Can a landlord's agent ask for access to the property

[themessygarden]

DD is in a rented apartment in London, 1 year lease, due to expire in August. She had notified the agent of a small issue a few weeks ago. The agent messaged yesterday to ask if she could have access to the apartment today, said it was for the 'issue'.

Daughter said yes, agent showed up today with some people who seemed to be viewing the apartment, when DD asked about the issue, the agent didn't have time to discuss.

Should they be notified that someone is viewing the apartment?

The agent did ask her if she was planning to renew the lease and my daughter said yes.

Your DD needs to check the wording of her contract.

Normally LL and agent have access to the property to carry out essential maintenance eg gas safety, repairs etc. But they need to give reasonable notice except in an emergency eg gas leak, burst pipe.
It would be unethical and probably unlawful to claim they were visiting to look at a maintenance issue when the real reason for the visit was to arrange a viewing. But your DD might have to demonstrate that she had been damaged by this to claim any redress.

I note that your DD said they seemed to be viewing the appartment. I am assuming that if this was the case they would be prospective buyers rather than prospective tenants, as August is a long way off. It is possible that the LL is planning on selling. They could not demand that she move before her lease expires however so it would not leave her in a worse position than she is now. They may also not be interested in using the property themselves and might keep it on the rental market.

I think in your DDs position I would write to the agents and ask for claification referring back to the contract. Something alo g the following lines

eg I authorised a visit yesterday for you to look at a maintenance issue (section xxx of my contract). When you visited, you were accompanied by two other people and did not address the maintenance issue. Please clarify what you were doing as I regard this visit as an infringement of my contractual right to quiet enjoyment of the property (ref section xxx of contract). Also, you have failed to address the maintenace issue flagged on date.

@HeatonGroveDD thank you !

DD checked the contract and it does stipulate she needs to allow access for the purpose of showing prospective buyers or tenants around, with 24 hours notice in writing.

My dd messaged her to ask what was the purpose of the visit, and she said they were looking at purchasing another apartment in their building.

She checked their website and they do have an apartment in the same building for sale, but the photos are not of DD's apartment. So she clearly couldn't get access to that one, so decided to access DD's apt.

Not very professional or ethical.

From one renter to another
It’s fucking horrible not knowing what the hell is going on and being disregarded like that

Did she get the issue sorted?
Does she have the landlords details?

That is bizarre
I'd ask for information in writing about why they were there

Also, your DD gave permission for the agent to access - not anyone else.

Their issue is not sorted, no, she totally lied about why she wanted access. Unfortunately the landlord is a company not a private landlord.

Good point @EmmaH2022 about access being granted to only her.

Should DD write and say that her apartment is not available to be shown to anyone outside of the terms of the tenancy agreement, which stipulates prospective buyers of their apartment only, and not prospective buyers of other apartments in the building.

She would probably lie anyway and say it was someone looking to buy or rent her place,or would she have to produce proof ?

This agent has been a slime ball since day 1.

It's quite good that it's a company
I would email and say "I gave permission for agent to visit in relation to x problem. Agent visited with others and did not address the problem. I did, not at any stage, give permission for viewings, nor was that permission requested". Keep it factual.

Is the agent a sole trader or does she also work for a company? I'd cc them on that. Even if she has proof that someone was looking to buy, she didn't ask permission for viewers to come by.

Be sure to keep all messages. But hopefully if they get the message "don't try taking the piss" - they won't.

@EmmaH2022 thanks !

I just checked out the details of the real estate company they are renting from, , turns out to be the same address as the real estate agency, and the director is the same. So they obviously have an estate agency and a property rental portfolio company. Grrrrr.

The agent and the director of both companies are the same nationality, so I am guessing maybe somehow connected,

It's not a big estate agency, they only have about 10 properties on their books for sale.

The last thing DD wants is her apartment to be used as the showing apartment for the one they are selling, I don't know if she can refuse..

Yes message the company and tell them what the agents done have done, these arsehole agents just trample over people and a lot of the time landlords don’t know (sometimes they care sometimes they don’t), but either way they’ve stopped her quiet enjoyment of the property, entered under false pretences (not within the terms) and not even sorted the issue!

Maybe post on the legal board
But i am quite sure they can't show her property in lieu of another

Wouldn't this be covered under "quiet enjoyment" ? That was a totally unwarranted intrusion, disguised to get permission to enter.

www.kdllaw.com/legal-updates/quiet-enjoyment-what-does-it-mean

I don’t know if she can refuse

She absolutely can, even if it was for renting her apartment she can. It’s the quiet enjoyment term she needs to use

However she may need to box clever if she wants to stay on in august.

Although given what you’ve written I’d be thinking about moving on if I could afford it.

How did the agent message? Do you have it in writing that they said they were coming to deal with the maintenance issue?

You can raise a formal complaint with the agency and if they don't deal with it to your satisfaction, you can go to whichever redress scheme they belong to (property agents have to belong to a scheme by law in the UK). I don't think a complaint will make any difference to how they behave in the future though. Some agencies that think the laws and rules don't apply to them. It is worth having a complaint in writing just in case there are any further disputes in the future that require involving environmental health or legal action... I suppose you can ask for a day's pay as compensation if your DD had to take time off to be there.

I don't suppose they are a very small, independent agency in North London whose name begins with N?

She can refuse to allow access to the agent for a purpose that is wholly unconnected to the property i.e. to showcase the home as an example of another purchasers could buy/rent.
You'll normally find me disagreeing with those posters who insist she can refuse all access because of her right to quiet enjoyment as, in law, that is tempered by reasonable clauses in the tenancy for access, including showing prospective purchasers/renters around (that was formerly considered to be a reasonable term by the OFT)
In these circumstances however IMO it would not be held reasonable so she can refuse.

@chesirecat99, it was a WhatsApp message. DD sent me a photo of it and she clearly states 'for the pipe', when DD asked for the name she replied 'it's me'.

It is a small independent agency in central London, beginning with letter A.

Thanks everyone, tenancy is a minefield. @EvilPea, she does want to stay, she loves it and it is very convenient for her.

@Boomboomboomboom your points is what I think too.

I have posted on the Legal board now, thanks for the suggestion.