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    • 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 2
    • Pixie5740
    • By Pixie5740 10th Jul 18, 5:39 PM
    • 13,294 Posts
    • 19,148 Thanks
    Pixie5740
    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.
    Originally posted by campbell19925
    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.
    • sal_III
    • By sal_III 10th Jul 18, 5:41 PM
    • 653 Posts
    • 667 Thanks
    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.
    Originally posted by campbell19925
    I think you misunderstand/misread the OP. Where does it says that the EA threatens to enter without permission?
    • mchale
    • By mchale 10th Jul 18, 5:48 PM
    • 1,745 Posts
    • 965 Thanks
    mchale
    "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.
    Originally posted by campbell19925

    You do realise that act is to say at the very very least vague in what
    constitutes a offence/criminal act
    Last edited by mchale; 10-07-2018 at 5:51 PM.
    ANURADHA KOIRALA ??? go on throw it in google.
    • buggy_boy
    • By buggy_boy 10th Jul 18, 6:19 PM
    • 546 Posts
    • 406 Thanks
    buggy_boy
    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.
    Originally posted by Quizzical Squirrel

    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
    • By theartfullodger 10th Jul 18, 6:20 PM
    • 9,923 Posts
    • 13,506 Thanks
    theartfullodger
    You do realise that act is to say at the very very least vague in what
    constitutes a offence/criminal act
    Originally posted by mchale
    Yes, but note that well-known case,R v Burke, 1991..


    Offence of harassment can arise despite no breach of civil law
    • buggy_boy
    • By buggy_boy 10th Jul 18, 6:33 PM
    • 546 Posts
    • 406 Thanks
    buggy_boy
    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.
    Originally posted by Quizzical Squirrel

    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?
    Last edited by buggy_boy; 10-07-2018 at 6:36 PM.
    • m0bov
    • By m0bov 10th Jul 18, 8:05 PM
    • 1,390 Posts
    • 969 Thanks
    m0bov
    Change the locks and if they try to force entry call the police.
    • melliec
    • By melliec 10th Jul 18, 8:43 PM
    • 251 Posts
    • 1,739 Thanks
    melliec
    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
    • By dlmcr 10th Jul 18, 9:41 PM
    • 155 Posts
    • 206 Thanks
    dlmcr
    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
    • By FBaby 11th Jul 18, 7:23 AM
    • 17,026 Posts
    • 41,947 Thanks
    FBaby
    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
    • By scd3scd4 11th Jul 18, 8:08 AM
    • 994 Posts
    • 891 Thanks
    scd3scd4
    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.
    • sal_III
    • By sal_III 11th Jul 18, 10:10 AM
    • 653 Posts
    • 667 Thanks
    sal_III
    Change the locks and if they try to force entry call the police.
    Originally posted by m0bov
    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.
    Originally posted by scd3scd4
    Please don't do that. It is most likely explicitly forbidden in the contract. Even if it's not it can be considered criminal damage and alteration to the property which is most definitely forbidden in the contract.

    Especially then there is zero indication that someone has or will entered the property without consent.
    • JuicyJesus
    • By JuicyJesus 11th Jul 18, 10:46 AM
    • 3,347 Posts
    • 3,713 Thanks
    JuicyJesus
    I'll be honest, the OP of this thread sounds thoroughly unreasonable and needlessly antagonistic towards the landlord and letting agent.

    No they don't have to take viewings but there's also no point being needlessly obstructive unless you want to get the same treatment back when you want something.
    urs sinserly,
    ~~joosy jeezus~~
    • m0bov
    • By m0bov 11th Jul 18, 11:29 AM
    • 1,390 Posts
    • 969 Thanks
    m0bov
    Please don't do that. It is most likely explicitly forbidden in the contract. Even if it's not it can be considered criminal damage and alteration to the property which is most definitely forbidden in the contract.

    Especially then there is zero indication that someone has or will entered the property without consent.
    Originally posted by sal_III

    Total twaddle!
    • scd3scd4
    • By scd3scd4 11th Jul 18, 12:42 PM
    • 994 Posts
    • 891 Thanks
    scd3scd4
    Please don't do that. It is most likely explicitly forbidden in the contract. Even if it's not it can be considered criminal damage and alteration to the property which is most definitely forbidden in the contract.

    Especially then there is zero indication that someone has or will entered the property without consent.
    Originally posted by sal_III

    Load of old rot. No damage will be been done and it can simply be returned to its previous state.
    • parkrunner
    • By parkrunner 11th Jul 18, 2:03 PM
    • 1,527 Posts
    • 2,471 Thanks
    parkrunner
    I'm a tenant and have always viewed properties while they were still tenanted, therefore I do the same and allow sensible viewings. Harassment like hero is a very over used word.
    • lookstraightahead
    • By lookstraightahead 11th Jul 18, 3:10 PM
    • 580 Posts
    • 534 Thanks
    lookstraightahead
    Nope I wouldn't be putting myself out to save the agent and landlord time and money. I would give a couple of suitable times when I was not around to let them view (with the agent or landlord) and they would have to work around me and my home.

    If the walked into my house I would call the police because I would see it as threatening behaviour.

    I know we've had a few threads like this but anyone who thinks it's ok to waltz into someone's house, especially with strangers, does not value people's privacy.
    • campbell19925
    • By campbell19925 11th Jul 18, 3:42 PM
    • 146 Posts
    • 181 Thanks
    campbell19925
    To be fair, they're not just waltzing in, they have given notice.
    Originally posted by Quizzical Squirrel
    Notice that he's going to turn up tomorrow and let himself in with keys doesn't count...
    • D_M_E
    • By D_M_E 11th Jul 18, 4:17 PM
    • 1,991 Posts
    • 67,804 Thanks
    D_M_E
    If the tenant is leaving at the end of the contracted period then surely there is no need to give notice?

    Just move out and take loads of photos after cleaning the place, read and photo all the meters and inform the utility companies, claim back deposit from whatever scheme it's in and make sure the keys are handed back on the day or the day before.

    Also notify the council and finalise the council tax bill.

    Another vote for ignoring the agent.
    • Smodlet
    • By Smodlet 11th Jul 18, 4:43 PM
    • 4,197 Posts
    • 7,507 Thanks
    Smodlet
    Whilst I am completely against this idiotic proposal by the government for 3 year tenancies, I think forcing viewings on tenants is inherently wrong. I know how much of a violation viewings can feel when you are selling your own house from choice. It is high time the law was changed to eliminate this invasion of privacy.

    Why should any tenant have to care about their LL's, let alone LA's voids? It is so not their problem.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
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