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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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I'm at the end of a tenancy agreement and I need some advise

Customer Question

Hi I'm at the end of a tenancy agreement and I need some advise regarding estate agents
Submitted: 9 months ago.
Category: Property Law
Expert:  Remus2004 replied 9 months ago.
How can I help with this please?
Customer: replied 9 months ago.
I'm at the end of a tenancy agreement and I need some advise regarding estate agents
Customer: replied 9 months ago.
I have given my 2 months notice and they came around to view the property before they put in the market. There they asked me if I have any spare keys but I said that I'd like to be there when they show the flat as all my belongings are there, after they arrange a convenient time with me as per our contract
Customer: replied 9 months ago.
However, they later discovered that they had keys in their office which they have kept without my or the landlord's knowledge for the past 2 years I have been in the flat
Customer: replied 9 months ago.
They also call me only with 2 hours notice and insist to allow them to come around without me being there, I also have the suspicion that yesterday they entered the flat while I was at work without even giving me a call to let me know they were coming. I'd like to know my rights and how I can stop this behavior
Customer: replied 9 months ago.
I have complained to them many times. Their response was to apologize and promise to give me 24 hours notice and arrange an appointment with me. They have also contacted the landlord which let them keep the keys for "emergencies" as me loosing my keys when he is not available.
Customer: replied 9 months ago.
They said this is as per contract but I read the contract and there is no mention about the estate agents keeping extra keys. They are not even the management company, the landlord is responsible for all maintenance
Expert:  Remus2004 replied 9 months ago.
OkSo what would you like to know about this please?
Customer: replied 9 months ago.
To who I can complain about them having keys to my flat, and requesting viewings without the notice period stated in the contract and how I can get my keys back
Customer: replied 9 months ago.
what happens when someone breaks the terms of the tenancy agreement
Customer: replied 9 months ago.
I'm looking for a way to stop them calling 2-3 times a day asking if they can just pop around in an hour
Customer: replied 9 months ago.
if I say I'm not there they say no worries we'll use our keys. This is clearly not acceptable and against the tenancy agreement
Expert:  Remus2004 replied 9 months ago.
They are entitled to keys to the property.They are also entitled to access to the flat athough they do have to give no less than 24 hours notice by received means if they intend to use it.They are entitled to show prospective tenants around though as long as notice is given.2-3 phone calls a day is not unreasonable I'm afraid.They can use the keys without you being there if you agree. If you do not then they should make an appointment for when you are there although they only have to offer three separate alternatives before they can gain access without your consent.Can I clarify anything for you?Jo
Customer: replied 9 months ago.
They kept keys to the property for 2 years without my knowledge or the landlords that surely can not be legal?
Expert:  Remus2004 replied 9 months ago.
No, that is very definitely legal. They are entitled to keys.
Customer: replied 9 months ago.
in what capacity?
Customer: replied 9 months ago.
they are not the property managers
Expert:  Remus2004 replied 9 months ago.
But they are agents of the landlord.
Expert:  Remus2004 replied 9 months ago.
Even if they are not there is no wrongful or unlawful act in keeping the keys per se.

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