Can L (or L's workmen) enter without T's consent?

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    Can L (or L's workmen) enter without T's consent?

    Two days after giving the required 2 months notice on my apartment I received a call from a representative of my apartment's landlord (it is owned by a company) asking for permission to show prospective tennants through the property. They were calling at lunch time asking to view that evening. I said, no, I require a little more notice, and we came to a verbal arrangement for 24 hours notice before a viewing. They also agreed that either my husband or myself would be present at every viewing.

    Over the next month my husband and I received various phone calls, always requesting access for the same day. Each time we sited the agreed 24 notice period, so said, not today, but how about tomorrow? Last week they rang pleading to be let in that night, so we agreed. I left work early to ensure the flat was tidy for the viewing.

    To cut a long story short, when the agent arrived to show the tennants, he said he had been in the flat the day before showing the woman around, and they were back today to show her boyfriend. Obviously I was very suprised to hear this, as we certainly hadn't given permission for entry the day before. The agent had a set of keys to the apartment and said he had been in the flat showing tennants aroung quite frequently during the previous month.

    It seems the agent simply asked the apartment's porter for entry into our flat and he handed over the keys. We were not award the porter had keys to our flat.

    Our contact at the company said she never gave permission for agents to enter our flat. The agent says he had verbal and written (as yet to be seen) permission from the same contact to enter. The landlord is effectively putting blame on the porter, but I think he was just doing what has always been done.

    I believe this is a breach of contract, and I need some advice on how to handle it. What can I do about it?

    The flat has now been taken off the market and they keys have been confiscated from the porter.

    #2
    Originally posted by barbara
    Two days after giving the required 2 months notice on my apartment I received a call from a representative of my apartment's landlord (it is owned by a company) asking for permission to show prospective tennants through the property. They were calling at lunch time asking to view that evening. I said, no, I require a little more notice, and we came to a verbal arrangement for 24 hours notice before a viewing. They also agreed that either my husband or myself would be present at every viewing.

    Needless to say, there shouldnt need to be a verbal arrangement, this is your legal right.

    Over the next month my husband and I received various phone calls, always requesting access for the same day. Each time we sited the agreed 24 notice period, so said, not today, but how about tomorrow? Last week they rang pleading to be let in that night, so we agreed. I left work early to ensure the flat was tidy for the viewing.

    To cut a long story short, when the agent arrived to show the tennants, he said he had been in the flat the day before showing the woman around, and they were back today to show her boyfriend. Obviously I was very suprised to hear this, as we certainly hadn't given permission for entry the day before. The agent had a set of keys to the apartment and said he had been in the flat showing tennants aroung quite frequently during the previous month.

    It seems the agent simply asked the apartment's porter for entry into our flat and he handed over the keys. We were not award the porter had keys to our flat.

    Our contact at the company said she never gave permission for agents to enter our flat. The agent says he had verbal and written (as yet to be seen) permission from the same contact to enter. The landlord is effectively putting blame on the porter, but I think he was just doing what has always been done.

    I believe this is a breach of contract, and I need some advice on how to handle it. What can I do about it?

    The flat has now been taken off the market and they keys have been confiscated from the porter.
    Erm...you say your contact at the company....what company? The letting agents? Dont quite understand.

    Regardless. Who has actually entered the property, the agents? They are in serious breach, and you could push for major damages if you really wanted to. Personally, I would write to the agent, stating that you hold them fully responsible for the breach of your quiet enjoyment of the property, and state that they must never re-enter the property without acquiring express permission from yourself at least 48 hours in advance(could say 24, but I in this situation would probably say 2 days). I would also state that you are very angry about the situation that has occurred and want to know what they are going to do about it, whether they will give compensation etc.

    From what ive read(dont quite get a couple of points uve made, but think ive got the overview), the agent is fully responsible. I believe you could take them to damages in small claims, however, even if you do wish to pursue it to that level, I would ask them for compensation or something first.

    I think the worst part of it is that you actually denied them access, and they have gone ahead and entered anyway.
    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


      #3
      I'll clarify.

      Our landlord is a company who owns many apartments in our apartment block, I'm not sure on the naming policy of this forum. There is one person in charge of all tennancies - her name is Karen. On receipt of our 2 month leaving notice, she advertised our flat with a number real estate agents.

