Can they let themselves in anyway?

[Mrsfrumble]

I've just seen an email from our letting agents that was sent this afternoon, breezily announcing that they're coming to inspect the flat on Friday morning, and not to worry if we're not in because they can let themselves in.

The flat's a mess and I'm out all day tomorrow so won't have time to clean much. I know this shouldn't count against us, but I really don't feel comfortable with them inspecting it in it's current state.

I've replied to say that Friday really doesn't work for us, and requested that we reschedule for after half term (we're going away). Can they refuse and let themselves in anyway?

No, of course not! They'd be trespassing if they enter your property without permission

I had an EA who let himself into my flat where a tenant lived. He hadn't arranged it with me and she didn't know he was coming. I complained and changed to another firm

Our LA has to provide us with 24hrs advance notice in writing if they need to come round for any reason. As far as I know we can’t actually refuse them access if they have provided the correct notice. Don’t worry about the mess - they are there to look at the flat not on how you choose to live your life! Obviously don’t leave it looking like a squat but a bit of mess or dishes in the sink isn’t going to bother them.

Urgh. It's verging on squat tbh. Definitely not how I choose to live my life, but I'm outnumbered by my messy family and find it hard to fight the tide (but that's another thread!)

We're (otherwise) model tenants; pay everything on time, get on with the neighbours, comply with the agents requests (until now), so I don't want to cause a confrontation. But I was lying awake for ages last night figuring out what I can get done in my "spare" 2 hours today, and resenting the flippant "oh, don't worry, we'll just let ourselves in!" tone of the message.

I think I've had enough of being a tenant!

This is wrong. I mainly know this from reading MN, but they don't have any right to come in at all unless it's an emergency:

www.google.co.uk/search?q=right+quiet+enjoyment+law&ie=UTF-8&oe=UTF-8&hl=en-gb&client=safari

If you want to maintain a good relationship with the landlord and actually don't mind a general inspection I'd say this is too short notice but I'd be happy to rearrange for X.

They need to provide 24 hours notice in writing (and it is not clear that email counts as written notice, unless it is stipulated in the contract) if they wish to enter the property, unless it is an emergency. If they have provided the proper notice, they do have the right to enter. You, however, have a right to quite enjoyment of the property and so can refuse them access. Your right trumps their right to access. Of course, the system assumes that people will behave in a reasonable manner. Hence, them entering without permission = bad. You refusing access, but suggesting an alternative time = reasonable. You point blank refusing any access at all = unreasonable, but there is little they can do except serve notice (unless you are still in the fixed term part of the tenancy).

I would let them know that the date they propose is not convenient, but suggest another one.

I think you are within your rights to refuse a visit altogether, but then they would be within their rights to worry about the property and give notice at the end of the contract. It is better to do things amicably.

But more of all dont worry about mess. As a landlord, I have seen it all. I really don't care how other people live, and indeed my own home is not great. However I will want to be sure that there are no signs of damage to the property, and would normally see a visit as a chance to catch up with tenants and find out if any maintenance is needed. All I do if tenants are messy is make a mental note to have a frank discusson at the end of a tenancy about whether they have left themselves enough time to move everything, and to recommend my trusted professional cleaners. And to leave a gap before the next tenans come in.

Actually its the super tidy ones who worry me, as they can also be demanding.

They can't let themselves in. Even if they give more than 24 hours notice and your contract states you must allow access for inspections. If it's not suitable for you and you offer an alternative time they should accommodate you.

no. read your how to rent guide. not given it? download it from gov.uk.

@specialsubject if a tenant has not been provided with a how to rent guide any section 21 eviction notices would be invalid I believe. Not relevant to OP but worth mentioning

indeed. And the same for a whole raft of other documents. Bad agents and bad landlords prey on clueless tenants so let's hope this one gets informed!

We've rented all of our adult lives, but recently returned to the UK after living abroad so have obviously missed some things which have been introduced while we were out of the country. Including the "How to Rent" guide, which we weren't given.

Given my years of experience, I thought I knew my tenant's rights fairly well, but the agents have been pulling this "we're coming and if you're not there we'll let ourselves in" stuff since we moved in nearly 2 years ago,which has made me doubt myself as surely they'd know the correct procedures

There's also the difference between what's legal and what's diplomatic in these circumstances...

I sent an email asking to reschedule last night, sent it again this morning and will call this afternoon if I don't hear back.

change the locks. with no how to rent guide you cant be evicted.

what else havent they done right?

