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Did the estate agent enter without permission?

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  • 23-06-2020 1:57pm
    #1
    Macytoby
    Banned (with Prison Access) Posts: 98 ✭✭


    I moved to a new apartment recently and my lease on the old one isn’t up for another week.

    Last week the estate agent had informed that they had organised viewings for Thursday after 5pm and I had given them permission to have them on that date. Since I don’t live there, I told them that they could let themselves in in order to show the apartment. They didn’t have a set of keys so I helped them out by posting a set to them.

    I received an email today outlining that they had carried out an inspection yesterday. I’ve pulled them up on it this afternoon and they argue that since I wasn’t living there, they didn’t need permission. Is this the case?


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    #2
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    What’s your issue here?


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    #3
    Xterminator
    Registered Users Posts: 4,738 ✭✭✭Xterminator


    you gave them keys and permission to enter. not sure what your point is? Do you dispute the inspection findings?


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    #4
    Macytoby
    Banned (with Prison Access) Posts: 98 ✭✭Macytoby


    Xterminator wrote: »
    you gave them keys and permission to enter. not sure what your point is? Do you dispute the inspection findings?

    I gave them permission to enter on Thursday, not yesterday. Permission surely isn’t on a ticketed basis? By that logic, they could land at anytime once you’ve given them permission at some point.


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    #5
    Macytoby
    Banned (with Prison Access) Posts: 98 ✭✭Macytoby


    Dav010 wrote: »
    What’s your issue here?

    The issue is I have them permission to enter the premises on Thursday. They then proceeded to enter it on Monday without first clearing it with me.


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    #6
    awec
    Administrators Posts: 53,800 Admin ✭✭✭✭✭awec


    What are you looking out of this OP?

    You've already moved out and you hand the keys back in a week, presumably looking your deposit back, so unless there was something really egregious like photos of yourself naked strewn across the kitchen table I'd just forget about it and move on. No point causing a fuss at this stage over nothing.


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    #7
    Redtapedyeti
    Banned (with Prison Access) Posts: 5 ✭Redtapedyeti


    I gotta disagree with everybody. Regardless if OP has an issue or not, the law was clearly broken here. The same rules apply until the end of your tenancy, regardless if you live there or not. Unless you explicitly stated that an inspection could be carried out on a specific day, an estate agent or landlord entering the property is illegal.


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    #8
    Macytoby
    Banned (with Prison Access) Posts: 98 ✭✭Macytoby


    awec wrote: »
    What are you looking out of this OP?

    You've already moved out and you hand the keys back in a week, presumably looking your deposit back, so unless there was something really egregious like photos of yourself naked strewn across the kitchen table I'd just forget about it and move on. No point causing a fuss at this stage over nothing.

    Who said I was looking for anything? I just asked a simple question, was it allowed or not.


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    #9
    Truckermal
    Registered Users Posts: 6,047 ✭✭✭Truckermal


    Get over it!!! If it bothers you that much why did you give them the keys?


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    #10
    awec
    Administrators Posts: 53,800 Admin ✭✭✭✭✭awec


    Macytoby wrote: »
    Who said I was looking for anything? I just asked a simple question, was it allowed or not.

    Probably not by the letter of the law.


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    #11
    Macytoby
    Banned (with Prison Access) Posts: 98 ✭✭Macytoby


    Truckermal wrote: »
    Get over it!!! If it bothers you that much why did you give them the keys?

    Because they didn’t have a set of keys to show the apartment.


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    #12
    Redtapedyeti
    Banned (with Prison Access) Posts: 5 ✭Redtapedyeti


    Macytoby wrote: »
    Because they didn’t have a set of keys to show the apartment.

    What sort of estate agent doesn’t have a set of keys?


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    #13
    MacDanger
    Registered Users Posts: 2,600 ✭✭✭MacDanger


    Macytoby wrote: »
    Who said I was looking for anything? I just asked a simple question, was it allowed or not.

    I'd say not. They need permission to enter and they didn't request it for that day


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    #14
    Allinall
    Registered Users Posts: 6,694 ✭✭✭Allinall


    Redtapedyeti wrote: »
    What sort of estate agent doesn’t have a set of keys?

    All of them, until they're given a set.

    OP. No, they weren't allowed enter on the second occasion without your say so.


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    #15
    SouthWesterly
    Registered Users Posts: 6,768 ✭✭✭SouthWesterly


    So, op. What are you going to do about there unlawful entry or is it just a case of venting?


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    #16
    Macytoby
    Banned (with Prison Access) Posts: 98 ✭✭Macytoby


    SouthWesterly wrote: »
    So, op. What are you going to do about there unlawful entry or is it just a case of venting?

    Not even venting, I just wanted to know the legality of it.


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    #17
    StackSteevens
    Closed Accounts Posts: 873 ✭✭✭StackSteevens


    Do you want your deposit back?


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    #18
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    Macytoby wrote: »
    Not even venting, I just wanted to know the legality of it.

    By doing the inspection a week before lease ends, you should get your deposit back more quickly, or, have the opportunity to rectify anything they found wrong during the inspection before the lease ends. You have moved out, gave them your keys, what is your gripe here?


