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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be livid that letting agent made unannounced inspection and took photos of our bedrooms!

102 replies

weatherall · 20/05/2014 23:01

Surely this isn't legal?

They have said the inspection dates wee on the lease but we haven't checked that yet.

The flat was in the normal state you'd expect on a school day where we've all rushed out in the morning eg beds unmade, 2 towels lying over toilet/bath, clutter in surfaces. No damage to any fixtures or fittings. They even took a close up of a hair band on the floor!!

I feel like my privacy has been intruded- this can't be legal, can it?

At the last inspection we gave ten a list of repairs needed but this was ignored.

I'm guessing this is now the landlord trying to force us out (lease up in 4 months)

OP posts:
Nunyabiz · 20/05/2014 23:07

It is in fact illegal. My husband has worked in property for 15+ years.
The requirement is that you are given 'fair notice'.
An agent always needs permission from the tenant.
Did you let the agent in? Or did they let themselves in?
If you allowed them in, I'm afraid you are at fault.
If they allowed themselves in without giving fair notice and without your approval, this is breaking and entering. Call the police.

Nunyabiz · 20/05/2014 23:08

Actually not 'breaking' as they most likely had keys Confused but certainly unlawful trespassing.

EBearhug · 20/05/2014 23:11

They're meant to give 24 hours or more notice, I thought. However, you should check if it's in the lease - but it would still be good practice to remind you that it's the 3rd Tuesday of the month or whatever it is.

I too would feel my privacy had been violated. It's bad enough when you do have notice.

weatherall · 20/05/2014 23:48

They let themselves in when we were out. It happened a week ago without us knowing. I feel quite violated tbh.

OP posts:
Nunyabiz · 20/05/2014 23:53

Check your lease. If the dates are there and you signed the lease then I'm afraid they are within their rights. If not, they are trespassing.

lessonsintightropes · 20/05/2014 23:57

They still need to give 24 hours notice regardless of what your lease says - definitely complain and if you don't have the response you are looking for, take it up with ARLA.

We were living in a property and had given permission for viewings but the couple who bought our last rented place brought in a TV company - something about young rich and househunting on BBC3 if I recall - when our home was exposed to public viewing. I felt massively violated. I didn't complain at the time but always wish I had, we were so pissed off, and I then realised why our cat had pissed all over the sofa (they'd locked her in the sitting room for filming and hadn't left her out again). I only found out because a friend was watching the show and recognised all our stuff/place. Horrendous!

holidaysarenice · 21/05/2014 00:10

If the dates are in your lease and are signed by you, then yes it is legal and you have been given warning.

weatherall · 21/05/2014 00:13

I didn't give permission for photos to be taken. Surely this constitutes harassment?

OP posts:
AgaPanthers · 21/05/2014 00:13

Letting agents are cunts and they don't give a fuck about the law because they are smarmy shits. Change the barrel in the lock and when you move out don't play nicely with them.

Fucking shit stains.

TaliZorahVasNormandy · 21/05/2014 00:16

My letting agents tried to gain entry to my property, unfortunately for them, the locks had to be changed and I never actually gave them a key.

I dont like the idea of someone just strolling into my home in my absence.

Nunyabiz · 21/05/2014 00:16

If you are covered by ARLA then you can write to them and complain, but to be honest after all that, the most you will get is an apology. But you do need to check your lease.

Nunyabiz · 21/05/2014 00:18

Don't change the locks, that will be breaking the lease which will result in eviction.
The law is on the tenants side though. You are better off just playing nicely.

AgaPanthers · 21/05/2014 00:19

It isn't breaking the lease to change the locks and you can't be evicted for doing so. There are very specific rules governing eviction, which you shouldn't cite if you don't know the first thing about them.

Nunyabiz · 21/05/2014 00:24

Hmm Ok aga Wink whatever you say.

YoureBeingASillyBilly · 21/05/2014 00:25

"Check your lease. If the dates are there and you signed the lease then I'm afraid they are within their rights. If not, they are trespassing."

