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!

P_1

Thoie wrote: »

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.

Was just going to suggest that, not as legally grey as changing the locks and enhances the security of the place.

drumswan

oranbhoy67 wrote: »

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.

Did you facilitate this viewing?

oranbhoy67

Yes i gave him permission for a viewing.. i then emailed his company this message but have go no reply so far from them

"Hi further to my phone call yesterday i wish to request that i be notified through email of any further viewings of my flat with at the very least 24 hours notice, if any of your agents tries to enter the flat i live in again without my permission i will withdraw from letting your agents show my flat to clients & i will take legal action, i hope this is now resolved "


I rang the Estate agent regulators to complain about them but they are only open to 1pm so i will have to ring them Monday morning now which i will do , i am not going to let them away with it as they did it to my neighbour last week & were told it wasn't on yet still did it to me this week, so no doubt they'd feel entitled to do it to someone else in the future.

All they have succeeded in doing is making an already stressful time even more stressful , when all it would have took was a phone call, email, or even a text message giving notice.

Again thanks for all the advice & ill certainly be buying a chain for the door!!

SpaceTime

I've had situations like this myself with rental properties and the EA has been very polite and respectful and gave as much notice of viewings as they possibly could. Often we'd hear about them maybe 5 days ahead and they'd always call or email.

I had absolutely no problem whatsoever dealing with that and was even prepared to stick on some brewing coffee to help them out a bit with a nice atmosphere !

It's definitely not 'the norm' in the industry. Most people are quite nice to deal with! Hence, my attitude that I think you should just pull out all the stops and get legal advice.

djimi

You have more patience than I have! If that were me the agent would have been told where to go with his 1pm appointment today. You need to shiw them that you are serious.

oranbhoy67

djimi wrote: »

You have more patience than I have! If that were me the agent would have been told where to go with his 1pm appointment today. You need to shiw them that you are serious.

If you saw me yesterday to him you would have seen how angry i was,

Truth is i want the flat sold ASAP & hopefully to be able to stay on with new owners & i want the arrangements to go as smooth as possible, he is definitely on his last chance with me & if he doesnt know that now then that is his mistake!

drumswan

oranbhoy67 wrote: »

If you saw me yesterday to him you would have seen how angry i was,

Truth is i want the flat sold ASAP & hopefully to be able to stay on with new owners & i want the arrangements to go as smooth as possible, he is definitely on his last chance with me & if he doesnt know that now then that is his mistake!

The guy is obviously not taking you seriously, no wonder when you facilitate a viewing with four hours notice.

Why do you think its in your interest to have the flat sold?

sparksfly

Take yourself and some friends to the EA office with food & drink and have your lunch there a few times. Bring a radio with you as well. Tell them you will stop when they behave themselves.

oranbhoy67

drumswan wrote: »

The guy is obviously not taking you seriously, no wonder when you facilitate a viewing with four hours notice.

Why do you think its in your interest to have the flat sold?

well its gonna be sold one way or another so id rather it just happened so i can know where the future lies and i dont have to deal with this estate agent anymore

Well they replied to my email that there is 2 viewings tomorrow afternoon & one on Monday morning at 10:15


So i replied that tomorrows viewings are fine but Mondays is too early and they wont be coming into my flat on any days until afternoon.


So he will soon see that im not a pushover im sure they know that now.

djimi

Youre being taken for an absolute mug. 2 viewings on a Saturday with less than 24 hours notice? This guy is taking the absolute piss out of you Im afraid.

Thoie

Personally I'd say that I need 2 full business days notice (in case I'm away over the weekend), and viewings may only be between 2pm-6pm (or whatever times suit you). Multiple viewings on the same day should be contiguous to minimise disruption, with no more than 10 minutes between viewings. So a phone call/text on Friday afternoon gets him a viewing on Tuesday afternoon.

Any and every attempt to enter the premises outside the agreed times will be reported to the gardaí, and professional groups.

To help him out a little (if you're a nicer person than I am), you could agree the visiting hours with the neighbours so that he doesn't have to come at 10am for one person, 2pm for you and 6pm for someone else.

the_syco

oranbhoy67 wrote: »

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.

