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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The letting agent entered my empty property and moved all of

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the letting agent entered my empty property and moved all of the items, without informing me so when i entered the property to move the furniture i thought I had been broken into. what can i do ?
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
as you have charged me already - i would appreciate a response immediately - i thought i would only be charged once i am happy with the response
Expert:  Ash replied 1 year ago.
I have replied here:
http://www.justanswer.co.uk/property-law/98dc0-estate-agent-managing-property-entered-property.html
Customer: replied 1 year ago.
i have not suffered any loss, just thought the house had been burgaled when i entered it.
on the agreeement it states that i need to be informed of any visits to the property
Expert:  Ash replied 1 year ago.
Ok. How much do you want to claim?
Customer: replied 1 year ago.
claim?? I would like some advise on whether they were in their rights to do this and not inform me. I would not have been any of the wiser if I had not gone to the property to collect something. They were not going to tell me. The reason for thier visit was to complete the inventory, which i agreed was going to be done four days later. she has apologised and mentioned that she moved everything back, but nothing was moved back.
Expert:  Ash replied 1 year ago.
The agreement should say whether they are entitled to enter and do an inventory. If it does NOT allow this then NO, they can't.
Usually it says they can enter for inspection but with 24 hours notice. But check the agreement, if it does not say they can, then they are unable to.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
i am the landlord and the property is empty, the tenants are moving in on Thursday and it was agreed that the inventory would be completed on wednesday (day before) once I had moved the last items. I agreed for them to complete the inventory on wednesday. they did this on Friday. i said that they could manage the property and signed the agreement the day before. it states that they can complete an inventory.
Expert:  Ash replied 1 year ago.
Ok, then you need to check to see what it says in your contract with the agent. They can't just do it unless the agreement allows or you give permission.
Does that help?
Alex
Customer: replied 1 year ago.
" the contract states that they can prepare a detail photo inventory of the property before moving in"
They told me this would happen on Wednesday and i said that was OK and I would like to be there if they have any questions.
The agent changed the date, moved everything in the property and left the curtains open ( it is on a main road and I alwasy close them) and did not inform me at any stage. I was only aware when i had to collect something from the property and saw the mess. what, if anything can i do?
Customer: replied 1 year ago.
is there anything i can do? or should i just accept that the agent is sorry. i am concerned that they will enter the property again without informing me. In this instance I had to check all of the furniture to make sure nothing has been damaged or is missing - the trust has gone with the agent, but I have signed a management agreement so I have to let them manage it now - is there anything i can do?
Expert:  Ash replied 1 year ago.
You can sue for breach of contract and terminate the agreement. But you would need to put s figure on any loss.
Alex
Customer: replied 1 year ago.
can you clarify on what you mean by any loss? what loss would have i have occured?
i have inspected the items in the house and none were damaged or missing, but i did not have go up to the property to check this ( a trip i was not planning on doing) extra petrol expense and stress involved on walking into the property and finding in the mess
Expert:  Ash replied 1 year ago.
Extra petrol and stress is a loss. It's s nominal loss but still a loss.
So anything that has cost you extra had they not done what they did.
Alex
Customer: replied 1 year ago.
OK - when the estate agent apologised she detailed that she has put the items back in the original position - this was a lie, (nothing was in the right position) two people were in my house - i didn't know that two people were in the house. The estate agents want me to go to the property on a different day now so they can complete the inventory. Originally everything was going to be ocmpleted on the wednesday - electrical checks, inventory. now the checks are going to completed on tuesday - i have stated that i want to be there for work to the house, wednesday for the inventory, thursday for the tenants to move in. they have not confirmed with me that they are moving the tenants in as they have not asked me to show them how to use the boiler (it is a strange one) so how can they show the tenants. this means i have to go up there to show the tenants. all little things but they are not leading on this. your recommendation is that i can terminate the agreement as they have breached it and ask them to pay compensation for any inconvience that they have caused me by not completed the items covered in the contract? how would i do this?
Expert:  Ash replied 1 year ago.
You would simply write and set out your position as you have described to me, say they have breached the contract and its terminated.
Does that help?
Alex
Customer: replied 1 year ago.
thank you
Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.
i was waiting for the agent to get back to me before i replied to you - their reply is
"The paragraph in the tenancy agreement is to ensure notice for the tenants, while they are living in the house. It doesn’t refer to our arrangements with a landlord/lady.In our management agreement, it’s not referred to either way. When we take on a property to prepare for tenants to move in, and it has nobody living in it , we usually access the property directly to carry out the activities involved and let the landlord/lady know how things are progressing as we go along, often retrospectively. This might include arranging an EPC to be carried out, booking the electrician’s visit, carrying out the photographic inventory, taking meter readings. This was my understanding of what you would like us to do to prepare for the new tenants at Number 2 when you gave me the keys. When I organised for the photographic inventory to be carried out earlier than the originally proposed date, I thought at the time it would be an initiative you would support, and I’m sorry if I was wrong about that."
i am confused as the agent tells me one thing and when i ask questions or question anything there is a change of arrangement e.g date. I did not like that they entered my property and moved my furniture and cleared my cupboards, when i trusted them with the keys. it is my only property, the agent is correct that it does not state on the management agreement anything about informing me, but one minute they infomr me and next minute they do not. it does not state on the agreement how much notice i need to give them to cancel the agreement - where do i stand legally. thank you
Expert:  Ash replied 1 year ago.
Legally you can say they are in breach of contract and therefore entitled to terminate. If the breach is significant then you can claim an immediate breach. So if in your view it is you can do it now, but you need to do it sooner rather than later.
Does that help?
Alex
Customer: replied 1 year ago.
can you clarify how they breached the contract - as the management agreement does not state giving me notice about entering the property, the only notice is stated on the tenacy agreement and giving notice to the tenant to inspect the propety
Expert:  Ash replied 1 year ago.
Section 13 of the Sale and Supply of Good and Services Act 1982 - they failed to act with all reasonable skill and care
Alex
Customer: replied 1 year ago.
ok, the service - of preparing the house for letting and liasing with me on the issues related to the letting of the house - they did not complete with reasonable skill and care. have i understood this correctly. many thanks
Expert:  Ash replied 1 year ago.
Great. Good luck.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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