Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

Letting agent says they can come inspect whenever they like?

66 replies

eliphant · 03/07/2015 11:57

Wonder if anyone knows about this. Does a letting agent have the right to enter your home for quarterly inspections at whatever time they wish, without having to ask your permission, as long as they have given 24 hrs notice?

The tenancy agreement just says I agree to let them have quarterly inspections. Didn't say they can come whatever time, but the agent is telling me now that they can come whenever they like as long as they give 24 hrs notice because "I signed it off in the tenancy agreement that I agree to quarterly inspections and it is the law that they can do that." but I can't find anything in the law or otherwise saying they can come whenever they like for quarterly inspections. Plus they say that when they give written notice of inspections, they can only give a date and not a time because "they can't possibly know when they will arrive at my house on the day as they have to do several inspections on the same day at different houses." I can only find laws saying the landlord can come in for emergency repairs - i.e. some really pressing issue. An inspection to me, does not constitute a pressing issue requiring access at whatever time they like?

But basically now they are telling me that they don't have to arrange a mutually convenient time to come and inspect? Imagine them letting themselves in when someone is alone in the house, sleeping, or just coming out of the shower, or in the shower, etc.? Surely that is not legally enforceable? I'm just uncomfortable with that. I wouldn't mind them having inspections if it was agreed beforehand though, but not letting themselves in whenever they like?

OP posts:
Original poster
eliphant · 03/07/2015 14:03

Sorry toughasoldboots. Was that directed at me? Did I miss something?

OP posts:
OnIlkelyMoorBahtat · 03/07/2015 14:24

Gawd, that's so cheeky! Good luck with it all anyway x

Original poster
eliphant · 03/07/2015 14:24

Yes and now they gave me a 6 hr window. And they say it's the best they can do.

OP posts:
Sizzlesthedog · 03/07/2015 15:54

My agents do quarterly inspections, but they make an appointment and call round at the time/date agreed by the tenant.

As a landlord I would be nervous of a tenant who didn't agree to quarterly inspections. Cannabis farm etc.

However, if the agent wasn't behaving properly I would love to know, I pay them £ per month to deal with repairs and rent so I would be the first in the queue to complain if they were being a pain to the tenant.

I agree with other posters, find out the landlord address and inform them, maybe they could ditch the agent, save themselves £ and manage the property. If they live a few streets away seems strange they don't manage or part manage the property.

Original poster
eliphant · 03/07/2015 16:11

First time landlords. Lived in our house before they moved down the street. Perhaps they were nervous of renting it out themselves so involved the agent. I don't know. Really doesn't sound right to me that they would let themselves in whenever they like for inspections. If something goes missing in the house I'm making a police report.

OP posts:
EvaBee · 03/07/2015 19:06

We rented for years (Scotland, London and overseas) and I would NEVER let an agent enter our home (which it is) without me being there.

If I allowed an inspection to go ahead then I would let them come by appointment - to suit me.

I've also been a landlaydeeee so I am looking at it from both sides.

Original poster
eliphant · 03/07/2015 19:51

Well I actually paid the £3 land registry fee and found the landlady's address. It literally is 3 mins walk away. I would write a letter to explain why we would move out (in future) but I'm not sure if she'd be freaked out if she suddenly receives a letter from me without bypassing the agent. What do you ladies think? My husband might have just enough for a deposit and we never wanted to buy really and be saddled with mortgage debt but the way things are around here, the lettings scene is dire...

OP posts:
Original poster
eliphant · 03/07/2015 19:54

I'd even let the landlady inspect the property herself really.

OP posts:
Sizzlesthedog · 03/07/2015 20:56

If you were my tenant I would like to know how the agents are treating you. On the tenancy agreement is my name and address so it wouldn't freak me out if you contacted me.

Go ahead and contact the landlord. They will never know if you don't tell them.

I agreed to some repair work six months ago and it came up in the inspection that it hadn't been done. I wasn't pleased. The agent was failing me and the tenant. As a landlord you get the blame put on you, but if you don't know what it problem is, how can you solve it.

EvaBee · 03/07/2015 21:54

You have nothing to lose. If I were the landlaydeeee I'd want to know what was going on (and then get rid of such a dire agency). Do it.

Original poster
eliphant · 03/07/2015 21:55

My only problem now is whether she does live at that address now or not. When the agency staff (who's now left) revealed to me where the landlord lives, it is a different street to the one on the title register. So I'm not sure if she still lives there or not.

I've been thinking about getting the address out of the agent by setting out the law as such and threatening action if it is not complied.

Such as this ico.org.uk/for-the-public/housing/landlords/ says that "The Data Protection Act 1998 will not prevent a landlord from releasing personal information where they have a legal obligation to do so. For example, under the Landlord and Tenant Acts landlords may have to provide an unedited copy of the service charge account to a tenant if he or she asks for it. If so, the landlord will have to comply with the request even if it means revealing information about other tenants." which seems to imply they cannot use Data Protection as an excuse to refuse the request.

