Security Cams Caught Estate Agent Entering Property Without Permission - Recourse?

[MyEAIsABitOfATwonk]

Hi,

Need opinions on whether we are overreacting. Bit long, will aim for brevity but apologies if I miss anything.

We are selling a property. The property was tenanted with a friend who I lived with pre-DH and when they decided to move out we put the property up for sale.

Accepted a low offer on the basis of a quick completion. It has absolutely dragged on way past agreed timescales and it's all become very fraught with estate agents for all the usual reasons, won't bore you with it all.

Our only 'bargaining chip' to push the buyers to move faster was access to the property. We had allowed them in twice to measure up, but they had family visiting last week and asked to show them around. We said not until their solicitor responded to ours regarding searches. On Tuesday last week we got notice of a viewing - this agent has a process for access where you always get an automated text & email notice of a viewing - so we contacted the EA and asked what they were doing, they apologised and the viewing was cancelled.

Wednesday EA asked us again to allow the viewing and we reiterated 'no' as we still had no response to our solicitor.

When the property was vacated we installed security cameras. We did not notify the EA of this.

Wednesday evening the security cameras alerted DH and I that someone was in the property. We looked at the feed and it was the EA! And about ten other people. They entered the property and the EA clearly spots the camera, looks shocked and immediately runs over to the camera and unplugs it. I whizzed over to the property (arrived 30 minutes later) and it was empty, with security cameras switched off and facing the bloody wall. They left the property completely unsecured.

We immediately tried to call the agent but it was after hours. The agents called back the next day apologising and that the branch manager - who was now on leave - must have been "confused" about permission - clearly untrue as we never had the usual automated text/email.

The branch manager called me on his return and repeated over and over 'you must remember we spoke, you must remember we spoke and you gave permission' when we never had a conversation that day (confirmed in phone records). It was so creepy. He has since said DH gave him permission. Essentially, as if it isn't obvious, he's lying.

We have since complained to the Area Manager who has said that the branch manager said we gave permission and has cited a phone call to DH that morning, but they are ignoring our multiple calls that night, emails about the unexpected access the next day, and general reaction that surely shows we had no idea.

What should we do? Calm down? Ombudsman? It's all just really annoying how they are lying, but it is worse because of how poor they've been handling the sale and, frankly, I'm inclined to a but of a mission of vengeance so maybe I should just let it go?

Advise me, darling vipers!

Ask them for their formal complaint policy. Put in a complaint in accordance with that. You probably have to wait 8 weeks after that to take to the ombudsman anyway (not sure) so hopefully will
have completed before then. Put in a claim for a refund of some of the fees.

There isn't an offence of breaking and entering. The closest is burglary, which is trespass with an intent to steal, inflict bodily harm on an individual, or do criminal damage.

Disabling the security camera might be criminal damage, but the chances of police investigating or CPS prosecuting are negligible.

This is a civil trespass, the best that OP could hope for is an injunction against the EA preventing them from doing it again.

Or seeking redress and compensation from the estate agent for breach of contract, nuisance, and inconvenience caused.

I thought of a good one to clobber them with… put in a Subject Access Request for every email and document pertaining to you, your property and the sale.

You’ll soon find out what the link between the agent and the buyer is, how hard they moved the sale along (the main job of an agent imvho) and how hard they worked for you!!

When we were selling my parent’s house the buyer was dragging their heels. Wanted access to “measure up” and then to “start the rip out for redevelopment “! Needless to say we refused. Eventually it went on so long that I contacted the agent (previously my sister had dealt with the agent) and said that unless they had signed by 5pm that day I was remarketing and if the agent didn’t do as instructed I would move agents. Once they realise you mean business they can do it, but you have to mean it.

I would definitely go to the ombudsman as they have clearly ignored your instructions and then panicked when they saw the camera.

Another vote for SAR

They left the property completely unsecured.

Does this concern the cameras or do you mean they hadn't locked the doors?

Wondering if, having been caught, they decided to leave it unlocked so the buyers could return without the EA and they could claim they didn't know.

