Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • melliec
    • By melliec 10th Jul 18, 5:07 PM
    • 251Posts
    • 1,739Thanks
    melliec
    Letting agent harassment
    • #1
    • 10th Jul 18, 5:07 PM
    Letting agent harassment 10th Jul 18 at 5:07 PM
    My daughter had been renting with her partner for 10 months of a 12 month contract, which they wont be renewing due to the fact that they will be moving from the area. Their contract is until the 9th September but on recieving persistent calls, emails and texts they advised the agent they wouldn't be renewing their contract.

    The property has now been listed on the internet and today she has been asked if she can be there to show people around at 6pm (only a few hours notice). She refused and the agent said he could let them in with his key! Then the agent contacted her partner to say that they would come tomorrow to take pictures of the property.

    My daughter experiences anxiety and the constant contact and demands that the agent is making it causing her distress.

    As her contract isn't up for another 8+ weeks do the agents have any right to show people around her home or to be asking to come in to photograph the home?

    Any advise will be greatly appreciated.
Page 1
    • campbell19925
    • By campbell19925 10th Jul 18, 5:10 PM
    • 91 Posts
    • 101 Thanks
    campbell19925
    • #2
    • 10th Jul 18, 5:10 PM
    • #2
    • 10th Jul 18, 5:10 PM
    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.

    The property has now been listed on the internet and today she has been asked if she can be there to show people around at 6pm (only a few hours notice). She refused and the agent said he could let them in with his key! Then the agent contacted her partner to say that they would come tomorrow to take pictures of the property.
    Originally posted by melliec
    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
    Last edited by campbell19925; 10-07-2018 at 5:12 PM.
    • buggy_boy
    • By buggy_boy 10th Jul 18, 5:13 PM
    • 505 Posts
    • 375 Thanks
    buggy_boy
    • #3
    • 10th Jul 18, 5:13 PM
    • #3
    • 10th Jul 18, 5:13 PM
    That does not really sound like harassment, the letting agent wanted to know what your daughter was planning to do so the property did not get left empty... Once your daughter finally said they were going obviously they want to take photos and have viewings...

    Why don't you flip it round and suggest to the agent a day (suggest a weekend) say a few hours at a reasonable time say between 10am and 12 midday where they can do viewings. If a tenant is still in place I tend to try to do this block viewing as it is the least disruption for the tenant and actually makes the letting agents life easier.
    • campbell19925
    • By campbell19925 10th Jul 18, 5:15 PM
    • 91 Posts
    • 101 Thanks
    campbell19925
    • #4
    • 10th Jul 18, 5:15 PM
    • #4
    • 10th Jul 18, 5:15 PM
    That does not really sound like harassment, the letting agent wanted to know what your daughter was planning to do so the property did not get left empty... Once your daughter finally said they were going obviously they want to take photos and have viewings...

    Why don't you flip it round and suggest to the agent a day (suggest a weekend) say a few hours at a reasonable time say between 10am and 12 midday where they can do viewings. If a tenant is still in place I tend to try to do this block viewing as it is the least disruption for the tenant and actually makes the letting agents life easier.
    Originally posted by buggy_boy
    The letting agency should have photos from last year before she rented it. And also, even if they don't, she is under NO obligation to allow them to take photos of her flat.
    • Pixie5740
    • By Pixie5740 10th Jul 18, 5:15 PM
    • 12,419 Posts
    • 17,639 Thanks
    Pixie5740
    • #5
    • 10th Jul 18, 5:15 PM
    • #5
    • 10th Jul 18, 5:15 PM
    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.
    Originally posted by campbell19925
    Really? You can read the tenancy agreement from here, that's impressive.
    • buggy_boy
    • By buggy_boy 10th Jul 18, 5:16 PM
    • 505 Posts
    • 375 Thanks
    buggy_boy
    • #6
    • 10th Jul 18, 5:16 PM
    • #6
    • 10th Jul 18, 5:16 PM
    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
    Originally posted by campbell19925
    Agree that they should not be expecting a tenant to do the viewing or giving such short notice but it is best to work with the letting agent/landlord.... As a Landlord if the tenant has been good and amicable I am way more lenient when it comes to cleanliness and small bits of damage on check out.
    • campbell19925
    • By campbell19925 10th Jul 18, 5:17 PM
    • 91 Posts
    • 101 Thanks
    campbell19925
    • #7
    • 10th Jul 18, 5:17 PM
    • #7
    • 10th Jul 18, 5:17 PM
    Really? You can read the tenancy agreement from here, that's impressive.
    Originally posted by Pixie5740
    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.
    • buggy_boy
    • By buggy_boy 10th Jul 18, 5:19 PM
    • 505 Posts
    • 375 Thanks
    buggy_boy
    • #8
    • 10th Jul 18, 5:19 PM
    • #8
    • 10th Jul 18, 5:19 PM
    The letting agency should have photos from last year before she rented it. And also, even if they don't, she is under NO obligation to allow them to take photos of her flat.
    Originally posted by campbell19925
    The problem with using old photo's is it is not reflective of the current state which can cause problems with new tenants... There will probably be a clause in the tenancy to allow for viewings etc as long as 24hrs notice is given, yes you can refuse entry over and over but the OP wants to reduce the stress... Is it really worth the fight, much better to have a compromise.
    • Pixie5740
    • By Pixie5740 10th Jul 18, 5:19 PM
    • 12,419 Posts
    • 17,639 Thanks
    Pixie5740
    • #9
    • 10th Jul 18, 5:19 PM
    • #9
    • 10th Jul 18, 5:19 PM
    Your daughter should check the tenancy agreement, usually there is provision for allowing viewings in the final weeks/months of a tenancy. The landlord, or an agent acting on his behalf has to give 24 hours written notice before entering the property so what the letting agent proposed today was ridiculous.

