Is a letting agent legally allowed to do this?
Discussion
A tenant goes on a weeks holiday, letting agent phones them but as they are abroad they don't get the call.
Letting agent leaves VM saying they want to show prospective new tenants around
Letting agent shows prospective new tenants around currents tenants home while they are on holiday.
Letting agent says that a VM is good enough notice.
Current tenants have not yet given notice but letting agent know they are buying a house.
Personally I'd be fuming that the letting agent has entered my home without my permission and showed a stranger round my home.
But can the letting agent legally do this?
BTW this is not a small town one man band it's a well know agency, well know up norrth.
Letting agent leaves VM saying they want to show prospective new tenants around
Letting agent shows prospective new tenants around currents tenants home while they are on holiday.
Letting agent says that a VM is good enough notice.
Current tenants have not yet given notice but letting agent know they are buying a house.
Personally I'd be fuming that the letting agent has entered my home without my permission and showed a stranger round my home.
But can the letting agent legally do this?
BTW this is not a small town one man band it's a well know agency, well know up norrth.
It's happened so nothing would change that.
Write a letter to the LA saying what they did is not acceptable. Clarify matters that in future all permission is denied unless they have permission from you.
Write a letter to the landlord clearly stating this also, but as there is no point shafting them explain that whilst you will not permit any showings though the current LA you will allow visits through other agents.
Write a letter to the LA saying what they did is not acceptable. Clarify matters that in future all permission is denied unless they have permission from you.
Write a letter to the landlord clearly stating this also, but as there is no point shafting them explain that whilst you will not permit any showings though the current LA you will allow visits through other agents.
skeggysteve said:
But can the letting agent legally do this?
The tenant has a right to quiet enjoyment of the property. That clearly wasn't affected, since the tenant wasn't even aware of the visit until later.The tenant has already discussed moving out with the agent - so the concept can't have come as a big shock, although it does seem a bit premature given notice hasn't been handed in yet.
Simplest way to ensure it never happens again is to change the lock. Change it back on leaving.
TooMany2cvs said:
...
The tenant has already discussed moving out with the agent..
No, the tenant hasn't discussed moving out with the letting agent.The tenant has already discussed moving out with the agent..
I'm guessing that the letting agent and the the estate agent that the tenant is buying via have talked to each other.
BTW It's a standard AST now on a monthly rolling thing.
I'll answer other point tomorrow.
I'd say it's a big no no. The tenants haven't given notice yet but even if they had that still doesn't give the LA the right to enter the property under those circumstances. Things might be different in England, but I need to give my tenant 24 hours written notice of entry into the property.
A bigger question to me is why the letting agent believes there will be a need for new tenants. They will not do anything without an agreement with the landlord, somebody has to pay their fees after all. If the tenant has not given notice why are the agency doing anything? Are we missing information from the OP?
Legally maybe not, but it's hardly going to reach court and as nothing's been lost (not even quiet enjoyment) I don't think you can expect anything more than a 'sorry'. I'd make it clear to them that you haven't given notice and therefore you will not be permitting any further viewings, then leave it at that.
Had a slightly similar situation a few weeks back when I gave notice on a flat and the owner decided to use my last month in the flat to do a bunch of decorating so she could bump the rent up for the next tenants. Pointed out that fell under neither repair nor maintenance and didn't hear any more about it.
Additionally, I'd point out they're obliged to give *notice* of visits, not ask for permission. If you didn't check the voicemail that's your lookout - the landlord isn't obliged to chase you up for a mutually convenient time. In this case the reason for the visit is dodgy, but if it'd been a gas check or something he'd have been entitled to turn up once notice has been given.
Had a slightly similar situation a few weeks back when I gave notice on a flat and the owner decided to use my last month in the flat to do a bunch of decorating so she could bump the rent up for the next tenants. Pointed out that fell under neither repair nor maintenance and didn't hear any more about it.
Additionally, I'd point out they're obliged to give *notice* of visits, not ask for permission. If you didn't check the voicemail that's your lookout - the landlord isn't obliged to chase you up for a mutually convenient time. In this case the reason for the visit is dodgy, but if it'd been a gas check or something he'd have been entitled to turn up once notice has been given.