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    #19
    Macytoby
    Banned (with Prison Access) Posts: 98 ✭✭Macytoby


    Dav010 wrote: »
    By doing the inspection a week before lease ends, you should get your deposit back more quickly, or, have the opportunity to rectify anything they found wrong during the inspection before the lease ends. You have moved out, gave them your keys, what is your gripe here?

    Jesus Christ, how many times do I have to say it, I don’t have a ****ing gripe. It was a simple question with a binary answer: yes or no


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    #20
    Deebles McBeebles
    Registered Users Posts: 5,790 ✭✭✭Deebles McBeebles


    Macytoby wrote: »
    Jesus Christ, how many times do I have to say it, I don’t have a ****ing gripe. It was a simple question with a binary answer: yes or no

    Welcome to the accommodation forum. Some can't answer a simple question without betraying what side of the landlord/tenant divide they reside in.

    Its definitely not ok but what you can realistically do about it I don't know. Get your deposit and try use another estate agent in future.


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    #21
    TheBoyConor
    Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    What is the point of calling them up on it?

    Even if it is illegal, you were not living there, and as such you did not suffer any sort of loss by them entering without your explicit permission for that day.

    Judge would throw that right out. if you are suing, then you need to prove that you suffered some sort of loss. You did not. End of.

    Move on with your life.


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    #22
    Allinall
    Registered Users Posts: 6,694 ✭✭✭Allinall


    TheBoyConor wrote: »
    What is the point of calling them up on it?

    Even if it is illegal, you were not living there, and as such you did not suffer any sort of loss by them entering without your explicit permission for that day.

    Judge would throw that right out. if you are suing, then you need to prove that you suffered some sort of loss. You did not. End of.

    Move on with your life.

    Bloody hell!

    You are the only one in the thread that has mentioned judges, court, loss.

    Talk about answering a question that was never asked.


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    #23
    Macytoby
    Banned (with Prison Access) Posts: 98 ✭✭Macytoby


    Allinall wrote: »
    Bloody hell!

    You are the only one in the thread that has mentioned judges, court, loss.

    Talk about answering a question that was never asked.

    I get the feeling most people aren’t reading what I actually asked...


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    #24
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    You indicated that you have vacated and no longer live there so they are entitled to do as they please.

    If they had their own keys they would not even be contacting you and could even have someone else moved in if they wished as you by your own admission no longer live there.


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    #25
    Redtapedyeti
    Banned (with Prison Access) Posts: 5 ✭Redtapedyeti


    Zainab Purring Wheat wrote: »
    You indicated that you have vacated and no longer live there so they are entitled to do as they please.

    Completely wrong. OP still has a lease, therefore the same laws apply.


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    #26
    touts
    Registered Users Posts: 6,495 ✭✭✭touts


    I'm really at a loss here. What's your objective in this complaint? I can only see two possible objectives:

    - Get compo for a potentially illegal entry so you can have a proper housewarming for the new gaff?
    - Get some junior staff member of the Estate agent fired so you can feel powerful on an otherwise quite Tuesday afternoon?

    Just get over yourself and let it go.


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    #27
    Redtapedyeti
    Banned (with Prison Access) Posts: 5 ✭Redtapedyeti


    Zainab Purring Wheat wrote: »

    If they had their own keys they would not even be contacting you and could even have someone else moved in if they wished as you by your own admission no longer live there.

    Again, this is completely illegal.


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    #28
    Uncle Pierre
    Registered Users Posts: 1,486 ✭✭✭Uncle Pierre


    I understand that OP just asked a simple yes/no question, but I don't understand the reason for already "pulling them up on it", or for asking the question here to check the validity of the response received when pulling them up on it.

    Think others don't understand either, and it seems fair enough to ask...


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    #29
    Allinall
    Registered Users Posts: 6,694 ✭✭✭Allinall


    touts wrote: »
    I'm really at a loss here. What's your objective in this complaint? I can only see two possible objectives:

    - Get compo for a potentially illegal entry so you can have a proper housewarming for the new gaff?
    - Get some junior staff member of the Estate agent fired so you can feel powerful on an otherwise quite Tuesday afternoon?

    Just get over yourself and let it go.

    Another that cannot read the OP.

    Where did the OP mention a complaint?


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    #30
    StackSteevens
    Closed Accounts Posts: 873 ✭✭✭StackSteevens


    Macytoby wrote: »
    I get the feeling most people aren’t reading what I actually asked...

    Be honest - you knew what the answer was before you ever asked the question!

    You just wanted to be reassured before you gave the EA a good b0llocking, which is fair enough!

    Nonetheless, unless you've a massive gripe with the LL and/or EA why not just let it go?


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    #31
    Bubbaclaus
    Registered Users Posts: 4,461 ✭✭✭Bubbaclaus


    Zainab Purring Wheat wrote: »
    You indicated that you have vacated and no longer live there so they are entitled to do as they please.

    If they had their own keys they would not even be contacting you and could even have someone else moved in if they wished as you by your own admission no longer live there.

    I'm beginning to think you deliberately just make things up on here, since I have never seen you saying something that was correct.


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