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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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Deatr Sir, I have a house on the market with Hurfords Peterborough

Customer Question

Deatr Sir, I have a house on the market with Hurfords Peterborough Cambs. It is empty, and I have just discovered that JOSH hurford M.D. has allowed the gardens to be used for a photo shoot without our knowledge and without asking permission . I also am think that money may have exchanged hands. I need to know if I have any legal redress?
Regards, XXXXX XXXXX
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Thank you for the question. This is a most unusual set of circumstances. It is possible that the photographer(s) were trespassing as they were entering your property for an purpose that was not impliedly or expressly permitted by you. However it is possible that Hurfords have purported to grant permission and thus the photographer was not knowingly trespassing as they were acting on the authority of your agent. However an estate agent does not normally have authority to grant permission for a photo shoot and unless they agent told them that you had in fact granted permission ( i.e. lied to them) then they were not entitled to rely on the agent. So first you can write to the photographer saying they trespassed in carrying on the photo shoot and you require compensation. Secondly the agent has authority to bing prospective viewers into the property ( if you agreed to that) .They have no authority to admit people for other purposes so they are in breach of their contract with you and you can complain to them and again ask for compensation.

If you do not want to threaten legal action you can complain to the ombudsman if the agent is a member of one of the ombudsman services - which should be clear from their website and their contractual documentation