Estate agent keeps turning up at flat unannounced & letting himself in.

oranbhoy67

Hi there just needing some advice on this issue

My landlord lost all his houses to the bank in Late December , since then i have been paying rent directly to the bank in Dublin..

& a local estate agents have been tasked with selling the house i am living in, (which is 4 self contained flats in one converted house).

My problem is with the local Estate agents, from day 1 they have turned up unannounced and the first day i let them in they started measuring things taking photos of things & didnt give clear instructions on what was going on.

Since then they have repeatedly turned up with their clients on viewings without any warning, they did it last week to my neighbour downstairs i asked before they went into her house did they have her permission & they replied that they did , when she returned from work she was stunned when i told her & was in tears at the thought of strangers in her flat unawares.

So i made it clear that i wanted 24 hours notice for any viewing on my flat, i was rang last Friday by the agents office and was told there was a viewing on Monday which was fine, i waited till they arrived and let them in and made myself sparse until they were finished viewing.

Fast forward today i go for a shower when i hear thumping on my door, i ignored it as i was only starting my shower, then a few more thumps so i turned the shower off, then i heard the key turning in the door so i had to grab a towel and run out & tell the estate agent & group of clients (4 or 5 people) that in no uncertain terms that they were not welcome to try and enter my flat without permission and they were not getting a viewing today.

After i had my shower i went around my neighbours to see if any of them were giving notice of todays visit but 2 weren't in and the other neighbours door was wide open, she is an elderly South African lady and i thought maybe she was asleep so i left but i later met her in town and she was distraught she had left as soon as all the people had turned up at her house unannounced and was wandering the streets in the rain without a jacket whilst the estate agent had been and gone and left her door wide open, i advised her to do the same as i did and complain to both the bank & estate agent.

The bank is very upset at the estate agents practises and assures me they wont be giving him any more business after our houses are sold,c but he also said this last week and that never stopped the estate agent today.


Id just like to know where i stand , if i could i think i would deny the estate agent any viewings now as i am getting really uncomfortable with his apparent disregard for privacy, but at the same time id like the house sold so we can have new landlords and bring this whole saga to an end, id just like to know my rights on the matter.

Mec-a-nic

I'm not an expert, just a past tenant, and here's my opinion on it - you are entitled, by law, to " to quiet and exclusive enjoyment of your home"*. The estate agent (EA) is not the landlord, and has no right to enter your rented property, they are just trying to make as much money with as least effort by selling the property quickly.
The Owner does have a right, but must give notice, so I would say that the Bank should be requesting viewing times from you, to pass onto the EA.
Now, having seen this situation before, the bank evicted all tenants so they could show and sell a vacant-possession property, so I guess the handling of your situation will depend on whether the EA is selling the building as an investment (flats) or as a potential single-dwelling restoration. Either way, they should be working to your schedule, not theirs.

*Reference:- http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html#lca76f

Balmed Out

An estate agent cannot access youre letting without prior approval and more over there is no obligation on you to ever give them such an approval. The landlord (bank) should come to an agreement with you. I would demand a rent reduction for any viewings and I would also insist on being present. Dont let them push you around, what you have described is nothing short of disgraceful and I wouldnt accept it.

spockety

He is trespassing. I would call the gardai.

GarIT

In a situation like that don't be afraid to call 999 that's what it's there for. Change the locks until you are moving out and replace them with the originals then. The estate agent can't come into your house regardless of giving notice. Charge €100 per viewing from now on.

househero

They cant let themselves in to your flat. Tell them to give you 48hrs notice.

YOU CAN GO NUTS EVERY TIME THEY TURN UP.

See if they sell a flat with mental neighbours hahahaha. They will want to sell the unit with 'occupied tenants' to a prospective landlord. Tell them loudly you are not paying your rent this month. They will soon come to respect you and your home.

O and you can also complain about the estate agent by writing to http://www.psr.ie/website/npsra/npsraweb.nsf/page/whatwedo-en

Take pictures of them coming in to your home, they will be fined if found to be breaking the rules and you may be entitled to compensation due to the distress caused.

Gormal

Precisely why I change the locks when I move in, for security reasons. Anyone could have a key. I put the old ones back in when I move out.

oranbhoy67

Thanks everyone for feedback so far, id be worried in changing the locks that this might upset the bank and they would maybe try and force me to go as i like this flat and after a few years of moving around i have settled here now .. i have emailed the guy im dealing with at the bank and informed him i no longer wish to have any viewings of the house IF this behaviour continues & if it happens again then i will ring the gards . again thanks all ! ill keep you updated on how i get on

cerastes

Gormal wrote: »

Precisely why I change the locks when I move in, for security reasons. Anyone could have a key. I put the old ones back in when I move out.

Thats usually contrary to any lease, and not good advice for the OP. I can understand where you are coming from though.
I sympathise with their situation, they need to contact the current landlord, bank? and follow this up.

MouseTail

GarIT wrote: »

In a situation like that don't be afraid to call 999 that's what it's there for.

