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?

You absolutely DO NOT have to give access for viewings whatever may be in your contract.

Quiet enjoyment. It's very clear from case law and legal precedent that this overrides any request the landlord might have to enter the property outwith essential safety visits.

I always put a chain on the door. Real estate tried this with me, years ago, when renting. Gave me almost no notice, I told them not to come but they did anyway. I came into the living room to find their hand scrabbling around trying to reach the chain. They didn't get in though. I stood and watched their arm and then it withdrew and I went back to bed.

This is a common misconception but not true.

They absolutely cannot enter your home without express permission. They have no right to enter for inspection, repairs or anything else. And no, clauses in your lease saying they can do not change this fact.

We once viewed a house to rent where the ill tenant was actually in bed and we all stood in the doorway viewing to room as he lay there. It was so awkward and embarrassing and I really wish they had just said to come another time. Totally inappropriate. We didn't take the house.

This. You can write whatever you want in a contract but the principle of quiet enjoyment overrides all, and if your tenant refuses entry, you should not be entering the property unless a REAL emergency, even if that means getting a court order. Landlords and letting agents often seem to think they can do what they like.

You have completely misinterpreted that. You may be in breach of your tenancy agreement if you do not allow access, but they still CANNOT let themselves in without your consent, unless actual emergency.

I am a lawyer.

I've shared this story on here before, but when we had this issue (I was living with housemates, letting agent let themselves in for a viewing despite me explicitly telling them not to because I worked nights so was asleep during the day) one of my housemates went and bought 'granny porn' mags from our local dodgy shop which he placed tastefully around the living room and bathroom, and we bought rat and cockroach traps and left them very visibly in the hall as you came in.
Funnily enough we always got a call and a reminder to 'tidy up first' after that.

Appreciate this won't work if you have young kids at home, but thought the solidarity might help!

Tenancy law over rides a contract. It doesn't matter what your contract says, tenancy law over rides this. Letting agents and landlords do have to give 24 hours notice, but you can refuse this. Unless you have given your consent, then they cannot enter your property even with the 24 hour notice.
Some will try it on, but you have the law on your side with this. They also cannot with hold your deposit either for not allowing entry.

Appalling how much false information there is on here. It’s frustrating as a landlord but it’s the law, you can’t just go in regardless of notice/contracts, whatever if the tenant refuses access (unless there’s an emergency, as a pp said). Even when my tenant stopped paying rent, I didn’t go anywhere near the house, tough shit, you have to suck it up as a landlord.

Estate agents are reptiles, and thats an insult to reptiles. Send them a "cease and desist" and threaten to call the police and charge them with harassment if they call again without permission. If you dont need a reference leave a bad feedback on every review site when you leave and across the internet generally. Leave some prawns (or similar) in a hidden place they wont think of. After a short time the stink will put any viewers off.

Why do they even have keys?

Even though you are a tenant, you control who comes through that door - not the landlord, not the agent. They cant use the spare key unless they have your consent.

It doesn't help for this week but if you rent again you are legally allowed to change the door locks. Then replace them with the originals when you leave the tenancy. Inform the landlord and estate agents of this. Then they have to give you notice for entry and can never let themselves in.
A less involved option is to put a door chain on, then least you can keep them out when you're in the property.
I don't miss renting. Having your privacy invaded by all and sundry at any hour of the day is exhausting.

You do not have to agree to viewings at all. You are paying rent and have the right to quiet enjoyment. That is literally what you are paying for

The right to quiet enjoyment overrides anything in the Tenancy agreement as it’s a statutory right.

I’ve been watching that slum landlords thing on channel 5 and found myself shouting at the telly when the two women from the northern letting agency just march in homes with ‘well we gave you 24 hours notice’. Showing that on tv unchallenged doesn’t help people’s understanding

You are so, so wrong.

By law, she does not have to let them in unless for emergency repairs. They might try and put that in their contracts, but their contracts do not override the law.

They also cannot withhold or fuck about with deposits because of this. The court would absolutely rule in tenants favour.

You are completely wrong. Tenants have a Statutory right to quiet enjoyment. That means no one comes in without express consent.

Unless there’s an energy, eg a fire. That does not include wanting to make more money from the next tenant.

Shit like that absolutely enrages me.

I am very unpopular with a couple of landlords locally after giving tenants advice on their actual rights.

One did rather amusingly embarrass themselves by commenting on post "another shit tenant that's out to shaft landlords & encouraging other tenants to do the same" and my two tenants both said "That's my landlord" 😂

I do with the amazing pilot scheme my local council had for a while had stayed in place (cutbacks saw it removed, despite it being very successful) and been rolled out everywhere. It was brilliant.

You're slightly incorrect here. I was responding to an article linked by a poster, that the poster had misinterpreted. It states that you have quiet enjoyment and you can be in breach of contract. Both things can be true. I also clearly said the OP did not have to facilitate viewings.

In this scenario, the landlord would have no remedy as the tenancy is coming to an end and no judge would grant an Order for entry in this scenario. They can and do grant Orders in a landlord's favour in other scenarios though. I've both applied for and defended applications for same.

Please read what a poster is responding to before commenting 🙂

Not actually true
Even with 24 hours notice a Tenant can refuse entry at any time
I usually advise not to but you are within your rights not to allow access at all.
OP the best thing to do is to give the Lettings Agents specifc slots for viewings and tell them that you do not allow viewings at any times outside those slots so not to even ask.

Thank you for your patronizing drek .
The contractual term is null, void and therefore unenforceable as it purports to override a statutory right.

I have been a solicitor since 1994. So you’re not that special love