Letting Agent entered property when Ill in bed

[Brittaniagirl]

Please tell me if I’m overreacting as Letting agents are not concerned?
Notice given on flat and move date set for next week so flat is full of boxes/packing material and frankly a mess. Asked for pause on viewing of new tenants as next door is empty and is mirror image of this flat. Came home from work early yesterday feeling very fluey, aches and sore throat, went to bed to keep warm and try and sleep it off. A couple of hours later doorbell goes but I ignored it, then knock at door also ignored. I could hear keys in the lock and struggled out of bed to see the agent standing in hallway! I wasn’t dressed and was furious, he said he thought it was ok as I wasn’t in and hadn’t answered door. I ended up screaming at him to get out and immediately called the office to be told by the same person I spoke to last week about pausing viewings that that conversation had never happened!
I'm so upset and feel violated, and as they have keys how many times have they been in here? Why would anyone want to view a flat that is in complete disarray in the process of a move. The whole episode has really upset me and to make it worse the new place is with the same agent! AIBU?

Did they send you an email to let you know they were coming? I believe they have to give you notice before entering, IANAL but I think it's 24 hours at a minimum. Email them and tell them they do not have permission to enter without giving you the minimum required period of notice.

Did you receive 24 hours notice minimum they would be coming? Unfortunately if they gave that notice even if you asked them not to come legally they still could have entered.

I have sympathy regardless but not sure what you can really do in the situation other than file a complaint if they didn’t give the notice? But not sure what the remedy for that would be.

Agent sounds bad if they’ve lied on the phone so do you really want to continue letting from them? If you don’t have a choice then in future suggest you ensure all calls are followed up with an email - but unfortunately you can’t ban them access if they request it and give the 24 hours notice.

Your right to quiet enjoyment of the property you’re still paying for overrides anything in the tenancy agreement regarding viewings. At least, that’s what I was told when I was in the same situation. I refused all viewings while I was still paying rent. My landlord wasn’t happy, sent me quite a few horrible messages, but I stood my ground.

And the 24 hours notice thing just means they have to give that, they still don’t have the right to enter without your permission unless it’s an emergency.

This. I wish tenants had better knowledge of their rights. They are NOT allowed to enter under ANY circumstances unless a dire emergency (fire, gas leak etc) whether they give 24 hours notice or not, without your consent. Your right to quiet enjoyment trumps basically everything else. You don't have to allow viewings at all, even if its a clause in your tenancy agreement. Clauses can't be enforced if they go against your statutory rights as a tenant

I’d tell them you refuse all viewings from now on. They may parrot that you have to allow them as per your contract, but remind them that your legal right to quiet enjoyment overrides that. If you think they will try to enter regardless then change the local barrel, just make sure you put the original back when you leave.

I’d give them merry hell and reuse entry from now on. They have broken the law possibly.

That happened to me once too. I was pregnant and not doing well at all. I have no idea what the fuck they were thinking, that they could just walk in like that.

It's so easy to feel violated isn't it.

We were renting and had given notice. My DH was working abroad at the time so just me in the house. The letting agent were told viewings only during the working day whilst I was out. However give me 24 hours notice as per agreement so I can tidy. I came home one day and opened the door to find a light on and curtains moved I ended up asking a male neighbour if he could go ahead of me thinking someone had broken in. I had left personal paperwork on the side, clean clothing on the bed including my underwear and they had locked my cat outside. I was absolutely fuming and when I rang them I just got told that I'd allowed day time visits. Yes with notice as you knew I was a lone female at the time.

https://england.shelter.org.uk/housing_advice/private_renting/what_to_look_for_in_your_tenancy_agreement/landlord_access

Not a lawyer but I do think you have to give access for viewings if it’s in your contract. Regardless I don’t think a viewing prevents you reasonably enjoying your property - maybe if it was non stop 9-5 for days on end and at weekends but the odd viewing here and there I don’t think you’d have a case…

even if other posters are correct re just banning viewings, I’m not really sure how you can prevent this practically.

are you really going to pay to change the locks when you’ll be moving out so soon? Are you really going to consider going to a tribunal over this with all that cost and stress if you’ve said no and they ignore particularly if it’s in your contact you have to allow them.

I’m not pro landlord / agents but it’s unfortunately the reality that the system is!

Tenants don’t have as many rights as they should have automatically in England, and even if the rights they do have are breached the sad truth is what is the actual remedy?

I go back to my original point about what does the OP actually want to happen out of the situation? An apology? Realistically won’t happen if they’ve lied and what will an apology do after the fact? No more viewings? Definitely not an option I think the agents would agree to if it’s in the tenancy contract and notice is given.

if you’re staying with the same agents I think the best you can hope for is sending an email noting your “complaint” and ensuing they email though any future viewings with minimum 24 hour notice etc.

and you can bad mouth the flat to prospective tenants whilst they’re viewing but all you’ll do is piss off agents who unfortunately have power over you with regard to getting back your full deposit and promptly sorting out any potential issues in your new property!

incorrect! It doesn’t matter what is in the contract, the law overrides all of it and the law allows tenants to refuse it. Please check before stating incorrect info

Did you receive 24 hours notice minimum they would be coming? Unfortunately if they gave that notice even if you asked them not to come legally they still could have entered.

