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Letting Agent entered my property without consent

[Deleted User]

Hi there,

I was in the process of leaving my apartment. I was in the middle of cleaning the apartment when I heard some knocks on the door. I wasn't expecting anyone so I simply ignored it and continued preparing the apartment. Then, I heard someone entering so I quickly went to the door and I asked, "who the hell are you?". She named herself as one of the letting agents behind my tenancy. She then proceeded to question me about why I didn't answer her call that morning. I was aghast that she even entered, never mind having the temerity to cross-examine me at the same time. I then told her it was inappropriate to break-in to the property like this, and without an apology, she just said nothing and closed the door behind her.

Does this constitute trespass? Whilst I don't have video footage of her entering, there are other forms of evidence to back up my claim (such as text messages I sent my other half discussing what had just happened; her unwillingness to even deny it when I emailed her that day about it).

Also, this is the same letting agents who:

increased my rent twice against the rules (i.e. gave me 2-weeks notice in 1 case).
they refused to deal with me regarding the rent credit, instead issuing a subtle threat that the "property had suddenly been sold" and I should seek alternative accommodation. I ignored this, believing it to be a lie - which turned out to be the case.
in the contract, they asked for 350 euros to be paid at the end of the tenancy for "bin fees". Is this even valid?

Ultimately they will want to play fast and loose with my deposit.

But what can be done about letting agents who enter the property without your consent?

I expect them to be 100% dodgy with my deposit so I need to know my rights and how I can defend myself against their conduct.

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SharkMX

OP. You are a nightmare in this thread. I cant imagine having you as a tenant, housemate or anything like that would be easy at all.

Your life would be far easier if you just got on with it.

irelandrover

https://www.boards.ie/discussion/comment/121881992#Comment_121881992

Yeah OP, when people just let themselves into your house without your permission you should just accept it with no complaints. The polite thing to do would be to offer them a cup of tea. You probably should have tipped along with your on time rent every month as well.

SharkMX

https://www.boards.ie/discussion/comment/121881995#Comment_121881995

People making a mountain of a molehill here. The OP was moving out. They didnt answer the phone or the door. Agent went either to check were they ok or had they wrecked the place or to see what would need to be done with the place. OP is clearly a PITH, so its not a stretch to assume that the EA was concerned what they place would be like.

mykrodot

https://www.boards.ie/discussion/comment/121873784#Comment_121873784

you still need to pay your bin charges! Everyone does. Nobody gets away with free bins these days so please stop saying they will reduce the amount of deposit you get back, yes they will. It was 3 YEARS of YOUR rubbish. Its called paying your way in life. It seems to me from your first post that you were going in all guns blazing, you sound extremely angry , and from the off mentioned that bin deductions would lessen your deposit back. I think this post is all about not paying your bin charges.

p.s. I'm not sure what age you are but calling the letting agents "sick and nasty" is hardly acting in a professional way with a business matter. Its not about getting "17 likes" to your post.

It sounds like you are taking all of this very personally which is a mistake. It is a business matter to them and it should be to you. Name calling will lessen your case and your cause.

mykrodot

p.s. having read OP's post back again all I can say is that the very first reactions this poster had were completely over the top. I actually thought the entire post was a wind up.

Their very first words to the letting agent were "who the hell are you"? Unless it was a burglar in the middle of the night I wouldn't ask someone this way who they are. I'd say "oh Hi, who are you, were you ringing the bell, I didn't hear you?" Its antagonistic and rude at the very least.

Saying that the agent had the "temerity to cross examine" me! Talk about being on a high horse! Its called asking a question, its not cross examination, its not having temerity (especially when OP hadn't answered previous texts or phone calls).

If the OP thinks its "not valid" to ask for bin charges at the end of the lease then why did he/she not bring this up 3 YEARS AGO when signing the lease?? It must be great to get 3 years of free bins when everyone else around was paying theirs? You are meant to read contracts before you sign them, if you don't that's on you.

irelandrover

https://www.boards.ie/discussion/comment/121882347#Comment_121882347

I suppose people are different. "Who the hell are you?" seems a perfectly acceptable way to address a stranger I find in my living room.

