Letting agency informing that they will enter property against will

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    Letting agency informing that they will enter property against will

    Hello
    I've read some of the posts but I have a question.

    My in-laws are moving out and received a letter saying:
    "The following appointment(s) have been booked to show your property to prospective tenants. You do not have to be present for the tenant viewings. In fact, most of our tenants choose not to be.

    All viewings appointments are accoimpanied by a member of our staff at all times."

    And then lists 4 different appointments, two for tomorrow, one for Thursday and one for Saturday.

    They don't mind showing the house but 4 in a row seemed a bit much and some of the appointments weren't possible for them so I sent a letter saying that one of them was possible but the others had to be done other days.

    We suggested any day between 2pm and 6pm and today they called saying that it says so in the contract and they will be visiting and letting themselves in no matter what.

    What can they do, apart from changing the locks?

    Thanks.

    #2
    Originally posted by JohanDij View Post
    What can they do, apart from changing the locks?
    Tell the agent that viewings will be on their (ie the tenant's) terms only or not at all, and that they will unhesitatingly change the locks and block all viewings - as they are perfectly entitled to do regardless of the contract, if this is not respected.

    Comment


      #3
      Tell them to go to hell!

      If the letting contract uses the words "no matter what", I would cancel the contract immediately with this slime bag of a letting agent.
      So, even if you have expressed objection, they are going to barge into your home whenever they want?

      You usually will not be liable for any costs/fees for cancelling the contract if they don't let the property, but it depends what it says.

      I would also visit this agent's office, give them the middle finger to their face and tear the contract in their face.

      If this is how this agent is at this point, what else are they going to do while there is a tenancy and afterwards?

      Comment


        #4
        Again, my wife called their office and got abused and called stupid.
        In the end she gave up and agreed to leave work early to be there today because they said they would deduct money of the deposit for loss of income to the landlord.

        My in-laws and wife feel truly bullied.

        Comment


          #5
          well follow the advice given. Change the locks. Change them back when they leave. Then just let the agent TRY to deduct any money. The law is on your side on this one! Also communicate only in writing. I would write the saga so far in a letter to them and tell them that you will allow viewings only between certain times. You don't have to mention changing the locks but WRITE IT ALL DOWN. Ask them to communicate in writing from now on. They will know why - in case you had to go to court to get deposit refunded - they are not as stupid as they make out but rely on a) bullying and b) tenant's lack of legal knowledge. Don't let them win!
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


            #6
            Originally posted by JohanDij View Post
            Again, my wife called their office and got abused and called stupid.
            In the end she gave up and agreed to leave work early to be there today because they said they would deduct money of the deposit for loss of income to the landlord.

            My in-laws and wife feel truly bullied.
            Wow, the LA totally can't do that. Please call your wife and tell her not to leave work early. Is the deposit protected? If so, you have nothing to fear. Even if it's not, a judge is unlikely to award payment on the basis of you excercising your legal right to quiet enjoyment.

            These guys are the ones who are stupid - not you. They appear not to understand basic principles of housing legislation. Stand up for your rights and don't let them round at all.

            If treated like this, I'd hardball and refuse ALL viewings. They cannot deduct from your deposit, no matter what your AST says.

            Also, change the locks. Just keep the old ones and replace them at the end of the tenancy.

            Comment


              #7
              I called with the company that deals with the deposits and they tell us that the deposit is protected.

              The letting agency did tell me however, that if we refuse entry for viewings, they are going to keep a log of when and how many times they were refused entry and then, for every time this happens, they would deduct an amount from the deposit because of 'loss of income'. Is this possible?

              Thanks

              Comment


                #8
                Doubt it - but it sounds good!
                Perhaps one of our legally qualified members would like to confirm!
                You could of course write back and say that you will charge them a certain amount for writing to them every time they request a viewing giving the same date and time as previously given (eg every sat between 2 and 4). You will keep a log of the letters you write and get proofs of postage from the post office (these are free of course).
                THE KEY POINT is to write to them first and offer certain times - keep proof of postage. If they then choose to arrange viewings outside these times it is not your problem!
                Unshackled by the chains of idle vanity, A modest manatee, that's me

                Comment


                  #9
                  Tell them to go to hell - again!

