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Contractors employed by Letting Agents - terms of AST don't cover them?

Started by S.O.T, January 26, 2016, 03:37:38 PM

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S.O.T

January 26, 2016, 03:37:38 PM
Hi
I'm sorry if this has already been covered and please tell me to look elsewhere if it has but I have a concern. Recently contractors working on the behalf of the lettings agents I rent from i've discovered have let themselves into the property. They didn't have my consent and it was assumed by the person who gave them the keys that they did. I have raised this issue to be told that as it was in relation to a safety inspection their initiative should be praised and anyway they don't have governance over them. Now I'm not an unreasonable person and recognise the need for this inspection but a demand at 8pm the evening before doesn't constitute a reasonable amount of notice - we asked for another date and the contractor never responded.

When I mentioned that I wasn't happy about it and by entering the property it wasn't in line with my right to quiet enjoyment I have had the following clause in the AST emailed to me:
To allow the Landlord, the Agent, any Superior Landlord, his agent, professional advisers, or authorised contractors to enter the Property with or without workmen and with all necessary equipment. Except in an emergency, the Landlord or the Agent will give the Tenant not less than 24 hours written notice.  The Tenant is only required to allow access when:
the Tenant has not complied with a written notice under clause 4.3 of Schedule 1 of this Agreement and the Landlord or the Agent wishes to enter the Property in accordance with that clause;
the Landlord, the Agent, or an appointed contractor seeks to carry out work for which the Landlord is responsible (those responsibilities are set out in Schedule 2 of this Agreement);
a professional adviser has been appointed by or authorised by the Landlord or the Agent to visit or inspect the Property;
the safety check of the gas appliances is due to take place;
the Landlord or the Agent wishes to inspect the Property
to comply with statute and the proper request of any statutory body

I don't believe that their use of this clause is fair - am I right in thinking that? Is this something that means they won't have to seek consent in the future?
I don't believe that the fact they forgot to schedule in the inspection with enough notice can be classed as an emergency? (I've only been there 1 month so it could've been done before I moved in)
I don't believe that basically telling me that they have no control over their contractors lets them off the hook for giving out the keys?

I would like an apology from them and an assurance it won't happen again but I would really appreciate your advice on whether or not I have any hope of that!

I have a list of outstanding repairs and to be honest do feel the need to start taking a stand- it's getting really stressful and this just took it to a whole other level... We need to respect each other and be fair and reasonable - I don't think that's too much to ask.

Sorry for the lengthy post!! Thank you in advance for any help!!

Hippogriff

#1
January 27, 2016, 06:17:28 AM Last Edit: January 27, 2016, 10:48:42 AM by Hippogriff
You could... write to the Agent and expressly forbid them, or any other party, to enter without your permission. If that fails and you want to escalate you could... change the locks. I'd expect to be accused of being obstructive but, yes, it is only right and sensible for access issues to be resolved in a grown-up manner. To me that means the Tenant a) having prior warning of what's intended to happen and b) the Landlord, it whoever, having received an acceptance of that. The potential consequences? A breakdown in relations that is unrecoverable.

As a Landlord I do not enter properties without prior approval... over the years I've had to do it once. A burglar alarm was going off in the early hours and the Tenants weren't there or contactable... I opened the door, put in my code, stopped the alarm, closed the door and left (there was no break-in) after texting them.

S.O.T

#2
January 27, 2016, 08:42:20 AM
Hi - thanks for your reply. When they've given me enough time before i've left work early to accommodate them (even when their contractors haven't turned up) - I'm just annoyed at they're blasé approach to my privacy, defence of the contractor and lack of culpability!
I will write to them today and expressly forbid entry without my written consent and knowledge and actually see if it's possible to have another agent looking after me.
Thanks
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