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Re: Rented property right of access question
[Re: szkom]
#1407941
01/02/2013 15:50
01/02/2013 15:50
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Joined: Dec 2005
Posts: 6,731
Surrey
Emjay
Forum is my life
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Forum is my life
Joined: Dec 2005
Posts: 6,731
Surrey
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The contract won't have given them permission to do this.
It's a trespass and a breach of the contract by the landlord's agent.
What do you want to do? Do you want to stay in the property? Do you want to give them a warning shot so they don't do it again? Do you want to claim some compensation? Do you want to make life difficult for someone else?
Bearing in mind you were prepared for him to enter the property later that day, what is your actual beef? The inconvenience caused to you seems pretty minor. Personally I would be hacked off and would want them (and the landlord) to know this, maybe make it clear that we need to re-agree what they can and can't do, but I would leave it at that.
Does our law condemn a man without first hearing him to find out what he has been doing? (John 7:51)
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Re: Rented property right of access question
[Re: Emjay]
#1407946
01/02/2013 16:07
01/02/2013 16:07
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Joined: Jan 2006
Posts: 5,294
Portsmouth
ali_hire
Forum is my life
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Forum is my life
Joined: Jan 2006
Posts: 5,294
Portsmouth
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The contract won't have given them permission to do this.
It's a trespass and a breach of the contract by the landlord's agent.
What do you want to do? Do you want to stay in the property? Do you want to give them a warning shot so they don't do it again? Do you want to claim some compensation? Do you want to make life difficult for someone else?
Bearing in mind you were prepared for him to enter the property later that day, what is your actual beef? The inconvenience caused to you seems pretty minor. Personally I would be hacked off and would want them (and the landlord) to know this, maybe make it clear that we need to re-agree what they can and can't do, but I would leave it at that. Sound advice as usual. Although it's annoying, trespass is a civil matter so you'd have to prove that you've suffered a loss in order to take any legal action. I'd probably send the agent an email stating that in future you do not want them entering the house if you are not around (note that in emergencies your contract probably allows them to come in without notice). However, if you do do this then make sure you are present at every appointment you make with them in the future. If you make an appointment and then aren't in for it (having previously told them they can't enter without you being there) then they might raise a charge for wasted time.
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Re: Rented property right of access question
[Re: szkom]
#1407953
01/02/2013 16:26
01/02/2013 16:26
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Joined: Dec 2005
Posts: 6,731
Surrey
Emjay
Forum is my life
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Forum is my life
Joined: Dec 2005
Posts: 6,731
Surrey
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NB You don't necessarily have to show a financial loss. You generally do for breach of contract, but not for trespass.
NB there is no financial loss by you finishing early. You would have done that anyway had they done what they were supposed to do and you were not prepared for them to enter without you being there.
It is more a loss of amenity argument - for example that feeling of your home being 'violated'.
Does our law condemn a man without first hearing him to find out what he has been doing? (John 7:51)
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Re: Rented property right of access question
[Re: Emjay]
#1407963
01/02/2013 17:01
01/02/2013 17:01
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Joined: Jan 2006
Posts: 5,294
Portsmouth
ali_hire
Forum is my life
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Forum is my life
Joined: Jan 2006
Posts: 5,294
Portsmouth
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NB You don't necessarily have to show a financial loss. You generally do for breach of contract, but not for trespass. Interesting. I always thought if you were planning to sue for compensation you'd need to show some sort loss as a result of the action. What would the likely outcome of this be? I assume very little.
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Re: Rented property right of access question
[Re: ali_hire]
#1408032
01/02/2013 20:41
01/02/2013 20:41
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Joined: Mar 2006
Posts: 8,852
Cambridge & Cotswolds
MeanRedSpider
Je suis un Coupé
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Je suis un Coupé
Joined: Mar 2006
Posts: 8,852
Cambridge & Cotswolds
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NB You don't necessarily have to show a financial loss. You generally do for breach of contract, but not for trespass. Interesting. I always thought if you were planning to sue for compensation you'd need to show some sort loss as a result of the action. What would the likely outcome of this be? I assume very little. Yes - I'm interested in this - it's tort law so how do you quantify it?
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