They are not within their rights even if it is in the lease. You do not have to allow access to anyone during the the tenancy. Not even for necessary repairs. The only people who have a legal right to access your home are the police with a warrant.

OldLadyKnowsSomething · 21/05/2014 00:26

I don't know how often I've posted this, but neither your LL nor their LA have any right whatsoever to enter your property during the term of the lease, no matter what is in the contract, or how much notice they give. You are entitled, by law, to "peaceful enjoyment" of your home.

Of course, the downside, if you refuse access, is that your LL can give you notice to quit (no less than 2 months, and it must comply with rent-paying date) which can be a pita if you end up having to move every 6 months.

I am incredibly lucky, it seems, to have LL who haven't inspected once in over a decade; all we have to do is leave the place fit for let (not newly decorated) as it was when we moved in.

OP, I'd start scouting out what's available in your area, and saving for a deposit on a new place in 4 months time, I certainly wouldn't tolerate LL/LA like that. Even if they don't give you notice in 2 months, I'd give them notice in 3, and not allow any viewings while you still live there. LL can suck up the void period.

I'd also change the lock (and change it back when I moved out) in the meantime. And check LL/LA have properly protected your deposit, they sound very unprofessional.

YoureBeingASillyBilly · 21/05/2014 00:27

Aga is correct. It isnt breaking the lease to change locks. You must however provide a copy of the new key to your LL or letting agent.

Nunyabiz · 21/05/2014 00:29

Exactly- so why would you change the locks? Lol

YoureBeingASillyBilly · 21/05/2014 00:30
Hmm

Well thats up to the tenant. I was just pointing out that aga was correct.

OldLadyKnowsSomething · 21/05/2014 00:34

How would the Ll/LA ever know you'd changed the locks without giving them a copy, if they weren't trying to gain illegal access?

If you have a friendly relationship with your LL, as I do with mine, the issue would never arise; my ll have a copy of my keys, as does a near neighbour (with same LL) in case of emergency.

But they've never tried to use them, in over a decade.

In OP's case, I'd change the barrel in a heartbeat. Let them complain, and admit their offense!

AgaPanthers · 21/05/2014 00:35

It isn't necessary to provide your LL/LA with a copy of the key, and I certainly wouldn't in the circumstances described.

In an emergency (fire or similar) the landlord can gain access with a locksmith.

OldLadyKnowsSomething · 21/05/2014 00:37

In an emergency (fire or gasleak) they'd chop down the door, not hang around for locksmith/ll/la with keys. Grin

AgaPanthers · 21/05/2014 00:42

Specifically:

(a) the tenant has an absolute right to change the locks.
(b) there is no legal reason at all to give a copy of the key to the landlord, but the landlord should be given reasonable access (i.e. with proper written notice and for good reason). If the landlord is NOT given reasonable access then he might be able to evict the tenant, but only following court proceedings, which aren't attractive for the landlord (it's usually better to do a 'no fault' eviction at the end of the lease)
(c) if there is a clause in the tenancy agreement prohibiting the tenant from changing the locks, then this clause is likely to be legally unenforceable, as an Unfair Contract Term. It is therefore the same as having no clause at all (in which case the tenant can change the locks).
(d) a clause that permits the tenant to change the locks but requires him to give a copy to the landlord might not be considered Unfair, but the remedy for breach for the landlord is likely to be rather limited - it's unlikely eviction proceedings would succeed on this basis.

Basically if you piss the landlord off they are most likely to evict you at the end of the tenancy agreement.

weatherall · 21/05/2014 00:52

We don't want to stay bey

OP posts:
weatherall · 21/05/2014 00:54

Beyond the end of the tenancy anyway.

It's too small, too expensive and has lots of repairs needed the ll has refused to do eg damp, TV Ariel hanging down side of wall (risk of injury if it falls)

OP posts: