Have I entered property illegally?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Have I entered property illegally?

    Texted tenant to advise that we (Agent & landlord)would like to inspect water damage and fence painting and gave her 24 hrs notice as per tenancy agreement. (She had requested we visit to see damage) Appointment made for 10.30 following day. Tenant texted back to say she would be away, but her mother had keys. (Exact reply was ' I am away in **** seeing the kids, but Mum has a key, so you could call and pick it up from her if you like'

    I already had set of keys (Tenant knew this, as she had already had all locks changed and given me a set the week she moved in!)

    Landlord and myself turned up at 10.30am next morning to inspect. Saw car on drive, so knocked 3 times before entering, then entered property. Called out tenants name whilst inside, but no response. Landlord and I carried out inspection, and tenants sister entered the property asking what we were doing. Told her we were inspecting the property. Sister seemed confused so I showed her the texts, she stated that her sister was asleep upsairs as she had been working nights.

    I asked her why her sister had not answered our knocks and calls, and she stated that she sleeps with ear plugs in and blindfold.

    Tenant has been hysterical eversince claiming she feels she has been 'violated' and 'raped'.

    My honest opinion is that she has overreacted, and I have been accused of being vile, disgusting and evil.

    The Landlord will verify that I am none of these, hoewever, where do I stand.

    I have told the tenant if she had notified me I could have made alternative arrangements.

    She states if I had gone to her mothers to get the keys as requested the mother could have told me that she was in bed.

    Tenancy agreement clause states:
    ' That the Landlord or any other person authorised by the Landlord or his Agent may at reasonable times of the day on giving 24hrs written notice (unless in the case of an Emergency) enter the property for the purpose of inspecting its condition and state of repair. The tenant shall permit the property to be viewed on reasonable notice (of at least 24hrs) at all reaasonable times during the final weeks of the tenancy.

    I am totally shocked by the tenants response, and have been a letting agent for close to 10 years and never encountered anything like this before.

    Your advice is welcome - all of it!!

    #2
    Could this be a set-up of some sort? Are relations bad with the tenant?

    Comment


      #3
      Relations have been excellent, but I'm beginning to think something else is going on.

      I think I have probably added fuel to the fire by stating she is in breach as she had dog food in bowl in kitchen and she is not permitted to keep pets. I am astounded by her reaction though. Something doesn't add up. Makes me think she is hiding something!

      Comment


        #4
        You had permission to enter, also have texts to back up the situation. I wouldn't worry too much about it just send a letter of apology for the confusion, without accepting complete responsibility. She may well be trying it on in an attempt to extort 'compensation' so be prepared for a 'i'll take you to court' situation.
        <a href="http://www.manchesterpropertygroup.co.uk/" target="_blank">Manchester letting agents</a>

        Comment


          #5
          Originally posted by jrsteeve View Post
          You had permission to enter, also have texts to back up the situation. I wouldn't worry too much about it just send a letter of apology for the confusion, without accepting complete responsibility. She may well be trying it on in an attempt to extort 'compensation' so be prepared for a 'i'll take you to court' situation.
          Hmm, but could sending a letter like that damage O/P's defence in court? (I am thinking about when you have a road accident, they always tell you not to admit fault.)

          Comment


            #6
            Originally posted by ystwythgirl View Post
            Relations have been excellent, but I'm beginning to think something else is going on.

            I think I have probably added fuel to the fire by stating she is in breach as she had dog food in bowl in kitchen and she is not permitted to keep pets. I am astounded by her reaction though. Something doesn't add up. Makes me think she is hiding something!
            I would make damned sure I kept that text if I were you! I would say that was 100% clear permission to enter, and completely vindicates you. Get it on to hard copy and file it.

            Comment


              #7
              Also make note that T freely gave you a set of keys after she changed the locks. Hence no need for mothher's key. Also T misled you in email by saying property would be empty at that time/date.
              Also you have a chaperone/witness in the LL. You entered prperty with Ts prior consent and were unaware she was sleeping upstairs rather than away visiting the kids as suggested. Apologise for any undue stress caused.

              Comment


                #8
                Thank you all

                Thank you for your replies, I am a little more relieved now! Tenant had gone quiet but I have now had a Special Delivery letter stating she has a right for quiet use of the property etc etc... this still doesnt change the fact she invited me to the house and she changed her plans.

                Something she has demanded is the name and address of the landlord. The tenancy agreement clearly states "Under s.48 of the Landlord and Tenant Act 1987, notices can be served on the Landlord at the above address. (My address is given)

                Question is am I under any other legal obligations to provide her with their details. Landlord does not particularly want his details given out, as he employs me as agent. The Landlords have supported me 110% in this matter so obviously want to respect their wishes, unless there is some legal obligation on me to pass on their name and address.

                Tenant has quoted CAB extract (if you do not know the identity of the landlord, you can write tot he person who last collected your rent, asking for your Landlords full name and address. You should send this letter by recorde delivery and keep a signed copy. if the person to whom you have written does not reply within 21 days, this is criminal offence. You can conatct the Tenancy Relations Officer of the Local Authority, who can prosecute the person who has failed to provide the information.

                A little more advice please!!

                Thanks

                Comment


                  #9
                  Angela:

                  She is entitled to LL real name & address but should have quoted LL&T 1985 S1.. and she is clearly talking to people who know a bit so give her the info. Failure to do so can be a criminal offense.

                  LL&T 1987 S48 says no address for LL for T to "serve notices on" in E&W (can be c/o agent) means rent is not due (!! yes, no rent to pay until she get's address...)

                  The only right to carry out inspections is if you give 24 hrs notice in writing (yes, writing: Not TXT, not email, not 'phone, writing..). Tenant still has absolute right to refuse all visits. I'd write calm, polite letter giving name & address & requesting new date/time to suit her, for notification of any problems and say "I am sorry for the experience you have had": (Sounds like an apology but admits no guilt..).

                  This isn't in Wales is it?? Sounds like something else is going on and I'd tread carefully.

                  How odd that an agent didn't know about all this...
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Thanks for your reply (the artfullodger) it is in Wales, what is the significance?

                    Not sure about your comment 'How odd that an agent didn't know about all this...

                    Regards

                    Comment


                      #11
                      My comments correct (afaik) for England, Welsh law a little different but I don't know details (but do know Scottish which disnae help you). Hopefully someone with Welsh knowledge will be along soon.

                      Aye, well, what courses in Landlord /tenant law have you done??
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment


                        #12
                        Originally posted by theartfullodger View Post
                        My comments correct (afaik) for England, Welsh law a little different but I don't know details (but do know Scottish which disnae help you). Hopefully someone with Welsh knowledge will be along soon.?
                        Housing Law and Landlord & Tenant Law is exactly the same in England & Wales.
                        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


                          #13
                          Originally posted by Paul_f View Post
                          Housing Law and Landlord & Tenant Law is exactly the same in England & Wales.
                          Mostly, but there are some differences - notably the rent threshold for ASTs.

                          Comment


                            #14
                            Originally posted by Lawcruncher View Post
                            notably the rent threshold for ASTs.
                            Not for long, as iirc in Wales it will increase to £100k pa (ie. same as in England) on the 1st December.

                            Comment


                              #15
                              Originally posted by Paul_f View Post
                              Housing Law and Landlord & Tenant Law is exactly the same in England & Wales.
                              Increasingly there are some, and there exists the potential for minor differences due to the Welsh Assembly. In some cases commencement orders are on different dates.
                              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X