anymore as you're moving out. I'd be worried about them dragging their feet getting your deposit back. 

Regarding: 

FTB2021HELP said:

3. Can I refuse tomorrow’s viewings/viewings after this?

You certainly could do that. It'll be an escalation from their POV but i'd probably do it too. Remember though that letting agents can turn very nasty very quickly. 

SDLT_Geek

FTB2021HELP said:

We served our landlord notice to vacate and invited them round to discuss viewings/why we are leaving (buying a house) 

Just checking: You did not give notice I hope before exchanging contracts on your purchase?  If you unadvisedly did this, then there might be more reasons to "keep in" with the landlord.

FTB2021HELP

Countrysider said:

Agents do this to me all the time. The last one called to arrange a time but then come 4 hours earlier and let themselves in when I wasn't there. I think in their mind this counted as them giving me notice. 

In answer to your question

FTB2021HELP said:

1. Is there anything I can do?
2. Should I speak to the landlords and tell them what has happened?

I honestly think the best you can hope for is a verbal apology. You certainly won't get any financial compensation from either the agent or landlord and - to be blunt - you're shortly not going to be their concern anymore as you're moving out. I'd be worried about them dragging their feet getting your deposit back. 

Regarding: 

FTB2021HELP said:

3. Can I refuse tomorrow’s viewings/viewings after this?

You certainly could do that. It'll be an escalation from their POV but i'd probably do it too. Remember though that letting agents can turn very nasty very quickly. 

Thank you for the advice. I can’t believe this happened to you as well, feels like an invasion of privacy! I think we will say no to tomorrow’s viewings but allow others if we have agreement in advance so we are not being completely unreasonable. 

FTB2021HELP

SDLT_Geek said:

FTB2021HELP said:

We served our landlord notice to vacate and invited them round to discuss viewings/why we are leaving (buying a house) 

Just checking: You did not give notice I hope before exchanging contracts on your purchase?  If you unadvisedly did this, then there might be more reasons to "keep in" with the landlord.

We did give notice (2/12) prior to exchange which I know was a huge risk for us. Luckily we have now exchanged (9/11) and completed (12/11). 

saajan_12

FTB2021HELP said:

Hi all

We served our landlord notice to vacate and invited them round to discuss viewings/why we are leaving (buying a house) and to confirm any maintenance issues. We said we are happy for viewings to take place and that the letting agents can contact us directly to arrange. 

The day after I had a call from the agent and they asked for me to provide a video tour (which I did) and they also wanted us to provide them our spare key which we had to drop off. 

I spoke to the agent last Friday to confirm that viewings were to take place between working hours if possible otherwise we will be at the property. They said they would confirm viewings next week. 

I didn’t hear anything from the agents at all, no call or email or text. 

I got home today and noticed internal doors were open which means someone had been in the property. I called the agents and they confirmed that they had held viewings today. I said do you realise that you have not provided us with written notice 24 hours in advance for the viewings? 

They spoke to their colleague who I think confirmed that we did not have written notice however the manager wasn’t in so they couldn’t check with her as well. I said I haven’t received anything, no texts, calls or email. 

We left our money, personal information out as plain as day and the house was an absolute tip. All which would have been put away and tidied prior to viewings. We really get on with our landlords and I don’t want to fracture the relationship. However I feel violated that this has happened after trying to be really accommodating as well as work we aren’t obliged to I.e a video tour & key drop off.  

They are meant to be having further viewings tomorrow which I was only told about when I asked. 

My tenancy agreement states I must receive written confirmation 24 hours prior to all viewings. Our landlords didn’t care if we were to allow viewings or not, they let us decide and understood and we decided to allow as they have been kind to us. 

As well as violated I am annoyed that this has happened. 

1. Is there anything I can do?
2. Should I speak to the landlords and tell them what has happened?
3. Can I refuse tomorrow’s viewings/viewings after this?

thank you 

Sounds like a misunderstanding that "viewings to take place between working hours" didn't mean "green light, anytime during working hours, go go go". They should have been the ones to double check though.

However there's nothing YET to suggest they want to push for free reign with the viewings. So try writing to them, clearly stating that you are willing to accommodate viewings as a gesture, but these must be with 24 hours notice and agreement with you on convenient times. If this is not abided by, then access will be withdrawn. 
To test it, you could leave something behind the door to detect if they've been in without the requisite notice again. 

1. Is there anything I can do? -> About the the last access, not really unless you think something has actually been taken. 
2. Should I speak to the landlords and tell them what has happened? -> Yes, they'll have more sway with the agents (employed by the LL). Inform them that you're disappointed, want to be helpful but need certain notice and will have to withdraw the access if the agents can't comply. 
3. Can I refuse tomorrow’s viewings/viewings after this? -> I'd say yes.. contractually you may have agreed to allow access upon sufficient notice in your tenancy agreement (check). However since they've violated this, I don't think it would be unreasonable to refuse access until you can agree a new plan going forward. This won't fly forever, but get a plan agreed with the LL and agent in writing, then reinstate access. 

canaldumidi

What is a little unclear from your posts is exactly what your preference is. Please select option!:

1) you are happy for them to have a key and access the property in your absence

2) you are happy for them to have a key and access the property in your absence, but only if you have advance notification (eg so that you can hide away valuables)

3) you are happy for them to have a key and access the property in your absence, but only after advance agreement of each visit

4) you would prefer to always be present rather than have the agent+applicants in your home in your absence

5) you would prefer to always be present rather than have the agent+applicants in your home in your absence, and only at specific times eg between 4.00 PM and 6.00 PM(or whatever) or 9 - 5 at weekends (or whatever).

Once you've decided in your own mind what you'd prefer, you can

* make that clear in writing and

* decide whether it's appropriate to change the locks (obv not if you are allowing access in your absence!).

The degree of flexibility you offer is up to you.