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View Full Version : Result of insisting on your right to quiet enjoyment.



eneiand
01-03-2010, 08:19 AM
Hello,

Having received wonderful information from this forum, I thought I would contribute my recent experience with refusing entry to agents and landlords based on my right to quiet enjoyment.

I'm posting this because I couldn't find anyone who described how they got on after insisting on their right to quiet enjoyment. So hopefully my experience will help somebody else out there too.

A couple of weeks ago my landlord threw my wife and me to the sharks (at least that is how it felt) when he gave keys to multiple agents to find a new tenant. For the first week I informed the agents in advance of the time windows in which we would allow viewings. 8 seperate groups came and went. We also had agents call and give notice of viewings, then not show up.

The second week was the week we were leaving, 2 weeks before our lease officially expires. Again I emailed and informed the agents that the only time they could view the place was on Wednesday evening and that we would be gone from first thing on Friday morning so they would have unlimited access from then on.

One agent was fine with this arrangement and remained polite throughout. The other became aggressive. On Monday I receive a voicemail informing me that my terms were unacceptable and they will be getting access. The next morning my wife and I both receive a text message, it reads "the viewings today at 12 are confirmed". I respond informing the person who texted that the only times I am granting access are as I outlined in my email and that they should not turn up or enter the property. I inform them that to do so is harassment and trespassing and will be treated as such. I get no response.

I then call the agent and tell them I would like to make a complaint. I get put through to the person who left the voicemail on my phone. I tell the agent repeatedly about my right to quiet enjoyment etc. The man laughs at me, asks me "why are you repeating yourself?" and "there you go again". He threatens me and says that they have keys, I'm not there 24 hours a day so what am I going to do about it?. He says he is going to check this quiet enjoyment thing and talk to my landlord and "if we can't get in trouble, we are coming in". I tell him to go ahead and check.

I follow up this call with a further email re-stating my position and expressly denying them access except for the allotted times. I get a response telling me that they had taken advice from their legal team, advised my landlord of my actions and I should expect to hear from him.

They never did turn up at 12 that day, or at any other time. Nor did my landlord mention this incident in the 4 times I spoke to him after that. So in summary, they tried to make me feel uncertain about where I stood, implied that they could just turn up and there was nothing I could do about it etc. but in the end they did not follow through because I knew my rights thanks to this forum.

justaboutsane
01-03-2010, 08:53 AM
Glad you stuck to your guns xx

Anewbe4u
01-03-2010, 11:03 AM
Good for you :) People like to threaten in the hope you cave, but sounds like you handled that very very well.

P.Pilcher
01-03-2010, 16:18 PM
Well - another landlord - or more probably agent has learned about L/T law the hard way. Why do these people think thay can write the law themselves and that a working knowledge of the appropriate law is unnecessary?

P.P.

Telometer
01-03-2010, 16:41 PM
Well - another landlord - or more probably agent has learned about L/T law the hard way.

Probably not. More likely they have discovered - for the first time ever - a T who would not roll over.

eneiand
02-03-2010, 10:17 AM
I cant imagine that the agent had never had anyone refer to their right to quiet enjoyment before, and given this particular agency's ruthless reputation I think that they were trying to create some doubt in my mind. They were also trying to use the idea of the landlord (a large, intimidating man) being unhappy to get me to back down.

I have to say it was nerve wracking. People with keys to your house implying that they can just come by whenever they want. We had our camera there at the ready just in case they tried it. I think they bank on it being less uncomfortable for you to just let them in.