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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice.
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The landlord's agent is accessing the flat I'm renting without

Customer Question

The landlord's agent is accessing the flat I'm renting without notifying me. This happened repeatedly. Can I sue the landlord or the agent? This is definitely against the law. Can I move out before the end of the fixed term tenancy in such a case?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
You cannot move out. It is just not a ground.
Whether you can sue depends really on the frequency of these visits. This is a trespass. to be made out there needs to be damage. I presume there is not. You could drop down upon harassment but there needs to be a number of incidents to make that out. Also, it is very difficult to quantify the loss and therefore arrive at an award. However, in principle you do have a claim.
They do actually have a right to reasonable access but they should notify you of their intention to visit with no less than 48 hours notice by a received means. If they cannot reach you then they should not be letting themselves in unless they have a tenant who is literally hiding to avoid them.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.

The flat is in a mess when they access the flat, i.e. dirt on the floor and stained carpet. I already raised this with the landlord. Can I ask the landlord to have the lock exchanged?

Expert:  Remus2004 replied 2 years ago.
Yes, but you would have to give him a key. He is entitled to a key.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Do I have to put my boyfriend's name if he visits on the weekend? the agent says that I'm in contractual breach if he does not get added? Is this right. I made an advance payment of 6 months. Do I have to deal with the agent, who's trying to intimidate me or can I just ignore such emails?

Expert:  Remus2004 replied 2 years ago.
You cannot just ignore the agent. This is a genuine contractual issue and he has every right to contact you about it.
You don't have to seek permission to have visitors at the weekend but the agent will be saying he is living there permanently. He can try to evict on that basis but he won't do that unless he wants you out reasons.

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