It's all got a bit Watergate hasn't it ?😀

Somethin Fishy going on. Complain in the highest order in order to ' free' yourself from their agreement. Estate agents are mostly fine but there are some really dodgy ones out there. Somethin DODGEY!!!!!!!! Theyre trying to stall the sale for some reason ( probably in order to snap it up themselves,). Cut yourself Loose!!!!!! It will only get worse aftet trust has been broken.

My estate agent pissed me off - utter incompetence that meant they had no idea who was in the chain despite me telling them repeatedly they were wrong, and me accepting the low offer based on them allegedly being chain free - so I went to the area manager and they knocked 0.5% off their commission. Yours is way worse than mine so I’d expect more than £100!

I guess it depends how far you want to take it but if they say they had a call with DH you could always show them call history/logs etc.

The estate agent was showing our house while we were on holiday. Loads of viewings booked all on one day. The ring doorbell showed a number of groups turning up and no one letting them in as estate agent didn't bother to turn up until an hour late. Interesting what these cameras show!!

Submit a subject access request to the Estate Agent specifying you require a copy of the recorded call where your husband gave permission for the viewing!

Hi OP, not sure if anyone else has suggested it but do consider telling your sol not to settle your EA invoice and you will deal with it direct. I still can't believe there is no regulation to EA's and some lie all the time (in my experience!)

God, that's disgraceful. They're basically gambling on 'your word against theirs ' on the permission and sticking to it, which is gasslighting, isnt it? Scumbags.

They've breached your trust and now gaslit you. I would give them an ultimatum something along the lines of 'in fairness to the buyer so they don't lose out, if the sale is to proceed it will be at zero commission. If not we will take out business elsewhere'

100% this.

It's easy to advise to pull out, sell with another agent, contact the Ombudsman etc but all of that doesn't grt what you want which is your house sold.

Ironically the EAs behaviour is aiming and probably will do exactly that. Pushing back against it has a cost in terms of time and money.

They know you are aware, push for as much money off the fees as possible and for them to chase the chain for what is holding this up and take the keys back off of them.

To be honest. It looks like they have broken in to your property. They have the keys and gained access without your permission. I would call the police.
why were there around 10 people there? After hours as well you said?
I would literally walk away. Sounds so dodgy and not to be trusted. Not only did they unplug the cameras but turned them the other way? Why? Why do that? It’s so weird. They can’t be trusted. They basically broke in to your property. I would get rid of them.
I would also pull out on the sale of the property to. It sounds like it’s taking way longer than expected.
none of it sounds right. Report them to the police. So cheeky to call you a liar as well when they knew damn well what they’re doing is wrong.
change the locks. See how long it takes them to reach out to you.

Hi all, just a quick long overdue update for anyone interested.

We decided to withdraw from the sale and relist the property. We issued an ultimatum and it was honestly quite bizarre how little the agent seemed to care. But we knew we'd made the right decision as we immediately felt relief at no longer having to deal with that agent anymore!

It was slightly hilarious as they sent us a list of names of 35 'viewers' to pass on to the new agent to ensure there was no client overlap, and reminded us that should any of those people ultimately buy they would still be owed a commission. I took great pleasure at going back through that list and showing that, in fact, only 15 people had viewed, which included 7 members of the buyers family, and how there was no planet on which we would be selling to them anyway.

The property was re-listed within two weeks with the new agent and we had 4 offers - 2 at the same price we were selling for before. So we've opted to go for the most viable buyer in the 'simplest' position, deposit funds have been verified and it just feels so much more straightforward (so far!!!). Sure, we will be paying out more in mortgage, but such is life.

The head office 'investigation' into the unapproved/illegal access resulted in them taking the side of their branch manager (shocker) though the compensation increased from £50 to £150. Needless to say, we declined. We have just submitted a complaint to the EA ombudsman, and whilst I doubt it will go anywhere, it might at least be a bit annoying for them.

Thank you all for not making me feel silly about it. xx

Good update OP, hope your sale now completes quickly and stress free.

How unprofessional those former agents sound, but good move to go to the ombudsman, they're usually pretty toothless but if it causes the former agents a bit of hassle then they've deserved it.

Delighted to hear that. Can’t help thinking agents who behave so reprehensibly will have more complaints against them in the pipeline. Hopefully they will add up to some sort of sanction in due course. Review them on google or whatever.

good luck in your new home. Hope it’s all plain sailing