Legal Peeps - Letting agent breaching access rule in contract?

[ElectricNaz]

Okay hopefully I can get some advice here, I wanna know if it's worth pursuing this?

Got an email yesterday at 15:32 saying:

Dear Sir

I tried to contact you today in relation to the Portable Appliance Test which was due to take place on Monday 14th. Due to unforeseen circumstances I have had to reschedule the engineers diary and he will be attending today.

The engineer will pick the management keys which are held at the *letting agent name* Staines branch.

Thank you for your co-operation

Kind regards

First of all, I hadn't been told that they were coming on Monday 14th. I called them as soon as I got the email at work (at 16:00), and told them I didn't want anyone in the house until I was there to supervise. I said it should be reasonable enough as I would be home in 30 mins.

Low and behold, when I get back home just before 16:30, he's already in the kitchen when I specifically called the company and told them that he didn't have permission to access.

Anything I can do to get compo? Or can letting agents just do what they want these days?

Contract says:


2.62. To permit the landlord or his agent or authorized workman, from time to time upon a minimum of 24
hours prior written notification (except in the case of emergency), to enter the premises during
working hours and or at other reasonable times including weekends, to inspect the premises, its
fixtures and fittings, and to do work which might be required from time to time in order to fulfill
obligations under this agreement or relevant legislation.

This definitely wasn't an emergency, as I was originally notified on March 25th that they would be contacting an engineer in regards to a PAT test (with no mention of a date). I think it's taking the p*ss if they think it's okay to give 58 minutes notice (and probably less than that as he'd nearly finished by the time I got home)

 

[Goldstone1976]

Okay hopefully I can get some advice here, I wanna know if it's worth pursuing this?

Got an email yesterday at 15:32 saying:

Dear Sir

I tried to contact you today in relation to the Portable Appliance Test which was due to take place on Monday 14th. Due to unforeseen circumstances I have had to reschedule the engineers diary and he will be attending today.

The engineer will pick the management keys which are held at the *letting agent name* Staines branch.

Thank you for your co-operation

Kind regards

First of all, I hadn't been told that they were coming on Monday 14th. I called them as soon as I got the email at work (at 16:00), and told them I didn't want anyone in the house until I was there to supervise. I said it should be reasonable enough as I would be home in 30 mins.

Low and behold, when I get back home just before 16:30, he's already in the kitchen when I specifically called the company and told them that he didn't have permission to access.

Anything I can do to get compo? Or can letting agents just do what they want these days?

Contract says:


2.62. To permit the landlord or his agent or authorized workman, from time to time upon a minimum of 24
hours prior written notification (except in the case of emergency), to enter the premises during
working hours and or at other reasonable times including weekends, to inspect the premises, its
fixtures and fittings, and to do work which might be required from time to time in order to fulfill
obligations under this agreement or relevant legislation.

This definitely wasn't an emergency, as I was originally notified on March 25th that they would be contacting an engineer in regards to a PAT test (with no mention of a date). I think it's taking the p*ss if they think it's okay to give 58 minutes notice (and probably less than that as he'd nearly finished by the time I got home)

On the facts as you present them, they are probably just within the contract. The clause says that they have to give you 24 hours written notice. Given they contacted you on 25 March, they have fulfilled that obligation. The 14 March thing is a red herring - if they hadn't mentioned it, you would have been none the wiser about it and the fact that they had given you more than 24 hours notice would be the salient point.

Now, of course they should have told you about the 14 April, and given you more notice that the engineer's schedule had to be changed, but that's a "should" professionally, not legally.

Even if they were in clear breach of the contract, which I do not believe they are, in order to claim compensation you would have to demonstrate tangible loss (or damage). What damage have you actually suffered?

Sorry, but I think the most you can do is write a letter of complaint to the agent. You might a letter of apology, or you might hear nothing

 

[ElectricNaz]

Thanks. No loss or damage, but my new cat was pretty stressed out and had under the bed for a couple of hours because she hates strangers.... maybe I can claim for her suffering instead? (Tongue firmly in cheek there)

I'm just annoyed as it's a long series of events with them. They also copied my Ex-GF into the email, despite her not having lived there for 18 months, and me having complained 4 times previously to them to take her details off of the account - her name isn't even on the contract! I last contacted them in March to remove her contact details from the system, and they confirmed this had been done (this confirmation was a week before them mentioning about contacting an engineer RE: A PAT test).

