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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32257
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Are guaranteed agance agent can come to renting house with

Customer Question

Are guaranteed agance agent can come to renting house with 30min notice when I was aboard and don’t give them permission just my 26 yrs old son disebled
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Harlow essex
JA: Has anything been filed or reported?
Customer: yes it’s start do photo around whole house opening cupboards do photo of my dughter and son rooms beds underwear left on bed photos hanging on my doughier wall etc
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes I’m start to worry bcos I got some 800£ indebtedness just I’m pay regular and reduce that a lot on last few months agent nw it’s start blackmail me to take beillif if don’t pay full amount I don’t fill relay safe from agency what should help no scare
Submitted: 21 days ago.
Category: Property Law
Expert:  Joshua replied 21 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 21 days ago.

I'm sorry to read of the above. May I clarify this is a situation where you rent a property and have sole occupation of the property with the landlord not living as a resident landlord with you and the lettings agent is turning up to conduct viewings without permission please?

Customer: replied 21 days ago.
Hi Joshua landlord not living house I don’t even know landlord my point most it’s agent came to my house what I’m rent with no permission and give me 30 min notice it’s come I was in Poland that time bcos my brother die and at home was only my 2 sons 1 son 14yrs old it was that time in school another son it’s 26 yrs old it’s disabled don’t got right leg it’s got protease
2 guys come from that agency walk around house and do photo of all my stuff open cupboards and make photo what it’s inside do it’s my kids desk computers beds
My 17 yrs old daughter was with me that time in Poland and that 2 agent go to her room make photo of dirty underwear of do it photo of all photos my dughter with friends on that photos what my daughter got stick on wall end I don’t know what I can do go to police report on that or citizen advise
Also got planty messages of blackmail me if I don’t pay it’s take bailiffs to out me it’s say I must out all my stuff what I’m keep on garden it’s some my car parts what it’s need them pls let me know if that what it’s done it’s right with law I was read of tenets right and it’s say there agent or land lord need give at last 24hr notice for inspection then tenants can be make home ready for that and cover all privet documents and stuff like that and here we don’t got nothing chance to get ready it’s send me all that report on email Inc all my hose and stuff photos Inc that report
Expert:  Joshua replied 21 days ago.

Thank you. There is an implied covenant (provision) in respect of all tenancies for "quiet enjoyment" the property once a tenancy is granted - Smith v Nottinghamshire CC, Times, 13 November 1981, CA (Civ Div).

what this means is that once the tenancy is provided, the tenant has a right to live at the property without interference from the landlord or anyone acting for him. it is possible for a tenancy agreement to contain provisions for access but those access rights do not trump the common law covenant for quiet enjoyment. In other words, if you say that the landlord cannot access the property and actively object to any access, the landlord cannot use any of the above clauses as a basis to access the property anyway. That would amount to a breach of the protection against eviction act which is both a criminal offence and can give rise to civil damages.

accordingly, the starting point is that you can simply refuse access for the purposes of viewings inspection, or otherwise at your discretion whether that is reasonable or not. It is possible for a landlord to seek an application for an injunction where they can demonstrate that access is necessary for the purposes of statutory obligation such as maintenance or repair and in principle, for the purposes of inspection though usually, a court would not readily grant an injunction for an inspection unless there is a particular reason that the landlord can show as regards ***** ***** inspection is necessary.

notwithstanding the above, excessive amounts of inspections could amount to a breach under the protection against eviction act in its own right if it is shown to be designed or has the result of causing you to give up possession.

Expert:  Joshua replied 20 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 19 days ago.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 18 days ago.
I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.