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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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A letting agent wishes to gain entrance to the property against

Customer Question

A letting agent wishes to gain entrance to the property against our will and have given less than 24 hour notice.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

How can I help with this?
Customer: replied 3 years ago.

We have been contact less that 24 hours from the point they wish to gain entry to the property and we requested the letting agency to postpone the time and give us options to be able to attend the property. they have ignored our wishes. they emailed us after 18:00 this evening that they will be coming tomorrow morning at 11:00 in the morning to the property. Can we restrict their access due to not giving enough notice? Can they still insist to get access? If in this case they are not allowed to forcefully gain access can we call the police or take any other action?

Expert:  Jo C. replied 3 years ago.
Whats the reason for their visit?
Customer: replied 3 years ago.

A building company wishes to take window measurements for a contracting job to replace the existing windows. We requested to be present when they come so we may address questions to them as the next time they come will be to fit the windows and we need to know prior what preps we need to take to make sure our own property and belongings are safe and will nto be damaged.

Expert:  Jo C. replied 3 years ago.
Is this the first appointment you have been offered?
Customer: replied 3 years ago.

yes. We were unable to take time of work they still insisted to attend the time tomorrow morning. They are unwilling to reschedule.

Expert:  Jo C. replied 3 years ago.
You are entitled to 48 hours notice by some received means and they should rearrange if its not convenient for you.

However, the question of what you actually do about it is more complicated.

The police will not have the remotest interest in this I'm afraid. Their view will be that its a civil matter and you should see solicitors.

If they gain access contrary to your express instructions then that is trespass but unless they cause damage or otherwise cause you actual financial loss you will struggle to bring a claim since there is no loss for which to claim.

The usual remedy is just to refuse them access. They are not realistically likely to use force as there would be potentially other offences in that.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

Customer: replied 3 years ago.

Thank you Remus2004 for your information. It does give us an answer and we do have an option and we would like to have the additional information as well. thank you.

Expert:  Jo C. replied 3 years ago.
What else did you want to know?

Delighted to continue with this but please rate my answer.
Customer: replied 3 years ago.

one last question in relation to this, is entering the back garden which is fenced off also entering the property?

Expert:  Jo C. replied 3 years ago.
Sorry, was off over night.

It depends whether there is access. Every garden is private property but if there is a path running up it then it invites visitors.

If this is fenced off entirely then entering would be trespass but you still have the problems I mentioned above.

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