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Letting agent harassment

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135

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  • sal_III
    sal_III Posts: 1,953 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 you misunderstand/misread the OP. Where does it says that the EA threatens to enter without permission?
  • mchale
    mchale Posts: 1,886 Forumite
    edited 10 July 2018 at 5:51PM
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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."

    So.. yeah... that LAW.


    You do realise that act is to say at the very very least vague in what
    constitutes a offence/criminal act
    ANURADHA KOIRALA ??? go on throw it in google.
  • buggy_boy
    buggy_boy Posts: 657 Forumite
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    I'm practically hysterical about viewings when I'm renting and would refuse everything if I could but even I understand that there would likely be consequences of refusals.

    So as one anxious renter to another, I would say:

    1) agree to it but with parameters.

    2) you could try to make the place look bad by strategic, corridor and light-blocking packing. There's all kinds of things you can do, without looking in any way deliberate, and I've become a black-belt master at this. Sometimes it works and the agent advises the landlord to wait until you've left.

    3) if you get to viewings, do not try to skupper them. I've been there, done that out of sheer spite and frustration and it just makes it worse. You really want them to find someone quickly, then they'll leave you alone.

    4) get out of Dodge. Do not show people round, do not be there. You may hear awful things and it feels like an invasion.
    Just go out, let them do their thing with the key, and pretend it isn't happening.

    In short, it's only as bad as you want to make it. I have learned this the hard way. In fact, it doesn't have to involve you at all.


    1) totally agree, if you are worried take control and tell the letting agent when it is acceptable to arrange viewings

    2) Why would you bother, the sooner the landlord finds someone the sooner viewings will stop. Letting agents rarely use photo's of hallways and have flashes so lighting not a problem.

    3) Totally correct and in contradiction to number 2.

    4) Good advice, asking a tenant to do a viewing is unprofessional and unreasonable.
  • theartfullodger
    theartfullodger Posts: 14,652 Forumite
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    mchale wrote: »
    You do realise that act is to say at the very very least vague in what
    constitutes a offence/criminal act
    Yes, but note that well-known case,R v Burke, 1991..


    Offence of harassment can arise despite no breach of civil law
  • buggy_boy
    buggy_boy Posts: 657 Forumite
    edited 10 July 2018 at 6:36PM
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    Not a contraction, the idea of (2) is to stop the whole process in its tracks before you get to the viewings in (3).
    The agent/landlord comes round and sees that it's a no-go, photos will be awful, let's wait until the tenant has gone.


    Really? No they will just limit the number of photos and use old ones... Do you really think a landlord/agent will think oh damn the tenant wont let us take good photos, never mind we will wait and have the property empty for possibly a few months missing out on potentially thousands of pounds?... I don't think so..

    Plus add to that landlords are not stupid, so again you are back to a landlord/agent being very critical about the tenancy end property condition and a less than glowing future reference.

    Is it really so much to ask?
  • m0bov
    m0bov Posts: 2,527 Forumite
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    Change the locks and if they try to force entry call the police.
  • melliec
    melliec Posts: 255 Forumite
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    Thanks for all the replies. :)
    I used 'harassment' to imply that my daughter feels harassed, rather than as a legal definition. The agent had been contacting her daily to ask for updates on whether she was thinking of renewing her tenency for 3 weeks before she knew herself. As only a months notice is required and this is well outside of that month it felt quite unreasonable.

    The main query we have now is whether she needs to agree to any visits before the official 1 month notice period. It seems that they have forced her into giving notice early and now are ignoring her right to 'quiet enjoyment' in favour of making sure there is a new tenant to go in.

    After reading some great advice from all the posters on this thread we are going to do the following:
    .Check tenancy agreement details.
    .Email agent advising that viewings etc will only expected in last 28 days of tenency with 24 hours notice and on specified times/ days to suit my daughter.
    .Advise agent that entry without permission for viewings is not permitted.
    . Advise agent that my daughter is vulnerable to the effects of excessive stress and request that all communications are by email/letter only.
    .Copy in landlord and speak to landlord (who she has met) about
    agent being a bit pushy.

    Hopefully this will at least set some parameters that both parties can work around!
  • dlmcr
    dlmcr Posts: 182 Forumite
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    Ladies and gentlemen. Please stop going on and on about this law maybe being broken and that law maybe being broken. It doesn't matter. Even if such and such law has been broken nobody is going to enforce the breach of the law, the police aren't interested nobody is interested. It doesn't matter, it's irrelevant, all you are doing is getting worked up and arguing with each other about something that has no bearing on the situation.


    We had this nonsense last year while we were renting for a short time before completing on our current place. They started going on and on about getting viewings booked in as soon as we gave notice. I work from home so advised the letting agency we would need to work together to arrange mutually convenient times and dates for viewings to take place.



    The lettings agency were unfortunatelyt peopled by individuals who were unable to adhere or understand what such a concept was and how it might work in reality, So we changed the lock and ignored them. Many frantic emails and calls from agency ensued, all ignored!



    We were not bothered about whether we got a reference, obviously you might want to make up a reference from your friend "landlord" if you do something like this and then move into another rented property.
  • FBaby
    FBaby Posts: 18,367 Forumite
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    Copy in landlord and speak to landlord (who she has met) about
    agent being a bit pushy.
    If she's met the landlord, I'd start there, just to explain her intention to set up what she is happy with with the AE so that she can get her support first.

    She needs to remember that AE are in business to attract LLs. One key selling point is to minimise void periods between tenancies to minimise costs on the LL.

    However, many LLs will accept that a time of voids between tenancies is normal and respect that it is not the problem of the current tenant.

    In the end, your DD's position stands with or without the LL's agreement, but in the case that the LL is a reasonable person and themselves not big supporter of the AE actions, it would be good to show some respect by informing them first.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    Change the locks and tell them when they can come around, be reasonable. All the rest in drama..........ohhh and I don't care what the LAW says or don't say. They would still be standing outside.
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