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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice
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Hello, I just gave my landlord and estate agency a 2 months

Resolved Question:

Hello, I just gave my landlord and estate agency a 2 months notice. From Monday I already had a landlord's inspection with 2 agents, on Tuesday the agent booked himself for a viewing an hour before, on Wednesday I agreed for one viewing. At the same time the other agent called me asking for a viewing 2 hours later which I didn't allow. They called me later to have another viewings the next day at 1pm. Later I got a text message from a third agent to book another viewings at 1pm,4.30pm, 6.45pm and 7pm the next day too. I didn't reply straight away so he called me 5min.later asking if he can come tomorrow. I said I will let him know as I may be away. He said that it's ok cause he will let himself in with the agency keys. I said that I prefer to be at home when the're coming to view. He replied it's not good for our clients as they can only see the flat at certain times. I said that it's not convenient for me to have a viewing on that day and I don't give them permission to come. He got upset and said that the landlord authorised that he can enter the flat with the keys and he will enter. He will just let me know that he is coming 24 hours before and he let himself in. Generally from 12:00 5 calls and two texts and there was a viewing too. I feel
exausted and stressed by the whole situation and I feel that it's not my home anymore. It actually feels like a full time job and having visits all week. I cannot concenrtate on anything and I have a headache every day now. What can I do? It just feels not right for me and I even scared now that somebody may come anytime now and just open the door.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 2 years ago.
Is it breaking a law?
Expert:  Jo C. replied 2 years ago.
Thank you.

In short, it's likely that I can only give you bad news.

Come what may, you have given notice. When you give notice the landlord and his agents are entitled to “reasonable access" for things such as viewings.

What reasonable access means is always a matter for the court but, I'm sorry to say, that I suspect here that the court would say that the actual access is reasonable and it is just that the agents are being fairly pushy about their rights.

He should give you no less than 48 hours notice by received means of a visit and you are able to refuse and make another appointment. The difficulty here is that although he is making threats to enter with his keys he has actually done it yet. If he did enter with his keys without your agreement, save for genuine emergencies, then that would be trespass. All you have done so far is threaten a trespass which is not against the law per se.

Obviously if you agree to them gaining access without you being there then he can do so but that's not what happened here.

The only thing that you could argue is that the volume of viewings is excessive. I suspect, in truth, the court would say that although they are rather on the heavy side they do not amount to unreasonable access in the last 2 months of the tenancy agreement.

If he does attend without your agreement then you can refuse him entry and if he does not respect that then that would be trespass and probably harassment.

I'm very sorry but I have to give you truthful information.

Hope this helps. Please let me know if you need more information.

Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience: Over 5 years in practice
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