AIBU to be really angry that my landlord's agent came into my flat without warning, while my son was in bed asleep?

[Solopower]

Well, he did send an email, two days ago, but I didn't see it, as there was something wrong with the server.

According to my son (aged 17) he knocked on the door and called out, but when he got no reply, he just let himself in. Clearly he had come prepared with the keys.

My son, half asleep and thinking that I was in the flat and dealing with it, didn't get up (it was 9.30 am and he was on holiday) until a woman half pushed open his door. When she saw there was someone in the room, she didn't open it fully. She must have told the factor, who then called to my son to get up and get dressed so that they could come into the room. Which my son did, very quickly, and only just before the door opened fully to admit 3 strangers. No one apologised to him.

The agent was there because they were surveying the cracks in the walls, btw.

I am livid!

But aibu?? And what should I do?

Londonone, of course I would have said yes! Apart from anything else, it's in my interests if the flat doesn't fall down around our ears ...

Actually I think if it says on your tenancy agreement that maintenance issues are being looked at then if notice is given then the LL does have the right,

They didn't just barge in did they? They knocked, called out and received no response. Of course they are going to have a set of keys, we let a property and have a set of keys should we need to gain access fr whatever reason.

They were not just checking the condition of the property and seeing if you were a good tenant, they were resolving a maintenance issue, that if was being ignored no doubt you would be on here complaining what a crap LL you have.

Jeez, and breathe ......

I think you sound like a good and very reasonable tenant solo, it may not be your bricks but it is your home.

Well it may be then that given you have always said yes to reasonable access requests and you have a good relationship the ll/agent mde a mistake this time and assumed you were agreeing as they hadn't heard otherwise. Given that there is a good relationship I would certainly say something but I would not recommend some of the rather strident and aggressive approaches being recommended on this thread, as I fear they may well backfire. Also I think your title is misleading they both emailed nd knocked and shouted but your son ignored them! Yes they didn't do the right thing but my guess is the thought that no respOnse meant you didn't object

If the landlord generally communicates by email, and has never had permission to enter refused before, then I can understand why he might have assumed consent.

If you reported the cracks, then he is trying to do the right thing and sort them out surely?

However - his attitude upon finding your son in bed, if accurate, was wrong and I can understand why you are upset about that.

I would email back and ask him not to enter the property again until he has received your verbal or written permission.

I think the issue that some other posters (including me) have pointed out is that although a tenant is legally entitled to refuse non emergency entry, change locks etc this could jepodise the tenancy being renewed in the future. I think this is also an important point to consider.

Toughasoldboots - ravenAK final sentence suggested that access would be refused altogether.

Also obviously I would give notice as appropriate ie after the first six months or two months notice

Landlord must give 24 hr written notice in Scotland.

Out of interest, what is the position if a tenant does refuse entry for repairs or maintenance? What if access if essential for, say, a gas certificate?

So the landlord would have to go to the trouble and expense of going to court in order to carry out the annual gas safety check, which is required to keep the tenant safe?

I would rather annoy the tenant and receive a stroppy letter than not do the check and risk them dying of carbon monoxide poisoning.

Maybe the title is misleading - but even if he gave warning, I didn't receive it. My son thought I was dealing with it. He can't hear much from his room and at first he thought the noise was coming from outside. When he realised they were inside, he thought I had let them in.

No, the agent knew I was going to be outraged, and he didn't care. He's a nasty piece of work.

I did report the cracks and he came round and looked at them, a couple of weeks ago. He told me he wasn't going to do anything about them (or the leaking boiler) because money was short. He gave me no reason at all to expect him to be back.

The other thing is, this agent knows how careful I am about arranging to be in when anyone comes round. As I have said before, we have always communicated politely about these issues, and I have never been at all difficult. I used to invite my landlady in for a cup of tea, and do her shopping when she was unwell (she lived next door). My son used to take her rubbish down the stairs. She gave me her keys when she went away, I gave her my phone number so she could ring if she needed anything in the night - etc etc. We were good tenants! She liked us, and we liked her. She even gave me a box of jewellery to look after, twice, when she went away. I felt very uneasy about that, but didn't want to worry her, so I agreed. She invited us round for a New Year's meal, we looked after her when she was alone at Christmas. So many things. A few years ago there were two incidents on the stairs with a drunken tenant and a violent fight. I intervened in both of those (I am absolutely terrifying in my pyjamas!) and sorted the problem.

Not relevant, I know, but still.

They only have to give you 24/48hrs notice and if you normally accept email correspondence from him then he would have been within his rights.

not correct. the landlord/agend has to give notice but the tennant has to expressly consent to them coming into the home. just sending and email and letting themselves in is not legal.

I disagree that it's like handing over short term ownership tough, of that was the case I'd expect my tenants to make repairs and sort out issues. I
Acknowledge that my properties are my tenants homes and respect that fact but at the end of the day each property is a very valuable asset and I think I should retain certain rights over it, even during a tenancy.

Are all these rules the same in Scotland?

The thing is, although it is important to know what your rights are, what can you do when they are infringed? All I can do is complain to the agent, and if he chooses to use that as an excuse to present me as a problem tenant to the new owner, out of sheer malice, he could do, couldn't he, and then, perfectly legally, he could give me notice to leave.

I need to live in harmony with people. I'm quite a nervous person and worry a lot about these things. My son is in his final year at school and I don't want anything to disturb him.

However, it helps to know that he has to wait for my permission (if that is also true in Scotland). I think that is something that I could draw to his attention. I'm not going to let him bully me or my son, wither.

Yes, wither!