      We have received a number of calls from Karen asking for permission for various real estate agents to enter the property - always the same day they want entry. Karen is the go-between. We said, no, we assume she passes on the message.

      We also believe the porter has entered the property on numerous occassions, but have no proof of this, other than we have been home during the day now and then and have received odd visits from him, excuses like checking the paint work. Now we know he had a set of keys to the flat, so assume when we're not there he simply lets himself in.

      Thanks for your response.

      Comment


        #4
        OK barbara, thanks for the clarification. Just one more quick question. The OWN ER and landlord of the property is this company. Do you act directly through them, or through a letting agent? I initially thought you were with an agent, but your clarification seems to say otherwise.

        As for naming policy, I have seen other people name names on this forum before....however, I wouldnt personally recommend it, even on internet forums you could theoretically be sued for libel :P
        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


          #5
          We deal directly with the company who owns the property. The real estate agent acts as a placement (?) agent only.

          Comment


            #6
            OK.....relatively simple then, thanks for the clarification. If the viewers have this written permission for entry, as they say, the landlord is entirely at fault, and you should ask for compensation. If not, the viewing agent is entirely at fault, and you should ask them for compensation, or sue them for damages, for unlawful entry.

            I'm sure someone will correct me if this is wrong :-D
            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


              #7
              I am assuming this is an AST or periodic tenancy, if so, whether it is written into the agreement or not, whether it is inside the initial term or not, even after a landlord has given notice and the notice expired: NO-ONE is allowed to enter your home without your explicit permission except in an emergency. It sounds as though the agent is at fault here, if the landlord was an individual, he/she would be at risk of severe penalties; put 'protection from eviction' into the search facility. Perhaps one of the more knowledgeable contributors to this forum could give a view. Whatever, it seems that the company are aware of the law, put your fears to them and ask them what steps they are taking in view of the fact that, acting in their name, their agent (Karen) and the porter have broken the law on a number of occasions.

              Comment


                #8
                A specific claim for damages or compensation may be tiresome and it is difficult to quantify what benefit or payment in kind should be made to you for this intrusion. If we are to look at the legal side there is a clear breach of quiet enjoyment and you could happily claim harrassment on the part of the Landlord but to what avail?

                I would also point out that it is the Landlord who is responsible for this intrustion regardless of who walks through your door, after all the agent is acting as agent on behalf of your Landlord.

                It may be more comforting to teach your landlord a lesson in manners. As many posts have demonstrated before your right of quiet enjoyment is a statutory right and cannot be overuled by a contractual clause allowing access. You are well within your rights to shut up shop and absolutely refuse any further viewings until you vacate citing the Landlords breach of your rights as the reason.

                As I am sure you all know the contractual right of access can only be forced by one method, through the courts and yes it is a discretionary ground.

                Personally I would be very angry to discover that viewings had taken place without permission or my knowledge.
                For the avoidance of doubt, I am not a solicitor nor a specialist. I have simply spent many years in the business and am expressing my opinions. I would urge caution to any individual using these forums as a sole basis for decision without first speaking to a solicitor.

                Comment


                  #9
                  tennants

                  "To cut a long story short, when the agent arrived to show the tennants, he said he had been in the flat the day before showing the woman around"

                  did he show the beer to the woman? did she drink it?
                  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

                  Comment


                    #10
                    Huh?!??
                    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


                      #11
                      did he show the beer to the woman? did she drink it?
                      Welcome to pedant's corner.

                      Comment


                        #12
                        Lawstudent is showing that not only can he/she spell (unlike many on this forum) but he/she also has a sense of humour (unlike many on this forum).

                        Comment


                          #13
                          Yes.....but in the original post it says BEEN not BEER :P ho hum

                          I think lawstudent has hit the hop stuff like!!
                          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


                            #14
                            PLEASE, do not confuse Tennants with beer, its a bl**dy lager!!!!!!!!

                            Comment


                              #15
                              tennants

                              MrShed - your confusion is understandable, but I was referring to the "tennants" rather than the "been"
                              MrWoof - to confirm my place in pedant's corner (or pedants' corner as I prefer to think of it, not wishing to be there on my own) tennants is not only not beer, it's not even lager - you must be thinking of Tennents (as indeed I was) but thanx anyway 4 ur flattering comments earlier
                              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

                              Comment

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