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Jo C.
Jo C., Barrister
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My son rents a property and whilst he was away the rental agency

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My son rents a property and whilst he was away the rental agency have given an estate agent a key to view. They left the door unlocked and the outside light on with the curtains in the dining room left open. My son sent them an email refusing entry and the agency simply said they would let the estate agents know. He has very important docuents in his home and is very worried about them His tenancy is not up until October. They will not let him leave early to rent somewhere else, and he wonders what he can do to ensure the safety of his possessions.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
A landlord or his agents cannot enter without the tenant's consent save for certain exceptions that don't apply here.
If they do then they commit the civil wrong of trespass for which he could sue.
In terms of what he can do for the future, the practical reality is that until they misbehave there are very limited options. You cannot generally get court orders that prevent a person doing something they shouldn't be doing anyway. The law generally provides a remedy after the wrongful act rather than before.
Of course, if he sues on this occasion then that would act as a deterrent for further trespassers.
Changing the locks will be ineffective because he will have to give them a copy of the new key.
If he doesn't want to sue then he could get a solicitor to write to them warning them of the tort of trespass or, more economically, he could do it himself. That is often surprisingly effective.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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