You can’t just change the locks on a rented property for goodness sake!
I have never heard of this “how to rent” book...? No idea what it is.
Check the lease - what does it stipulate regrading the agent having access to the property?

You definitely can change the locks as long as you keep the original barrels and replace when you vacate.

Law trumps lease and tenants don't have to allow access at any time except an emergency such as gas/water leak.

wilding You definitely can! It's perfectly reasonable (and legal) to refuse permission to letting agents/landlords when you're not present, and how would they find out unless they try and enter when they've been refused permission. You should change them back at the end of the tenancy, however.

OP, if inspections are in the contract, I'd say you're not comfortable with anyone entering your property when you aren't there, and could you rearrange for [time when you are present]. If you want to be especially helpful, maybe suggest two or three times when it would be convenient for them to come. I would never let a letting agent have access to my home when I wasn't there- they are completely unregulated, and it might be very hard to prove if they stole something (for example).

I think this issue often arises as many letting agents are only open during normal business hours, when, of course, many tenants are at work. Also, many letting agents are either ignorant of the law or very aware of the law but want to see how far they can push things.

Absolutely change the locks. We have tenants and always advise them they can and should change the locks if they wish. I've no right to enter my properties when they are rented out, unless b agreement (apart from in cases of emergency such as an uncontrollable leak causing flooding)

You absolutely can change the locks - you just need to return them to the original locks when you leave. Alternatively, you can just give the EA / LL the new keys, if they agree to that.

I did it once when bastard ex was threatening all sorts and he had a key. Turned out to be a very prudent move a few days later when he tried to let himself in as he'd decided he no longer wanted me to have internet access so he was going to take the router(!). LL was fine with just getting the new keys.

The law is that you have to return the property to the LL in the same condition it was at the start of the tenancy, minus fair wear and tear - so you can change the locks (if you change them back again) or paint the magnolia walls purple (if you paint it back to magnolia).

ffs! i am a landlord. shall we have some facts rather than horseshit?

england-
the how to rent guide is on gov.uk and must be provided to all tenants on move in day. evidence of service needed or no eviction allowed, except on the easily avoided section 8. same for other docs.
tenant can change locks
agent or landlord cannot visit without permission.
tenant can refuse access. landlord can only enforce if emergency, otherwise it is court.

if you rent, get informed. bad landlords and bad agents have a field day with clueless tenants.

Right, all is sorted. Property manager emailed to say she couldn't make tomorrow after all, and could we reschedule for next Tuesday. I replied and said we were away next week and weren't comfortable with them letting themselves in, so it would have to wait until we were back. Agent agreed and I sent her a list of times I'll be home.

Thanks to this thread I was polite but firm, as I knew that I was within my rights.

We don't want to change locks, or refuse to budge if they or LLs choose to end our contract, even if we can. We just want our "quiet enjoyment" with some degree of privacy and control over who enters our home and when. And now I really need to crack on with some serious cleaning

Thanks all

I know you say you don't want to change locks but can I suggest that you rethink that? It's a very, very simple process that even I, Miss DIYDisaster can do. Not only because of the risk that an agent will just let themselves in one day (they're clearly happy to do that as you have seen by what they wrote) but also that in the fine print of your home insurance, someone having a key to your property who does not live there can completely invalidate it. Insurance companies lose money paying out so will happily use any legal get out of paying trick.

It is always good practice when taking tenancy of a property that the new tenant changes the locks no matter what. I once had an intoxicated man just walk into my locked home. He had a key. It had been given to him when his mate lived there previously and he didn't know/had forgotten that they'd moved. I was 17 and all alone. Terrifying. I had real trouble getting him to leave.

specialsubject talks a lot of sense.
I also agree with ParentInCharge. Changing locks is not about being funny with the LL or agent. Is about your personal safety and making sure that your insurance is valid. People should install new locks whenever they move into a new property, rented or owned. Just make sure that you change them back or give the landlord the keys to the new locks when you leave.

Agree change the locks. If they breezily say they'll let themselves in after that, you won't by lying awake wondering if you can you can tidy in time, you'll think "good luck with that" and leave it to them.
You have every right to change the locks, the law considers it your private home, plus it's good practice anyway due to the fact that anyone could have a key still.
We moved in somewhere and after a good few months the previous owner popped by and dropped off a massive bunch of keys. They wouldn't have fitted anything as we had changed all the locks anyway.