And this www.legislation.gov.uk/ukpga/1985/70/section/1
"(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale."

OP posts:
specialsubject · 03/07/2015 21:59

echoing the tell the landlord cries.

the letting agency industryis unregulated and no-one seems to notice. No-one can walk into your house when they like any more than they can if you own it.

there's no defined notice period. I try and give tenants at least a week, and give several choices of time/date for visits.

you can change the locks. keep the old locks to put back at the end, and make sure you make good any damage. Tell the agent/landlord you plan to do this unless they start obeying the law.

Sizzlesthedog · 03/07/2015 21:59

Does it not give the address in your tennacy agreement? They do sound like a dodgy firm.

Sizzlesthedog · 03/07/2015 22:02

The fact that they won't give you the address seems like they don't want you to speak to the landlord incase they get booted off the management. They must know their failings.

PosterEh · 03/07/2015 22:05

Please tell the landlord. I would want to know if my agency were behaving like this. We dropped our direct contact details to our tenants in person to make sure they knew how to contact us if there is a problem with the agent (we've chosen the firm with the best reputation locally but still not sure if I trust them).

EhricLovesTheBhrothers · 03/07/2015 22:09

Can you explain how it's more expensive to go to a rolling contract than sign another 6 months?

You don't have to do anything for it to convert to a rolling contract. It's automatic. And free.

Original poster
eliphant · 03/07/2015 22:15

£20 + rent per month is going on rolling contract.
£60 for renewed 6 month AST

and yes I willingly signed that off because I honestly had no other alternatives at the time. The more suitable houses were all agent-managed and all the agencies here charge for renewals or going onto rolling contract without question. Private landlords who rent out here that I've met have higher rents than agent-managed ones. Why? I don't know. Perhaps because, they can argue that since they don't charge renewals and things, they can.

OP posts:
Original poster
eliphant · 03/07/2015 22:22

Forgot to mention I called DPS earlier asking if it's fine for landlord's address to be the agent's address and the customer rep told me absolutely, yes. Lots of landlords do that apparently.

OP posts:
Original poster
eliphant · 03/07/2015 22:26

I know that it should be free to go on rolling contract. I knew that even before I took up this house. However I knew all the agents here charge fees for renewals or rolling contracts. No point arguing the case. Clearly they've had lots of tenants agree to that without putting up much of a fight. And to be honest, with every agent doing this, we tenants don't have much of a choice. It's either do this or go with private landlords who charge more rent per month for a similar standard of housing.

OP posts:
Original poster
eliphant · 03/07/2015 22:27

If I refused to agree to pay tenancy renewal fees, the agents would simply kick me out. They have no lack of business I presume, and no lack of tenants who are willing to put up with it. I kind of gave up fighting that a while ago...

OP posts:
WhirlpoolGalaxyM51 · 03/07/2015 22:31

Yes do write a letter to the landlord.

I am similar to them (I rent out my flat I lived in for years before I met DH) and I have been really shocked at the behaviour of letting agents. The ones I have dealt with have just been dodgy as fuck and some of them have lied to my face etc. I was also shocked to find out that they basically charge both the landlord and the tenant for the same pieces of work Confused anyway I don't trust them and would be more than happy to hear from tenant if it were me, you said they seemed nice and they're not B2L investor types so yes contact them.

WhirlpoolGalaxyM51 · 03/07/2015 22:33

Thing is they charge the tenant and the landlord for renewing contracts and stuff, both.

And they don't tell each party that the other party is paying as well. That was what pissed me off. It's all very lacking in transparency, trying to scare you into buying extras like insurance, throwing gobbledigook legalise at you and they all seem to be bullies to boot.

or maybe that was just the company I dealt with Grin

SanityClause · 03/07/2015 22:34

How could the agents kick you out? The owners would be very angry to lose rent, because the property was void, and if they had to pay finding fees for a new tenant, just because the agent spat the dummy because they weren't getting their £20 per month off you!

Original poster
eliphant · 04/07/2015 00:01

Well I don't know but a landlord friend of mine told me the agent can serve a section 21 on me if they want to and if they have reason to. I guess not complying to their contract T & Cs could be a reason? I don't know really.

OP posts:
EhricLovesTheBhrothers · 04/07/2015 08:20

£20 + rent per month is going on rolling contract
If you want to leave anyway just refuse to pay any fees and give notice when you are ready. They can't kick you out if you are planning to leave anyway. You are woefully lacking in knowledge of your rights as a tenant.
Section 21 notice can be served for any or no reason but you don't have to leave at the end of the notice period. You have far more rights than you realise.

In your position I would start looking for a new place, and serve 2 months notice when I was ready, paying the contracted rent and no more all the way through. I would write to the letting agents stating that you refuse all inspections and visits to the property unless emergency, citing the relevant part of tenancy law. Then I would get hold of the landlord's contact details if possible and explain why their reliable and valued tenant is leaving.