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Issue with letting agent

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632 views 1 replies latest reply: 27 October 2015

 I have lived in my private rented accomadation for  6 years and the landlord has recently transferred the running of the property to a different Estate Agents which I am not very pleased about as I had a good rapport with them.

Just recieved a letter from new Estate Agent to inform me that they have made an appointment to inspect my home in 6 days time without discussing it with me first and without an excact time. They also say that if I am not at home when they arrive, they will access my home using spare keys, which has infuriated me. And if I want to arrange a different time and day they will charge me £25.oo plus vat.  I find the inspections intrusive, having to put up with a complete stranger walking around my home. But at least with the previous Estate Agents they allowed me to decide on the time and date most conveinant to them and they certainly didn’t demand to come into my home when not there or try to charge me for changes to appointments.

I am very angry with the way I am being delt with by the current Estate Agent and feel as thought they are interfering and trying to control my personal life and my home. This is my home wether it’s private rented or not. I don’t think they should have the write to do what and when they want too and then have the audacity to try and charge me money I can ill afford to pay or have to put up with a stranger in my home when I’m not there.

Can I tell them NO under the housing Act 1988 and that they can only access my property when and what time I say and they cannot gain access when I’m not there. Also where do I stand regarding £25.00 charge.

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As a tenant you have to be given at least 24 hours notice of anyone entering the property and -crucially – you also have to consent to the visit. I’m not a lawyer but Im pretty sure that without your consent it would be tresspass, something you could sue the landlord for. You can’t unreasonably withold your consent i.e. you need to give them an alternative date rather than just refusing but they have no right to simply barge in. They also can’t charge you £25 to exercise your legal right to quiet enjoyment of the property for which you’re paying for exclusive possession of. Re the fee, it might be worth threatening to report the agent to the professional bodies of which they are a member. You could also ask on what basis the fee is charged (although they’ll probably just make something up that sounds official but isn’t).

This is quite useful. Also take a look at your tenancy and see what it says about inspections – it may state that consent is required there too. You could also try contacting the landlord direct and asking them to tell the agents to behave. As you’ve obviously been a good tenant the landlord should not want to lose you – the address should be on your tenancy and if not the letting agents must provide it within 21 days when asked (section 1 landlord and tenant act 1988).


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