I'm hoping some of you CD-ers can help.

We are leaving our current rented house because we've bought somewhere (Yay - feel like a real grown up now!).  I've given the landlord agency our notice and they are marketing the property to rent again.  They phoned me yesterday to arrange a viewing for today, well within their 24 hour notice period.  They told me the appointment was for 12.30 and I said I needed to be there because of the dogs, but it wasn't a problem as I go home at lunchtime every day anyway. 

So I pulled into my drive at 12.10 today to find them in the house with the 'viewers'!  I was livid!!  As it happens my dogs were only barking, but who can guarantee that they wouldn't be aggressive with total strangers coming into the house?  I feel the agent not only put themselves at risk, but the people who were viewing the property, not to mention me and my dogs (we all know what would happen if someone was bitten!). I also worry that they could get out with unprepared people opening doors, but of course that isn't going to be the agents' concern. Does anyone know if what they did was technically within the law?  I'm now worried about leaving the dogs at all in case they do it again.  I can cordon them off into the back of the house, but this is only behind a baby gate and 3 Labradors that felt threatened could certainly jump it.  I would like to make the agency aware that they did something wrong so that they don't do it again, but have to maintain some kind of civil dialogue to ensure I get my bond back!!

Thanks for reading my angry rant!

Clare

Clare,

We had a similar experience with our previous letting agent. The 'handyman' let himself into my garden to do some work without informing us, we came home to find him doing stuff with the drains and 3 malinois and a labrador going absolutely mental through the window. If we had been much longer I have no doubt they would have smashed a window to get to him. We phoned the agent and made it quite clear that nobody was to enter the house or garden without us being there. I told them it wasn't safe for them and they would get bitten as the dogs are just doing their job and protecting their house.

> but have to maintain some kind of civil dialogue to ensure I get my bond back!!
>

We decided enough was enough after various other 'similar' issues and gave notice. They tried every trick int eh book to not give us the full bond back but not being 'friends' with them is not a reason. We informed them we had spoken to a solicitor (we hadn't-only citizens advice) and funnily enough we had our full bond back within days.

I really think you should be phoning them and making it clear their behaviour is unaceptable.

Oh wow - I would have been furious too!  I don't know whether they were legally allowed to do it or not.  But I would say to them that if they think there is any chance of them doing it again you would like them to sign something which says you won't be held liable if they or a client gets bitten - but that you will hold them liable if your dogs get out.  Obviously you are calling their bluff a bit as you probably can't/shouldn't have them sign such a document - but that might make them think harder & take it more seriously and avoid the problem in future. 

You could also ask that the bond is transferred to an independent company (which I believe it should be now if you rent as the law has changed)

What a bunch of plonkers. I don't know about the legalities but presumably they know you have dogs on the property and should've taken into account the safety of the viewers and escape probabilities.  I would still have a stern word with them and insist they dont enter again unaccompanied.  They couldnt hold your bond back unless there's a valid reason.

We have a sign on the electric front gate (which limits access) saying 'Dogs may be running free', but once when I came home, I let the dogs out only then to see someone supposedly 'inspecting' telegraph poles on our property  and then someone else walked up the drive unknown to me, I'd hopped in the car, reversed and narrowly missed him..

No they're not legally entitled to enter your home without you being there unless you refuse to allow entry and they've given you 24hrs written notice.  They're not even allowed a key so tenants are perfectly entitled to change the locks whilst they live in a property (changing back when they leave or giving the landlord the keys).  The element in the agreement is 'quiet enjoyment' which means the landlord wont harass the tenant.  They should make - and keep - arrangements to visit and for viewing to suit yourselves, they are technically trespassing.

I would be fuming, no way are they allowed to do this. They have to give you 24hrs notice and if its less than that its down to you to agree.
My current place has a gate you go through before getting to the front door, I padlock this shut when i'm out and have put a remote doorbell to it. When the time comes for the agents to show this place if i'm not there then this gate will be locked, there is no way i'll allow anyone going into the house unattended with my dogs there..

