AST- landlord entered property without tenant's consent

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  • AST- landlord entered property without tenant's consent

    We have a 6 month AST since early Nov. 6 Week deposit paid and monthly rent paid by DD to agent.

    After about 2 weeks the LL entered the property unknown to us ' to collect post'.

    Now the agent has given keys to a workman to enter our property again unknown to us. The agent says we didn't get a correct message and that it's not a big deal!

    As far as we are concerend that is 2 breaches of the lease - do we have any recourse?

    Thanks in advance.

  • #2
    It will be fairly difficult to actually have a recourse to this, despite them having breached your "quiet enjoyment". My suggestion would be to write to the agent, and the landlord(care of the agent) stating that any future entry to the property must be preceded by at least 24 hours notice in writing, and oyu have the right to refuse such access. Any breach of this will result in you taking legal action. That should soon stop them doing it again.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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    • #3
      Thanks Mr Shed for your reply - however as it already states in the lease regarding access and they have no concern regarding those terms - do you think it would make any difference?

      Once I have calmed down (agent has been extremely unprofessional since the begining), then that is probably what I will do!

      The reason we went through any agent was to prevent situations like this happening - Naiive or what!!

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      • #4
        Yes - they are in breach of your quiet enjoyment of the property. I would send letters to both the agent and landlord pointing this out. State that you do not expect them to do this type of thing again and that you require at least 24 hours notice if in the future they need to gain access. And then only for a legitimate reason. (not collecting post). Hopefully you should not have any more trouble, but if they continue letting themselves in, then contact your local tenancy relations officer at the council. They will write a letter pointing out that this is harassment and they can be taken to court for it. However in order to keep relations fairly cordial, because otherwise things can get unpleasant, I personally would give them one more chance before writing. It may well be that after your phone call they will realize that they were in the wrong.

        P.S. I was still answering your first post, which is why I seem to have repeated much of Mr.Shed's post. (He always types faster than me!)
        Last edited by susan 2; 15-12-2005, 10:47 AM. Reason: Answering first post

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        • #5
          Oh yes bain, there is no question that they have breached your rights, none at all. My point is that with it being a relatively small infringment, the effort required for you to push the matter will be grossly disproportionate to any satisfaction/recourse you may get out of it. I believe it would be more constructive for you to ensure that it does not happen again.
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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          • #6
            Originally posted by MrShed
            with it being a relatively small infringment
            Small ? Would you consider it small if say your wife was coming out of the bathroom with nothing on to face a contractor who was given the key ?
            Or if an expensive piece of jewellery went missing from your bed side table ?

            Having anyone entering your home whithout you knowing can feel the same as when you get burgled. I know I wouldn't accept it !

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            • #7
              I would be severely pissed off if it happened to me. But this is why I said "relatively". I totally understand the anger at this kind of infringement. But realistically, it is going to be difficult to pursue any kind of recourse about it, as it is *relatively" minor.
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

              Comment


              • #8
                Mr Shed. A bit of advice. Just phone Pain Smith Solicitors (or any other decent firm for that matter) and ask whether they consider it a minor issue! They will tell you that any repeat might cost the landlord something in the region of £5,000. Minor indeed! Just read one or two case histories on this and you might just consider the tenant's rights are quite valid.

                Landlords or workmen just entering the property is like a complete stranger walking into your own house unannounced with one of your keys. Would you be alarmed and upset, or would it be "relatively" minor. Get real.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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                • #9
                  Thank you all for your replies and can see all the points raised are valid.

                  I have calmed down considerably and have decided to take MrShed's and susan 2's advice, by sending letters to both the agent and LL.

                  By doing this, they then have on record that we are not willing to accept these intrusions - and will absolutely not tolerate this breach of lease again.

                  I also don't understand why agents get away with managing properties so badly on LL's behalf - but that is probably another topic!

                  Thanks again - always good to know that there is somebody around as a sounding board.

                  Comment


                  • #10
                    Originally posted by Jennifer_M
                    Small ? Would you consider it small if say your wife was coming out of the bathroom with nothing on to face a contractor who was given the key ?
                    I do find it amusing the way people bring up such extreme and unlikely scenarios to justify their extreme reactions. Of course it shouldn't have happened and the tenant would be well-advised to insist, in a friendly way, that it does not happen again. But over-reacting could damage the tenant's own interests ... especially if he is hoping to stay a while.
                    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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                    • #11
                      Originally posted by lawstudent
                      I do find it amusing the way people bring up such extreme and unlikely scenarios to justify their extreme reactions. Of course it shouldn't have happened and the tenant would be well-advised to insist, in a friendly way, that it does not happen again. But over-reacting could damage the tenant's own interests ... especially if he is hoping to stay a while.
                      I'm glad my post amused you, whilst I didn't actually raise the point - why is coming out of the bathroom (at least a daily event in our house) an 'extreme and unlikely' scenario?

                      I will indeed insist, however in a professional (not friendly) manner that it doesn't happen again - do you think if I blantantly, broke the terms twice, I would be approached by the LL/Agent in a 'friendly way'.

                      What is the point of the lease on the tenants part if when the terms of the lease are broken any recourse is seen as 'over reacting?'

                      This is literally a short term let for us, so thankfully will not have to deal with them again once expired.

                      Comment


                      • #12
                        The advice you have been given is correct, in that you have every right to pursue the LL for breaking thier obligation to your quiet enjoyment of the property. Some of the posters here have advised to a firm but friendly approach to ensure you put both the LL and agent in line, this is in my opion is a good approach. The reason being that some posters may wish to live in the property for a good length of time, and at the end of a tenancy, the LL could simply issue a S21 and evict a tenant he see's as a troublemaker, where the reality is a simple break down in communiction has occurred. To resolve a situation amicably as got to be the way to go, unless the LL has been a complete p***k and then bust his balls!

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                        • #13
                          Originally posted by lawstudent
                          I do find it amusing the way people bring up such extreme and unlikely scenarios to justify their extreme reactions. Of course it shouldn't have happened and the tenant would be well-advised to insist, in a friendly way, that it does not happen again. But over-reacting could damage the tenant's own interests ... especially if he is hoping to stay a while.
                          Extreme and unlikely scenario ? Didn't we get a person a few months ago on this forum who was asking advice just because the landlord let himself in just as one of the tenants was coming out of the bathroom?
                          And when it comes to theft to be honest, it's in the agent/landlord's best interest to avoid sending a contractor with a key because they would end up in a mess if the said contractor was less than honest.

                          I never gave any advice on how the tenant should react so there's no "over-reacting". I know if it was me I would make it very clear (there's no need to be agressive, just clear) to the agent/landlord that I wouldn't accept anyone entering the property without my express permission, that's all.

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                          • #14
                            The plot thickens!

                            The workman was actually a surveyor - 7 days ago, a workman (new build) in a digger/forklift truck, hit the house, causing mainly exterior damage, however a crack did appear internally. (The living area is over an archway,which the digger hit).

                            We informed the agent immediately and said bearing in mind the internal crack that we were moving out until a surveyor had assessed the damage.

                            We had to chase the agent up all this week to find out when the surveyor would be coming, we received a phone call to say an employee of the agent would be meeting the surveyor there at 9.30. OH went and this was when he found the surveyor (no agent) at the property with the keys.

                            I have just received an email from the agent to say that clause 2.60 of the tenancy agreement states access is allowed in emergencies and that he classed this as an emergency - IT TOOK 7 DAYS FOR THE SURVEYOR TO ATTEND!!

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                            • #15
                              Where've you been?
                              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                              Comment

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