What a low-life. In essence, he promises never to do it again, but he'll do it anyway today at 1pm? He has no respect for you, and is probably laughing at how much of a push-over you are.

Thoie's idea seems to be the best, but I'd be asking the bank if they have someone else who is more respectful.

moc moc a moc

GarIT wrote: »

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

No, 999 is for emergencies. An estate agent entering your flat without permission may be illegal, but it's not an emergency. Calling the local station would be better advice.

oranbhoy67 wrote: »

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

Personally, I wouldn't have bothered with the towel. That might have taken care of the problem there and then...

oranbhoy67

Well just a follow up on this, they have been emailing me in advance telling me when they have viewings planned, today it was arranged between 2-4PM for viewings so i had the flat ready then went down town to spend the afternoon whilst they did their thing.

I then noticed a missed call from 2:30 , the voicemail was telling me the viewings had been "postponed" till 4:30


So i rang them and told them that doesn't suit me.. & their secretary then took a big huff on the phone and said the viewing was always for 4:30 .. but this is a downright lie and i pointed this out, as i have written evidence of the e-mail & also evidence in her voicemail.

So i have now told them i am withdrawing any rights for them to view my flat now whatsoever in the future, I have told the guy from the bank in Dublin and he said he fully understands why & i am now phoning the regulator tomorrow morning to report this company, they still arent notifying my 2 female neighbours of any visits either, i have told them not to stand for it but they are both very timid .

tinkerbell

oranbhoy67 wrote: »

Well just a follow up on this, they have been emailing me in advance telling me when they have viewings planned, today it was arranged between 2-4PM for viewings so i had the flat ready then went down town to spend the afternoon whilst they did their thing.

I then noticed a missed call from 2:30 , the voicemail was telling em the viewings had been "postponed" till 4:30


So i rang them and told them that doesn't suit me.. & their secretary then took a big huff on the phone and said the viewing was always for 4:30 .. but this is a downright lie and i pointed this out, as i have written evidence of the e-mail & also evidence in her voicemail.

So i have now told them i am withdrawing any rights for them to view my flat now whatsoever in the future, I have told the guy from the bank in Dublin and he said he fully understands why & i am now phoning the regulator tomorrow morning to report this company, they still arent notifying my 2 female neighbours of any visits either, i have told them not to stand for it but they are both very timid .

You did the right thing - I dunno how you put up with that crap for so long but at least now you've stood your ground. Encourage your neighbours to do the same as once they've seen you've refused the estate agent access, they might feel comfortable to do the same.

djimi

It took you long enough but you got there in the end!

acehigh76

I would sit on the couch in my boxers eating coco pops with sesame st on the tv. he might not come back too soon

Silverbling

Tell them that they can view from 2-4 on a Tuesday only (or any time or day that suits you)

Arrive back at 4pm with a load of mates and ask the viewers about their financial situation and how much they are prepared to pay, that should get rid of the EA quick enough

Was in a similar situation in my last place. The EA working on behalf of the bank repeatedly let himself into the house when we weren't there and often just turned up and let himself in when we were home. I repeatedly told him that we required notice and that a visit had to be agreed upon with us. He refused to converse with us and acted a dick so we simply changed the locks. I know it's not entirely legal but it was the only thing that allowed us some privacy.

The same guy repeatedly let himself into a neighbours house and on a number of occasions went into one of the bedrooms and woke up the tenant by shaking them. On one occasion he let 4 people in to look at the house while the tenant was asleep in bed.

oranbhoy67

Deleted User wrote: »

Was in a similar situation in my last place. The EA working on behalf of the bank repeatedly let himself into the house when we weren't there and often just turned up and let himself in when we were home. I repeatedly told him that we required notice and that a visit had to be agreed upon with us. He refused to converse with us and acted a dick so we simply changed the locks. I know it's not entirely legal but it was the only thing that allowed us some privacy.

The same guy repeatedly let himself into a neighbours house and on a number of occasions went into one of the bedrooms and woke up the tenant by shaking them. On one occasion he let 4 people in to look at the house while the tenant was asleep in bed.

Jesus and i thought i had it bad!! where do these guys get off?? they need took down a peg or two.. this is peoples homes , we might be renting but we are still trying to live in them!