Very annoying - but maybe it was just a simple case of people getting their wires crossed. Was the person who made the appointment the same one who did the viewing ?. Perhaps the person on the phone just didn't listen properly and once you'd said that lunchtime was ok she kind of switched off !. Certainly have a word with them and say that in future they must wait until you are home, even put a notice on your door when they are next due and say they must wait until you are home before entering. Hopefully this has been an isolated incident.

Clare, if your contract says "24 hour notice" that's what you can hold them to. Point out that they told you 12.30pm and you were there 20 minutes early as a courtesy. They had no business in the house, and you had already warned them about the dogs. Whether or not they were under pressure from the viewers is immaterial.

You are absolutely right to have a rant. The agents can count themselves very lucky no one was hurt, and given that they have breached the terms of your contract it's clear that they could be the ones sued if anyone was hurt, or your dogs escaped. Perhaps a solicitor's letter might clarify the issue for them.

IDIOTS!!!!

To the OP - PLEASE change the locks - you are legally entitled to.

It will protect your dogs, and your privacy, as well as making very sure nobody can access your home for any other reason while you are out.

I ignored advice to do this when I was having issues with a landlord, and ended up being harassed by them.
They were acting outside the agency's knowledge (agency was useless anyway). Landlord would turn up unannounced and expect to be let in. They also sent round workmen with less than 12 hours notice in some instances. Because they had a key, I felt unable to go away for a few days in case they came in while I was absent, and that later increased to being fearful of going out for more than an hour or two. It is not a nice situation to be in.

> PLEASE change the locks - you are legally entitled to.

My tenancy states that I'm not allowed to change the locks..

The landlord or agents definitely do not have the right to enter your house without your permission, in fact, you don't actually have to give permission for viewings, the only things I beleive that HAS to be allowed at some point during your tenancy is entry for an engineer to do the relevant checks for a gas safety certficate once per year.

BTW, they can't withold your deposit becuase you won't let them in to do viewings. Your deposit should be held in one of the 3 protection schemes (which the LL/agent should have given you written details of), and they can only make deductions for damage that you have made during your stay, not for any personal 'gripe' They can also only make deductions if they have a fully signed check in inventory from the start of the tenancy.

You can change the lock barrels (quite an easy job with a screwdriver), provided you then change them back to the original ones at the end of the tenancy. Regardless of what your tenancy agreement says, it cannot override law or any acts that have been passed. This includes the right to quiet enjoyment of your home during the tenancy period. Besides, if you did change the locks, how would the landlord find out? When they tried to let themselves in at a time that you weren't home? Which they aren't allowed to do anyway.

The Moneysavingexpert website has a great section on house enting, with a lot of knowledgeable people, and there is also a National Landlords Association webiste, I'm not sure if the forum is memebers only, but they may be able to help as well.

It's a subject I've done a lot of digging into over the past year or so as my father has a couple of houses he rents out, so I did all of the background research for him to make sure that he was fully compliant with all of the various acts/laws. It is a bit of a minefield, and there are a lot of agents & landlords out there who either are ignorant of their responsibilities, or just don't care about them :-(

HTH - if anyone wants any more info etc on renting, I'm more thanhappy to help if I can :-)

Claire

It is illegal for the landlord to retain a key to your home without your consent (sheltered housing schemes the landlord often has a key) and you are entitled to change the locks - just keep the old ones and change them back.  The landlord has to give you 'quiet enjoyment' ie not to harass you and not to enter your home.  They have to give you notice and any viewings have to be done to suit you.  You are not allowed not to give them admittance, but you do not have to lose time off work etc, they have to work around you.

I used to do this for work..... both as landlord and as LA responsible for such matters (ie enforcement of private sector - the police don't have the powers in these instances which comes as a shock to them when they say 'we can't take action' and I say, 'no you can't but I can'

Ring the CAB or LA (Tenancy Relations Officer) if you want more clarity on this matter.  I used to have the legal responsibility of TRO duties for a couple of LAs