Just feel like they're doing what they want, when they want! Shame really because I like the house and the landlord seems like a good guy. Letting agents are clueless though.

 

[drew]

Thanks. No loss or damage, but my new cat was pretty stressed out and had under the bed for a couple of hours because she hates strangers.... maybe I can claim for her suffering instead? (Tongue firmly in cheek there)

I'm just annoyed as it's a long series of events with them. They also copied my Ex-GF into the email, despite her not having lived there for 18 months, and me having complained 4 times previously to them to take her details off of the account - her name isn't even on the contract! I last contacted them in March to remove her contact details from the system, and they confirmed this had been done (this confirmation was a week before them mentioning about contacting an engineer RE: A PAT test).

Just feel like they're doing what they want, when they want! Shame really because I like the house and the landlord seems like a good guy. Letting agents are clueless though.

Surely the answer is to sack them and appoint new agents? Whether that means terminate the contract immediately due this latest incident and the continuing problem of them notifying your ex or you put them on notice to terminate depending on the conditions of your contract?

 

[Goldstone1976]

Surely the answer is to sack them and appoint new agents? Whether that means terminate the contract immediately due this latest incident and the continuing problem of them notifying your ex or you put them on notice to terminate depending on the conditions of your contract?

He's the tenant, not the landlord.... it's not his call.

 

[Vegas Seagull]

Fuss over nothing, buy your own place or put up and shut up

 

[Billy the Fish]

They're all c***s.

I had it the other way round once, british gas had to do the boiler safety cert but wouldn't collect the keys from the agent and wanted someone there. The agent called me and said I'd have to take time off work because the landlord lived too far away and they couldn't spare anyone to wait for british gas.

I told them it's their problem not mine, which turned into a massive argument about the bit in the contract that you have to allow access and them threatening to take any charges out of our deposit.

At the end of the day they've got your trousers constantly pulled down ready to double fist you! It's too much effort and time out of your life to fight them and there's always the threat of losing more of your deposit than you need to. It's prison rules in this case - just bend over and think of england

 

[Gullflyinghigh]

Fuss over nothing, buy your own place or put up and shut up

Does this mean that those of us who can't yet afford our own place (or the mental deposit anyway), yet are saving to do so whilst renting, should just accept whatever comes our way?

Bit of a narrow way of looking at it don't you think?

 

[Guy Fawkes]

Okay hopefully I can get some advice here, I wanna know if it's worth pursuing this?

Got an email yesterday at 15:32 saying:

Dear Sir

I tried to contact you today in relation to the Portable Appliance Test which was due to take place on Monday 14th. Due to unforeseen circumstances I have had to reschedule the engineers diary and he will be attending today.

The engineer will pick the management keys which are held at the *letting agent name* Staines branch.

Thank you for your co-operation

Kind regards

First of all, I hadn't been told that they were coming on Monday 14th. I called them as soon as I got the email at work (at 16:00), and told them I didn't want anyone in the house until I was there to supervise. I said it should be reasonable enough as I would be home in 30 mins.

Low and behold, when I get back home just before 16:30, he's already in the kitchen when I specifically called the company and told them that he didn't have permission to access.

Anything I can do to get compo? Or can letting agents just do what they want these days?

Contract says:


2.62. To permit the landlord or his agent or authorized workman, from time to time upon a minimum of 24
hours prior written notification (except in the case of emergency), to enter the premises during
working hours and or at other reasonable times including weekends, to inspect the premises, its
fixtures and fittings, and to do work which might be required from time to time in order to fulfill
obligations under this agreement or relevant legislation.

This definitely wasn't an emergency, as I was originally notified on March 25th that they would be contacting an engineer in regards to a PAT test (with no mention of a date). I think it's taking the p*ss if they think it's okay to give 58 minutes notice (and probably less than that as he'd nearly finished by the time I got home)

I've highlighted the revelant bits in your quote regarding the contract.

Looks like they have done what they needed to do and haven't breached their contract with you in the process (to me anyway) but if your not happy (especially with the lack of notice - why don't you go to the CAB and see what they think?

 

[HHGull]

If you know the landlord why not speak to him and suggest he sacks the letting company and sets up a private agreement with you? It'll be cheaper for him and if you're a low-hassle tenant it may interest him. It may not, but worth a go.