    My advice would be to compromise with the letting agent. Give them days and times that work for your daughter to arrange viewings and photos. The sooner another tenant is found the sooner it will be over. The alternative is for your daughter to dig her heels in and change the locks which is an option but not necessarily a good one if she requires a reference for the next place.
    • Pixie5740
    • By Pixie5740 10th Jul 18, 5:21 PM
    • 12,419 Posts
    • 17,639 Thanks
    Pixie5740
    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.
    Originally posted by campbell19925
    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?
    • campbell19925
    • By campbell19925 10th Jul 18, 5:22 PM
    • 91 Posts
    • 101 Thanks
    campbell19925
    Your daughter should check the tenancy agreement, usually there is provision for allowing viewings in the final weeks/months of a tenancy. The landlord, or an agent acting on his behalf has to give 24 hours written notice before entering the property so what the letting agent proposed today was ridiculous.

    My advice would be to compromise with the letting agent. Give them days and times that work for your daughter to arrange viewings and photos. The sooner another tenant is found the sooner it will be over. The alternative is for your daughter to dig her heels in and change the locks which is an option but not necessarily a good one if she requires a reference for the next place.
    Originally posted by Pixie5740

    The problem with using old photo's is it is not reflective of the current state which can cause problems with new tenants... There will probably be a clause in the tenancy to allow for viewings etc as long as 24hrs notice is given, yes you can refuse entry over and over but the OP wants to reduce the stress... Is it really worth the fight, much better to have a compromise.
    Originally posted by buggy_boy

    This is very good advice by both posters.

    Even though what I said is correct - I got a bit carried away and maybe did not give the best advice - because I despise landlords and letting agents when they act like this.

    A more sensible approach would be to inform the landlord when your daughter would be available to ALLOW them access into her home. They cant just waltz in whenever they feel like it. And not at all if she doesn't want them to.
    Last edited by campbell19925; 10-07-2018 at 5:28 PM.
    • sal_III
    • By sal_III 10th Jul 18, 5:23 PM
    • 279 Posts
    • 257 Thanks
    sal_III
    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
    Originally posted by campbell19925
    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
    • By Voyager2002 10th Jul 18, 5:25 PM
    • 12,187 Posts
    • 8,303 Thanks
    Voyager2002
    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?
    Originally posted by Pixie5740

    No.


    Any part of a tenancy agreement which contradicts the relevant law has not standing.
    • campbell19925
    • By campbell19925 10th Jul 18, 5:26 PM
    • 91 Posts
    • 101 Thanks
    campbell19925
    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?
    Originally posted by Pixie5740
    "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.
    Last edited by campbell19925; 10-07-2018 at 5:28 PM.
    • Pixie5740
    • By Pixie5740 10th Jul 18, 5:26 PM
    • 12,419 Posts
    • 17,639 Thanks
    Pixie5740
    No.


    Any part of a tenancy agreement which contradicts the relevant law has not standing.
    Originally posted by Voyager2002
    To which law are you referring?
    • buggy_boy
    • By buggy_boy 10th Jul 18, 5:26 PM
    • 505 Posts
    • 375 Thanks
    buggy_boy
    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.
    Originally posted by campbell19925
    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
    • By Pixie5740 10th Jul 18, 5:27 PM
    • 12,419 Posts
    • 17,639 Thanks
    Pixie5740
    "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."
    Originally posted by campbell19925
    If the tenant has already given permission in the tenancy agreement and is given the required 24 hours notice then where's the harassment?
    Last edited by Pixie5740; 10-07-2018 at 5:34 PM.
    • FBaby
    • By FBaby 10th Jul 18, 5:28 PM
    • 16,811 Posts
    • 41,502 Thanks
    FBaby
    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
    • By sal_III 10th Jul 18, 5:30 PM
    • 279 Posts
    • 257 Thanks
    sal_III
    "Under the Protection from Eviction Act 1977 landlords must not do anything which could be deemed 'harassment', and entering a tenantís home without asking first is a prime example of this."
    Originally posted by campbell19925
    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
    • By campbell19925 10th Jul 18, 5:34 PM
    • 91 Posts
    • 101 Thanks
    campbell19925
    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...
    Originally posted by sal_III
    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.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

146Posts Today

1,375Users online

Martin's Twitter
  • Donald Trump has apologised and admits he said would when he meant "wouldn't" when siding with Putin over US inte? https://t.co/z1CRJSkEO1

  • About to watch #AckleyBridge on C4+1. I do enjoy it, even though I always feel somewhat stressed and depressed after watching.

  • RT @stevenowottny: 19/30 UK airports now charge you for spending 10 mins dropping someone off at the terminal - good investigation from @je?

  • Follow Martin