You seriously think 999 is for situations like this?

tomdempsey200

MouseTail wrote: »

You seriously think 999 is for situations like this?

nein nein nein

househero

oranbhoy67 wrote: »

Thanks everyone for feedback so far, id be worried in changing the locks that this might upset the bank and they would maybe try and force me to go as i like this flat and after a few years of moving around i have settled here now .. i have emailed the guy im dealing with at the bank and informed him i no longer wish to have any viewings of the house IF this behaviour continues & if it happens again then i will ring the gards . again thanks all ! ill keep you updated on how i get on

Your going about this all wrong and setting your self up to be taken for a ride again.

Complain to the estate agents governing body...
Property Services Regulatory Authority
Abbey Buildings
Abbey Road
Navan
Co Meath

Telephone: 046-9033800
Fax: 046-9033888
Lo-Call: 1890-252712
Email: info@psr.ie

Its not a big deal. Write an email, call or post them a letter explaining the EA is not respecting your rights as a tenant. Threatening to ring the guards is retarded. Its like when somebody says..."im going to sue you" hahahaha.

Complain to the regulators and do it now before its too late or it escalates and you get evicted.

Post up what the estate agent is called too. NAME AND SHAME.

GarIT

MouseTail wrote: »

You seriously think 999 is for situations like this?

If someone is entering your house when you didn't give them permission to be there than yes.

oranbhoy67

househero wrote: »

Your going about this all wrong and setting your self up to be taken for a ride again.

Complain to the estate agents governing body...
Property Services Regulatory Authority
Abbey Buildings
Abbey Road
Navan
Co Meath

Telephone: 046-9033800
Fax: 046-9033888
Lo-Call: 1890-252712
Email: info@psr.ie

Its not a big deal. Write an email, call or post them a letter explaining the EA is not respecting your rights as a tenant. Threatening to ring the guards is retarded. Its like when somebody says..."im going to sue you" hahahaha.

Complain to the regulators and do it now before its too late or it escalates and you get evicted.

Post up what the estate agent is called too. NAME AND SHAME.

The Estate Agents are <SNIP>

I will ring these tomorrow thanks

The_Morrigan

househero wrote: »

Your going about this all wrong and setting your self up to be taken for a ride again.

Complain to the estate agents governing body...
Property Services Regulatory Authority
Abbey Buildings
Abbey Road
Navan
Co Meath

Telephone: 046-9033800
Fax: 046-9033888
Lo-Call: 1890-252712
Email: info@psr.ie

Its not a big deal. Write an email, call or post them a letter explaining the EA is not respecting your rights as a tenant. Threatening to ring the guards is retarded. Its like when somebody says..."im going to sue you" hahahaha.

Complain to the regulators and do it now before its too late or it escalates and you get evicted.

Post up what the estate agent is called too. NAME AND SHAME.

MOD NOTE: There will be no naming and shaming on this forum.

djimi

You need to write to the estate agent and inform them that you are putting an unconditional end to the viewings on the property, and any futher attempts to contact you or to bring people into your home will lead to you involving the Gardai (which, in response to the comment above, is a logical step to take when a group of strangers allow themselves access to your home against your will). You have no legal obligation to facilitate these viewings, and in light of the behaviour of the agent, I would suggest that you are well within your rights to deny any further access to the property.

As you have been in contact with the bank, it might be worth making note of all of the indiscretions of the agent and bringing it to their full attention, and inform them that because of these issues you feel that you have no choice but to deny the agent any further access to the property, as you feel they cannot be trusted to act in a professional and respectful manner when dealing with you, and that they have already breached your legal rights on several occasions.

Im not usually one to advocate any potential breaches of the lease or tenancy law, but in this instance I am inclined to agree with those who have said it might be worth changing the locks, as you have proof that there is an individual out there who shows no regard for your privacy, and who has a key to your home.

Santa Cruz

Seriously this is very unprofessional behaviour by the estate agent. The lack of knowledge about the rights of tenants among estate agents and landlords is terrible

ongarboy

Gormal wrote: »

Precisely why I change the locks when I move in, for security reasons. Anyone could have a key. I put the old ones back in when I move out.

What happens if there was an emergency while you were away - taps left on accidentally/leaks/smoke etc and landlord couldnt reach you and needed access?

djimi

ongarboy wrote: »

What happens if there was an emergency while you were away - taps left on accidentally/leaks/smoke etc and landlord couldnt reach you and needed access?

Leave a copy of the key with a neighbour that you trust and instruct them to only give it to you or the landlord.

sillysmiles

oranbhoy67 wrote: »

... but at the same time id like the house sold so we can have new landlords and bring this whole saga to an end, id just like to know my rights on the matter.

What's to say that the houses will be sold to people who want to rent? You may not get to remain there after the sale? Or is there something that allows tenants to remain after the sale?

cerastes

Id be more inclined to set up a security camera pointing at the inside of the front door, to see if anyone is coming or going, who they are and as proof, and still not be breaking the lease.
Id at least do that before changing the locks as it supports changing locks to anyone you might need to explain this to, if the EA or bank later says its breaking the lease, regardless of what they may have old you in person/over the phone.

