Can Agent demand access whilst tenancy is running?

  • Filter
  • Time
  • Show
Clear All
new posts

    Can Agent demand access whilst tenancy is running?

    A friend who I was telling about this forum (I have just found you and its a wonderful site) has asked me to ask a question

    What would happen to her if the letting agent (a lecherous ol so and so) writes to say he wants to check the property but she declines to let him in ?

    Will she get fined a fee ?
    Can he force his way in ?
    What's the worst he can do to her ?
    She has 6 months left on a AST
    She moved in last summer

    As the property is her home, the letting agent cannot enter to perform an inspection with out her permission. To do so, except in an emergency, is a criminal offence. All landlords/agents do like to check their property from time to time: for one reason, they may spot faults which need repair, but as they do not inconvenience the tenant do not get reported.
    It makes sense to cooperate with a landlord/agent in this matter, but at a time and date convenient to the tenant. In this instance an occasion when a frend or relation was present.

    So, she cannot be fined a fee.
    If he attempts to force his way in, the police should be called.
    The worst he can do is to give her two months notice to vacate the property, but this notice must end on or after the fixed term of her AST agreement.

    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


      Thank you I shall pass that on and choose my thread title more carefully
      Sorry still learning


        We (as in my firm) always carry out inspections in the evenings when the tenant is at the property so therefore the inconvenience is very little. However i never carry out inspections without a tenant being there (unless i have tenants permission), the simple reason is i dont fancy being told that 'something has gone missing' the next day.

        However if any tenant is being very obstructive and not being at home when times have already been arranged and blatantly treat us like idiots then when it comes to closing inventory time we will go through the property with a fine tooth comb and treat them the same way.


        Latest Activity


        • Tenant vs licensee
          by Ven

          Long storry short, ive paid booking fee to one agency, and after finishing reference checks they send me agreement, where im being described as licensee and they as licensors.
          This wasnt mentioned anywhere in the spareroom advertisement.
          is it possible to cancel the booking...
          16-08-2022, 13:47 PM
        • Reply to Tenant vs licensee
          by doobrey
          Agree with the above.

          Ven, I would advise you to politely but firmly request immediate refund of the fee that you paid. If there is resistance, quote the Tenant Fees Act 2019.

          Assuming that the agency you have been dealing with is a letting agent, it is required by law to be...
          17-08-2022, 10:24 AM
        • Reply to Tenant vs licensee
          by jpkeates
          Not only are you right (and I am, therefore, wrong), but I've made the same mistake before.

          And thanks for the correction....
          17-08-2022, 07:15 AM
        • Reply to Tenant vs licensee
          by DoricPixie
          The Tenant Fees Act 2019 does not just apply to Assured Shorthold Tenancies. It also applies to licences to occupy so providing we are talking about a property in England you should not have been charged for the reference check. The penalty for a first offense of breaching the Act can be as much as...
          17-08-2022, 06:45 AM
        • Reply to Tenant vs licensee
          by doobrey
          It is a strange setup if an agency is describing themselves as a licensor. Generally, an agent acts for a landlord (or perhaps licensor). Typically they do not let their own property. Some do, but in that case they are a business and seem very unlikely to be a resident landlord, in which case a lodger...
          17-08-2022, 06:00 AM
        • Reply to Tenant vs licensee
          by jpkeates
          I don't think they can object if you say no, it's not what you thought it was from the advert.
          I don't think they can do anything (other than maybe not rent to you in future - but I don't see why they would do that, I'd bet this has happened before).

          I'd ask for a draft tenancy agreement...
          16-08-2022, 16:51 PM
        • Reply to Tenant vs licensee
          by Ven
          How can I peacefuly decline to sign their offer?
          is there anything they can do to harm me?
          how can i stop this occuring in the future? Perhaps i would need to ask to see draft of tenancy agreement before paying holding deposit?...
          16-08-2022, 16:32 PM
        • Reply to Tenant vs licensee
          by jpkeates
          No, but I think you're overthinking it.

          If they have the right to enter your room at any time, it is trying to be a licence agreement, not an tenancy.
          But my guess is that they make their money letting rooms not taking fees for referencing or non-returnable deposits (although they'll...
          16-08-2022, 16:27 PM
        • Reply to Tenant vs licensee
          by Ven
          Thank you for this response.
          i agree with you. The contract they send me includes many different behaviour violation, which would result in termination of the contract, also they have the right to enter the property and the rooms at any time without any notice..
          all that just indicates to...
          16-08-2022, 16:20 PM
        • Reply to Tenant vs licensee
          by jpkeates
          Technically it doesn't matter what the agreement says it is, the reality is what determines if its a tenancy or a licence.
          But that won't help you if they lock you out in the rain one day because you've upset them somehow.

          They sound a bit dodgy to me, so I'd walk away.
          16-08-2022, 16:04 PM