This is incorrect. The tenant needs to give permission unless it's an emergency or they have a court order to enter.

Also just because something is in a tenancy document doesn't make it legally enforceable - I could put in there that the tenant has to make me dinner every Tuesday,
but no court is going to enforce that clause!

Tell them no more viewings. Do it in writing - either by post or email - and say that you expect there to be no more viewings as you've said and if anyone enters your home (which is what it is while you are paying for it) you'll be going through their complaints procedure and redress scheme if necessary.

This is why as a LL I won't use agents. So many of them think they're above the law.

and you can bad mouth the flat to prospective tenants whilst they’re viewing but all you’ll do is piss off agents who unfortunately have power over you with regard to getting back your full deposit and promptly sorting out any potential issues in your new property!

This is not an issue that a letting agent could use to claim any of the deposit.

And the suggestion that they could use it against the OP in sorting issues is precisely why there is now deposit schemes and for agents the redress schemes. It's nonsense to suggest the OP should have forfeit the legal right to quiet enjoyment of her home to prevent illegal actions by an agent.

I am not trying to be antagonistic, which law says this please?

as far as a quick internet search I did check, so I’m interested to see where it says that they can’t enter?

Dear god. The incorrect advice on this thread is so frustrating. If you are not 100% sure you know the law do not waste everyone’s time with a post based on what you think is correct. .

They do not need to agree to viewings at all
Neither the agent nor the landlord can let themselves in even if they have given 24 hours notice
The letting agent have no power over the return of the deposit as its held with a third party.

When we were selling our house the estate agent had a key for the viewings. They notified us of each viewing via text, we sold on the first day. I came home one day at lunch time from work, and had a phone call from them saying the parents of the buyer had some questions following their viewing. They’d used the key to give them a second viewing without letting us know! Luckily the house had been tidy but I was absolutely mortified as we could have had anything out! We collected the key from them immediately after that. I was so pissed off, I could have been doing anything when they turned up!!

Exactly this. No one can enter your home if you refuse, the 24 hour notice is emergencies only, not for viewings. I would encourage you to argue that point with the estate agent if they get in touch again.

Tenants do have more rights than you think. The OP is well within her rights to stop the viewings, they cannot legally access the property without the tenants say so. No change of locks needed, it’s illegal end of! Any actual solicitor who is familiar with property law would tell you so.

All deposits are should be held in a deposit protection scheme. This should, in theory, eliminate any bitter and petty attempts at disputing a deposit and ensures it’s returned promptly.

Genuinely so curious how you can write 8 paragraphs of wrong advice when you are clearly no expert!

Had similar about 10 years ago. Citizen Advice Bureau advised that we can legally refuse entry to the agents irrespective of what the contract said. The landlord could not keep the deposit because of this, but the landlord/agent could refuse to provide references should we needed them to move to another rental. We were buying our own property, so we refused all viewings thereafter. Note that this was 10 years ago.

I am not trying to be antagonistic, which law says this please?

as far as a quick internet search I did check, so I’m interested to see where it says that they can’t enter?

The Housing Act 1988 states that a landlord must give a tenant 24 hours notice and get the tenants permission. The Landlord and tenant act (can't remember the year) also has similar provision.

What a lot of landlords forget is that if something is in the tenancy then basically that means you can go to court to try and enforce it.

If they don't pay the rent, you can go to court and ask them to make them pay.
If they don't leave when asked, then you can go to court and ask them to evict.
If they refuse access you can go to court for a court order to gain access. Depending on what the access is for you may or may not be successful.

Putting it in the tenancy doesn't mean you can just barge in.

I had a similar thing happen when I rented a few years ago. I had agreed one Wednesday to them coming over and said I would be out between 5-8pm.
The next week on the Wednesday at 7.30pm I was literally in the shower, with the bathroom door open and my two you young children asleep in their beds when I heard a man in my hallway downstairs!!!!

I was livid! They said they thought I meant every Wednesday which was absolute bullshit, all communication was over email so they didn’t have a leg to to stand on.

I hit the roof and refused all further viewings until I moved out 2 months later. Quiet enjoyment is a legally protected right under the tenancy act. You do not have to let ANYONE enter the property during your tenure unless in the case of an immediate emergency i.e. fire, gas leak, imminent dander situation,

Did you receive 24 hours notice minimum they would be coming? Unfortunately if they gave that notice even if you asked them not to come legally they still could have entered.

That isn't correct. They only have the right to enter for emergency safety reasons.

Not a lawyer but I do think you have to give access for viewings if it’s in your contract.

Also incorrect. A contract doesn't override the law.

who unfortunately have power over you with regard to getting back your full deposit

And also incorrect. Held in an independent deposit scheme now, if the agents want to make deductions they need to have good justification.

This - they were trespassing entering without your permission, notice or no notice still trespassing

It’s for precisely this reason I always always change the locks when renting. Landlords and estate agents think they are above the law and can do what they want.

I never allow viewings and a maximum of 1 inspection per year plus essential maintenance.

No they couldn't. Bloody hell, will this myth ever die?!