There may be a clause in the contract stating the tenants have to let the agents know when they are on holiday, to avoid situations like this. Or when they are away from the property for a certain amount of time.
Most agents consider an email or voicemail etc as good enough notice. I'm not 100% sure on what is deemed to be acceptable, but the contract should say what forms they will give notice in. I don't think the tenants have to confirm, either. So if they send an email or leave a voicemail and the tenants don't object, then they'll just carry on as normal.
As no harm has come, and nothing was stolen etc, I don't really think it's worth them kicking off, as what's the point? It's done now. Just put it in writing to the agents that in the future they are only allowed to carry out viewings when they are present, and all viewings have to be confirmed with them.
Most agents consider an email or voicemail etc as good enough notice. I'm not 100% sure on what is deemed to be acceptable, but the contract should say what forms they will give notice in. I don't think the tenants have to confirm, either. So if they send an email or leave a voicemail and the tenants don't object, then they'll just carry on as normal.
As no harm has come, and nothing was stolen etc, I don't really think it's worth them kicking off, as what's the point? It's done now. Just put it in writing to the agents that in the future they are only allowed to carry out viewings when they are present, and all viewings have to be confirmed with them.
TooMany2cvs said:
Skyrat said:
but I need to give my tenant 24 hours written notice of entry into the property.
They did give notice. Not written, but that's not (afaia) explicitly required by law, although it might be in the tenancy.As above OP, I would most certainly check you have nothing missing or damaged now.
I have a fairly standard AST on my desk at the moment -- it has this clause in it:-
"To allow the Premises to be viewed by prior mutually acceptable appointment, at
reasonable times, during normal working hours; 8.30am-7.30pm Monday to Friday and
9.00am-3.30pm on Saturdays, and upon the Tenant being given at least 24 hours’
notice in writing, following a request by any person who is (or is acting on behalf of) the
Landlord or the Agent and who is accompanying a prospective purchaser or tenant of
the Premises"
"To allow the Premises to be viewed by prior mutually acceptable appointment, at
reasonable times, during normal working hours; 8.30am-7.30pm Monday to Friday and
9.00am-3.30pm on Saturdays, and upon the Tenant being given at least 24 hours’
notice in writing, following a request by any person who is (or is acting on behalf of) the
Landlord or the Agent and who is accompanying a prospective purchaser or tenant of
the Premises"
skeggysteve said:
A tenant goes on a weeks holiday, letting agent phones them but as they are abroad they don't get the call.
Letting agent leaves VM saying they want to show prospective new tenants around
Letting agent shows prospective new tenants around currents tenants home while they are on holiday.
Letting agent says that a VM is good enough notice.
Current tenants have not yet given notice but letting agent know they are buying a house.
Personally I'd be fuming that the letting agent has entered my home without my permission and showed a stranger round my home.
But can the letting agent legally do this?
BTW this is not a small town one man band it's a well know agency, well know up norrth.
As some have said arla or not some agents do as they please, come across one or to. Letting agent leaves VM saying they want to show prospective new tenants around
Letting agent shows prospective new tenants around currents tenants home while they are on holiday.
Letting agent says that a VM is good enough notice.
Current tenants have not yet given notice but letting agent know they are buying a house.
Personally I'd be fuming that the letting agent has entered my home without my permission and showed a stranger round my home.
But can the letting agent legally do this?
BTW this is not a small town one man band it's a well know agency, well know up norrth.
Depends on what your tenancy shows, most allow for showing of prospective tenants once in notice period. However normally with written notice not a vm. But for agurements sakes you give x notice in writting and tenant is on hols then you could.
There are also some clauses with regard to holidays and being away from the property. Some will state 21 days or more with no occupation without prior notification is abandonment.
Its a bit shakey on both sides as if the tenant was abroad for a period when they know the property is in relet phase, they should of notified the agent just to be sure and clear.
Could be viewed as breach of quiet enjoyment but since tenant is going, I doubt it.
The landlord is entitled to relet to avoid periods of costly empty months.
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