Unauthorised access to property, advice please...

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    Unauthorised access to property, advice please...

    I've always had a positive relationship with my lettings agent, tbf have rarely needed to call on them....
    I recently went away for a few weeks and asked if they minded keeping an eye on the place, which they confirmed wouldn't be a problem.
    Once home, the lettings agent made contact to let me know that the landlord would be selling the property (although I may not need to move out so was just really keeping me in thhe loop)
    It soon became clear that whilst I was away, the lettings agent had allowed an estate agent access who had then valued the property, taken photos and then put them on the Internet on pretty much any of the property websites you care to mention...ALL done without my knowledge

    The lettings are being very apologetic saying they're sorry but thought we had an 'understanding' re the popping in whilst I was away....
    After some negotiations with lettings/estate agents, the photos have been taken down, I had personal info on fridge, kids photos, bank stuff on show that quite frankly had I known someone was coming round to take photos just wouldn't have been out. Not all these are obvious in the photos, but nevertheless they would have been very obvious to a visitor in the house...

    I'm still feeling incredibly angry and upset about the whole situation and tbh quite violated, I'm not sure whether to go down the legal route, the lettings have always been excellent, and the estate agents (after initially being quite snotty) are bending over backwards to stay on the right side of me BUT it is a blatant breach of contract, I believe they have also broken the law, oh and apparently something else needed fixing whilst I was away so another individual entered the property without my knowledge...I would just like to point out that whilst I was overseas, I was NOT visiting the moon so was contactable if need be
    Your thoughts would very much be appreciated, thank you in advance

    Suave

    #2
    If you were away "for a few weeks" the landlord's insurers would probably require the premises to be inspected weekly to ensure everything was okay. How would they do this without gaining access?

    I appreciate you might be angry but let's face it an agent going in to take photos is not the end of the world if you were away.

    If the agent had entered without your knowledge when you were out at work on a normal day then you would have every right to be angry but from what you say I think they would reasonably take it that they could enter the premnises if you asked them to keep an eye on the place.
    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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      #3
      Thanks for your reply I was actually away for 3 weeks visiting family, so not missing in action indefinitely...
      I would have had no problems with photos been taken had I known the property was giving on the market at it was obviously going to be inevitable. Also if I had been told that it would happen whilst I was away.
      You know you my kids schools ask permission before putting any photos up on websites etc, but an estate agent can come into my home take photos without my knowledge (including family shots in the background) and just put them out there....?
      Is this really acceptable, maybe I'm just turning into a grumpy intolerant git in my old age?!

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        #4
        Originally posted by Suave View Post
        ........maybe I'm just turning into a grumpy intolerant git in my old age?!
        I joined that club long ago!
        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


          #5
          I agree that the estate agent should not have entered the premises - and unless your contract specifically states so, they will have no 'right' to conduct viewings for the sale unless you specifically agree. However, there is little you can really do - you have suffered no financial loss.

          However, they do have a right to enter the premises to conduct repairs. There is actually no notice required for this in statute but common decency would suggest some should be given.

          Comment


            #6
            Up to 30 days is usually no issue re insurance. They have taken advantage. What you do about it now is up to you. Perhaps draw a line in the sand and write to say no access without prior approval and accompanied?
            Unshackled by the chains of idle vanity, A modest manatee, that's me

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