                  Originally posted by JohanDij View Post
                  because they said they would deduct money of the deposit for loss of income to the landlord.
                  They cannot do that!!!!!!!!!!!

                  The tenant is under NO obligation to allow any viewings during their tenancy, even if they have previously agreed to a viewing.
                  This is the law,

                  Don't let them push you around and i would change the locks asap.
                  If anyone said anything about my doing this, I would claim harassment and if this happens, the letting agent and landlord would be on mega troubled ground..

                  (My previous response was made as if you were the landlord, as you used the term "contract" and not tenancy agreement)

                  Comment


                    #10
                    Originally posted by islandgirl View Post
                    they are not as stupid as they make out
                    Me thinks they are.

                    Comment


                      #11
                      Originally posted by JohanDij View Post
                      The letting agency did tell me however, that if we refuse entry for viewings, they are going to keep a log of when and how many times they were refused entry and then, for every time this happens, they would deduct an amount from the deposit because of 'loss of income'. Is this possible?
                      Again, NO.
                      They can document whatever they want. It is a worthless exercise and may count against them as a record of harassment.
                      Such tactics are used as a bullying/threatening tactic by letting agents against tenants, who they think don't know their rights.

                      Personally, I would not allow any more viewings.
                      Nothing will happen to you for doing this, except you'll getting more hot air and BS from the agent and perhaps, the landlord.
                      Stand your ground. The law is on your side.

                      Comment


                        #12
                        Originally posted by JohanDij View Post
                        for loss of income to the landlord:
                        This is not provable.

                        Comment


                          #13
                          Originally posted by HairyLandlord View Post
                          This is the law
                          Where can I find this law?

                          Comment


                            #14
                            Hairy - you may be right - they may be that stupid!!!!!
                            Unshackled by the chains of idle vanity, A modest manatee, that's me

                            Comment


                              #15
                              I wrote this letter for my in laws and would like your opinion:

                              Hello,

                              As not to create conflict and in order to try and be sympathetic towards you and the landlord we have agreed to change our commitments on 15/09/2010 to be present for the viewings at 16:30 and 16:40.
                              This is even though notice of such appointments was only by us received in letter after 19:00 of the day before, Tuesday, 14/09/2010.

                              After being advised by several organizations, legal and others, we do inform you that you DO NOT have our authorization as tenants of XXXXXX to enter the property when we are not present, to show the property to other possible tenants.

                              As you have no such authorization, any unauthorized entries will be trespassing and harassment, unless they are emergencies.

                              We already gave you in a previous letter all the days we will be off work and you can feel free to book viewings on these days between 2PM and 6PM.
                              Please we do ask the courtesy of being informed that such appointments have been made.

                              As also mentioned in a previous letter, we are more than happy for you to have viewings on any other days as well, again between 2PM and 6PM, provided that you do call us confirming if we can arrange a family member to also be present. This will usually be possible on most days.

                              This way you have every day that remains of our stay at XXXXXXX, between 2PM and 6PM as possible times.
                              We do believe that this is being very reasonable and we are trying to be as co-operative as possible.

                              What we cannot is accept your suggestion that because we are “only” renting the property, we have fewer rights to enjoy it in peace, undisturbed, without harassment.
                              To suggest that is ok to enter the property against our will and when we are not present is not acceptable.

                              When my daughter did inform you that we work night shift and at 10:30AM we will be asleep, your reply was that it’s fine. You can let yourself in and show the house. This, we consider, is an invasion of privacy and a preposterous suggestion.

                              As both Mr X and your other colleague were quite abusive and rude on the phone suggesting that all the information we received from certified sources is “rubbish” we are being “ignorant, stupid and unreasonable” we will keep any further communication through mail only please and request you do likewise.

                              Threats that you will retain our deposit if you are not allowed to enter the property when and as many times as you please, are also not appreciated and give a very poor image of Brookdale.

                              We are being helpful in providing plenty of access to the property for viewings but you are not willing to give us some respect and the right to enjoy our property in peace and without harassment.

                              Many thanks,

                              Comment

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