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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, we live in a rented house and have been for the last 4

Customer Question

Hi, we live in a rented house and have been for the last 4 months. The estate agent who the house is with phoned me yesterday and said she had been to the house last week and let herself in to do an inspection she said she had sent a letter but we haven't received anything, we weren't very happy as we were out at work and could have had anything lieing around we just feel as if she should have rung or sent another letter as we obviously hadn't replied. We were just wondering what they are legally allowed to do as this can't be legal? Thanks
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Did they give you any notice? What does the contract say if anything about notice please?
JACUSTOMER-jkwn7rsc- : Thanks they said on the agreement when we first moved in that there would be an inspection at 3 months it is now 4 months we have lived here and had nothing to say anything about an inspection until the phone call yesterday saying they had already been into the house last Thursday. They claim to have sent a letter but we had nothing. Thanks
Alex Watts : Does it allow access in the contract and do they need to give you notice as per the contract please?
Expert:  Nicola-mod replied 4 years ago.

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,
Customer: replied 4 years ago.
Hi sorry I don't think my last email sent, all the contract says is. "I will be contacting you after approximately three months to arrange an inspection of the property and to discuss any issues you may have". The. On another page it says, "to permit any superior landlord, the landlord or the landlords agent and all other persons authorised by the landlord with or without workmen and others and with all necessary equipment at all reasonable times upon not less than two days notice (exept in the case of emergency) to enter upon the premises and to examine the condition of the same or to inspect, maintain, repair, alter or improve or rebuild adjoining or neighbouring property or to maintain repair or replace the fixtures and fittings or for the purpose of complying with any obligations imposed on the landlord by law or for carrying out any works of maintanence or repair to the premises which the landlord may consider necessary." That is all we can find in the contract which mentions anything about coming in the house, thanks
Expert:  Ash replied 4 years ago.
So that I understand, there was an inspection. It did you not know about it u too after it happened?

Customer: replied 4 years ago.
Yes there has been an inspection and no we had no idea they were coming until they phoned me Afew days after.
Expert:  Ash replied 4 years ago.
It is legal what they have done but it is a breach of contract, this is because the contract states that they must give you two days notice before they come and inspect. They did not. Therefore the contract has been breached and you could sue for loss and damage.

You need to write and set out your losses and request payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?