Muff Richardson

just a thought on a quick fix solution which doenst involve changing locks, can you leave the key in the lock from the inside? usually means it cant be opened from the outside

Muff Richardson

J1 story...we got eviction notice for noise etc, nothing serious in terms of damage but enough to get our marching orders with a months notice, anyway not a lot of time for "we know our tenancy rights" stuff for a bunch of irish students and we were getting one or two unannounced visits a day for about a week...2 headbangers that I lived with decided to take matters into their own hands for the next visit, one sat on the jacks with the door open and the other took a more brazen approach and sprawled himself out on the bed with a copy of some porn mag and began the act of, lets just say 'self-gratification'...didnt get anymore visits for the rest of the period...

not sure you want to go down this route, but theres always more inventive options.

oranbhoy67

Well i had the estate agent ring me today apologising , but also saying it couldn't be helped.

to which i replied it very much could've been helped by a simple phone call or even text .

He then again apologised over and over & has promised to contact me for any more viewings,- including one today now at 1pm..i will go to my neighbours now to make sure that they have the same arrangement with him organised.

To answer the earlier post, i have no idea if any new landlord will keep us on, i would just assume that with 4 tenants in one converted house who all pay their rent on time and have never been any trouble that they would keep us on instead of getting rid off us but of course that would be up to any future landlords - i just hope he/she wasn't in the group of clients yesterday when i came to the door ringing wet in only a towel and not very happy, - that wouldn't give a great first impression!
.. either way id still like to know and have the house sold, instead of having folk traipsing through my house every day, though at least now i will have notice hopefully of when they are arriving.

SpaceTime

I think you should call your solicitors.
The EA seem to be ignoring the terms of your tenancy agreement and they are causing you serious distress.

It might be time to consider your legal options.

djimi

Tbh, apologizing profusely and then trying to organize a viewing with 4 hours notice does not sound very sincere on his part. You need to make it clear to him that this sort of thing is not acceptable, and that you are not going to be facilitating impromptu viewings (even where 24/48 hours notice is given) going forward.

If you want to facilitate viewings then arrange a day and time slot during which you are prepared to make the property available (ie every second Saturday between 11 and 1 or something like that). If they dont want to agree to that then tell them that this is your final and only offer, and that outside of these hours you will not be entertaining any disruptions.

Aint Eazy Being Cheezy

Apologising profusely, then mentioning another viewing in the same conversation?!?

This guy sounds like a chancer.

Gormal

cerastes wrote: »

Thats usually contrary to any lease, and not good advice for the OP. I can understand where you are coming from though.
I sympathise with their situation, they need to contact the current landlord, bank? and follow this up.

I wasn't advising the op to do this. Merely stating a fact. Anyway if you have a good landlord they won't know. If you have a not so good one, well I'd like to know what they were doing trying to gain access without consent and me being present?
The bank has also taken over my rental, and in the process of moving. Obviously the Op should complain to the bank and lodge a complaint to the regulatory body mentioned about the EA, in writing, the leasing terms still have to be adhered to.
However it is likely the bank will sell the flats off and the OP will likely have to relocate, sorry OP in the same boat as you without the hassle, very stressful situ, wish you good luck and hope it all turns out well for you in the end.

oranbhoy67

Gormal wrote: »

I wasn't advising the op to do this. Merely stating a fact. Anyway if you have a good landlord they won't know. If you have a not so good one, well I'd like to know what they were doing trying to gain access without consent and me being present?
The bank has also taken over my rental, and in the process of moving. Obviously the Op should complain to the bank and lodge a complaint to the regulatory body mentioned about the EA, in writing, the leasing terms still have to be adhered to.
However it is likely the bank will sell the flats off and the OP will likely have to relocate, sorry OP in the same boat as you without the hassle, very stressful situ, wish you good luck and hope it all turns out well for you in the end.

thanks for the advice and well wishes and same to you!.. but why do you think id likely have to relocate?

Surely anyone buying the house would want to keep any tenants on? its 4 flats contained in one building, if it was one house id understand someone buying it for themselves but im hoping that anyone buying 4 flats as one isnt buying it for themselves?

fingers crossed anyway!

Thoie

Can you fit a chain to the inside of your door? At least that would stop them walking in unannounced when you're at home.

SpaceTime

Honestly, I would definitely go legal on this.
They're clearly causing you a LOT of psychological distress and disruption to your life.

A solicitor will cost you a few quid (ask them for fee breakdown before you start).

But, it might be the only way to deal with this if you are intending to stay there.

I would also make an official complaint to the PRTB immediately.
Make a diary of everything that is happening and keep records of all communications with the EA.

You're paying for the rights to be the resident there. You're not renting a room off someone and you have a lot of statutory rights and also contractual rights outlined in your lease agreement.

I wouldn't bother getting into arguments with the estate agent. I would simply take it legal.

Also, I think given how unbelievably inconsiderate they've been, I wouldn't bother cooperating with any further viewings. Certainly, not until the situation has been resolved.

I would also point out to the EA, that if they enter the house without permission that you will hold them PERSONALLY liable for any broken, damaged or missing property!