Can my landlord enter my house without me being present?
Can my landlord enter my house without me being present?
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Discussion

Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 3rd November 2017
quotequote all
I'm on an Assured Shorthold Tenancy Agreement, through an Estate Agent that from time to time write to me and give me notice of an inspection. I have no problem with the inspection, it's only right that the Landlord is kept informed that his property is maintained in a good state of repair.

However, this morning I was due an inspection between 9-1. I had left my 13yo son in bed (still on half term) and went out on an errand returning to home at 0904. To be met with a person on my driveway telling me they had let themselves in and all was good.

Now, my son was a little startled to have some random person stick their head around his bedroom door and my two cats were looking extremely scared when I went in. I appreciate it states in my ASTA that they can let themselves in providing they give 24hours notice, but surely the reasonable thing would have been to knock the door, no reply and call me to ask if it is okay to proceed?

Or have they broken the law? If so, what law?

And not that there is, but what if money had gone missing, or some other valuable?

I'm not comfortable with the agent letting themselves in. Different scenario of course, if I was behind with the rent, or had wrecked the place and done a moonlight flit.

So apart from a strongly worded email to the agent, is the law on my side?

220s plenty

110 posts

112 months

Friday 3rd November 2017
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Change the locks - replace the old locks when you leave. LL should have given notice.

Edit - Just re-read they had given notice and they were between times stated. I'd still change the locks.

Edited by 220s plenty on Friday 3rd November 10:09

BoRED S2upid

21,069 posts

270 months

Friday 3rd November 2017
quotequote all
Your right you should have been present and a strongly worded email is appropriate.

As to what law if any they have probably breached the contract it would be very tenuous to try and get them on any criminal law. They did have an appointment you just weren’t there. They will no doubt blame it on a junior member of staff.

I presume it was the agent and not the landlord.

Bristol spark

4,509 posts

213 months

Friday 3rd November 2017
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My agent puts in the letter if no one present at arranged time they will use their key to gain access.

Maybe your son should have answered the door?


CraigyMc

18,369 posts

266 months

Friday 3rd November 2017
quotequote all
Tyre Smoke said:
this morning I was due an inspection between 9-1. I had left my 13yo son in bed (still on half term) and went out on an errand returning to home at 0904.
Why weren't you in? Your convenience over the landlords?

Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 3rd November 2017
quotequote all
My son might have answered the door, if he hadn't been in bed.

No harm done in the short term, but I think a strongly worded email will go in.

Douglas Quaid

2,640 posts

115 months

Friday 3rd November 2017
quotequote all
I had this happen. Naked photos of my then girlfriend were stolen. Solution is to buy a house.

768

20,682 posts

126 months

Friday 3rd November 2017
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I don't miss renting.

Mafffew

2,149 posts

141 months

Friday 3rd November 2017
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They should have arranged an appointment beforehand. That is absolutely essential in my view, if they've not done that then you're within your right to raise hell for them.

Our estate agent always words it so we either arrange to be there, or arrange a time they can attend and use the key. So my assumption is if we arrange to be there, they aren't bringing a key to let themselves in. I don't know what the procedure is if you've agreed to be there and you're not, but it would be fair to assume they would try and contact you...


Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 3rd November 2017
quotequote all
They did provide the notice of inspection, I have no issue with this. I have issue with the fact they could have called as a matter of courtesy on getting no reply and asking if it was okay to enter the house.

Generally speaking, I love the place, love the fact that if anything goes wrong - heating, boiler, shower, etc all I have to do is get on the phone and it someone else's problem.

sc0tt

18,294 posts

231 months

Friday 3rd November 2017
quotequote all
Mafffew said:
They should have arranged an appointment beforehand. That is absolutely essential in my view, if they've not done that then you're within your right to raise hell for them.

Our estate agent always words it so we either arrange to be there, or arrange a time they can attend and use the key. So my assumption is if we arrange to be there, they aren't bringing a key to let themselves in. I don't know what the procedure is if you've agreed to be there and you're not, but it would be fair to assume they would try and contact you...
Well they did.

The Surveyor

7,624 posts

267 months

Friday 3rd November 2017
quotequote all
Tyre Smoke said:
They did provide the notice of inspection, I have no issue with this. I have issue with the fact they could have called as a matter of courtesy on getting no reply and asking if it was okay to enter the house.

Generally speaking, I love the place, love the fact that if anything goes wrong - heating, boiler, shower, etc all I have to do is get on the phone and it someone else's problem.
What did the notice say would happen if you were not in, or you (or the person you left in charge of the property, your son) didn't let them it?

Did your son know they were due at 9?

creampuff

6,511 posts

173 months

Friday 3rd November 2017
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Douglas Quaid said:
I had this happen. Naked photos of my then girlfriend were stolen. Solution is to buy a house.
Was she hot?

creampuff

6,511 posts

173 months

Friday 3rd November 2017
quotequote all
220s plenty said:
Change the locks - replace the old locks when you leave. LL should have given notice.

Edit - Just re-read they had given notice and they were between times stated. I'd still change the locks.

Edited by 220s plenty on Friday 3rd November 10:09
Don't change the locks. The agent turned up at the stated time, within a few mins, which was notified in advance.

If I found out the locks were changed in one of my rentals (and I would find out as I ask the agent to check the locks on each inspection), then I'd turf thevtensnts out at the end of the AST whether they wanted a renewal or not. I'd also ask the agent to be picky, when normally I'd let minor stuff go.

OTOH they did turn up a few mins early. I'd email them and point out what happened and suggest they keep to the agreed time next inspection.

ashleyman

7,284 posts

129 months

Friday 3rd November 2017
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At least they told you they would be coming.

My landlady turned up once with a tradesman one day and hadn't notified me. At least she rung the doorbell which woke me up. Had I not answered the door I expect she'd have let herself in.

Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 3rd November 2017
quotequote all
There is absolutely no chance of me changing the locks, although I have done that already on the landlords instruction, but that's not relevant.

I've sent them an email pointing out that a quick phone call to me if there was no reply at the door, asking if it was okay to enter would have been polite and the better option than letting themselves in. Which I understand technically they've done nothing wrong, but it would have been better to keep the relationship harmonious.

Jeremy-75qq8

1,757 posts

122 months

Friday 3rd November 2017
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Your cats looked. scared ....

Please get a life! Landlord said he would turn up. He did. You were not there. His house. Let himself in.

I suspect he did ring the bell but your son didn't hear it.

As for the cats ....


Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 3rd November 2017
quotequote all
Jeremy-75qq8 said:
Your cats looked. scared ....

Please get a life! Landlord said he would turn up. He did. You were not there. His house. Let himself in.

I suspect he did ring the bell but your son didn't hear it.

As for the cats ....
Yeah, thanks for your input. Go back to lurking. There's a good chap.

CubanPete

3,806 posts

218 months

Friday 3rd November 2017
quotequote all
They gave you notice, an alloted appointment time, and they stuck to it.

It was you who went out and left your son in bed at the agreed time.

I don't think the fault lies with the agent / landlord.


Short Grain

3,435 posts

250 months

Friday 3rd November 2017
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You knew they were coming. Would your errand not wait for an hour? Also, could've got your son up if you really had to run your errand! Or given the LL / Agent a quick call to advise and ask them to wait outside for 5 - 10mins. As far as they were concerned, you may have forgotten, were trying to avoid them, or were lying unconscious on the floor.

In which case we'd probably have had a thread entitled, 'I was unconscious on the floor and LL/Agent didn't let themselves in for our appointment. I could've died!!' wink