[Deleted User]

https://www.boards.ie/discussion/comment/121881543#Comment_121881543

Is there any possible way to identify the landlord of an apartment, or must it always go through the letting agent?

I want to retrospectively receive the rent credit so I'm actually very unsure what the process is here. The letting agent refused to give me any details that my accountant asked for (it's how I found out about it), ignored my first email, then when I followed up a week later, they said they would give me the requested details in lieu of me leaving the apartment (as the property had "suddenly" been sold).

Here is how they framed it:

I ignored the above, and ignored pursuing the rent credit details any further given this latent threat of termination. Of course, they must have known I would ignore.

It turns out the termination notice was never delivered to me anyway.

I suspect the property is not registered with the RTB and this was their way out of it.

[Deleted User]

https://www.boards.ie/discussion/comment/121882215#Comment_121882215

I have no issue paying my way, if that's what's required. I was merely asking about whether it is considered valid in a tenancy contract i.e. not everything included in a contract is legally valid even if it's present in a contract.

Most of the clauses in their contract to me are unlawful; they cannot be enforced by the law.

Have you anything to say about their unlawful clauses, their unlawful increase in the rent twice; their unlawful demand I pay for all essential maintenance and fridges / washing machine replacement etc.; their refusal to engage with the rent credit; their unlawful entry into my apartment?

Or is it all going to be about trashing the tenant?

If she were to enter on the back of no history, it may be a different story.

But there is a long history of inappropriate and unlawful conduct against me over many years -- which often cost me great personal expense. The unlawful entry was the very last in a very long line of actions against my tenancy.

Escapees

I'm not going to get dragged into several arguments regarding your last response to me, as you appear to have a very blinkered perspective on things. However, I think it is worth putting you straight on a particular point that you've mentioned more than once now.

In particular, you have said that:

- "she gave me a positive reference, so I was never a problem tenant"

- "The agent in question several weeks ago gave me a glowing reference"

To cut to the chase, a letting agent will understandably give a positive or glowing reference even for the worst of tenants if it helps get rid of them and pass the problem on to someone else! That's very common in fact.

And even if this was not the case with you and you genuinely appeared to the agent to be a good tenant, you certainly seem to have deliberately held off raising your grievances regarding rent increases and bin charges with them till after they provided the reference.

[Deleted User]

https://www.boards.ie/discussion/comment/121882766#Comment_121882766

I felt I had no choice but to stay silent.

It was only from this time last year, once their conduct over the rent credit emerged, that I realised it was best to stay shut in case they try the termination notice stuff all over again. I take your point on the reference, but it wasn't a risk I was prepared to take.

So when they unlawfully increased my rent last November, giving me 2-weeks notice to adjust my bank standing order, I discovered that it was wrong but that I should stay silent. It was very hard for me to swallow that pill, as I felt it a total affront to me. So I said I would stay quiet and that any wrongs would be righted at the end of my tenancy, as I knew by then I was definitely going to move out this month.

meijin

https://www.boards.ie/discussion/comment/121882661#Comment_121882661

that's another problem... the landlord should have been identified on the lease

for some properties, you can get details of the owner from the Land Registry - https://www.landdirect.ie/

is the property listed on https://www.rtb.ie/check/index.html (it's not always accurate though)

mykrodot

https://www.boards.ie/discussion/comment/121882710#Comment_121882710

you should have asked those questions 3 years ago about validity of what is included in the lease............namely the bin charges. You need to pay those!

I'm not getting into "unlawful clauses, rent increases, maintenance " that's between you and the agent, there are 2 sides to every story and lots of details in cases like this. Its a pointless exercise doing this here on Boards. Go to the RTB, that's what its for.

[Deleted User]

https://www.boards.ie/discussion/comment/121882967#Comment_121882967

Ah, I didn't realise the landlord had to be identified on the lease.

I tried to use the land registry just now, but nothing comes up except for the address.

When I used the RTB search, nothing comes up for the property either.

CoffeeImpala

https://www.boards.ie/discussion/comment/121882661#Comment_121882661

https://www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/rent-credit/how-to-claim.aspx

Reading the Revenue help page it seems like you should be able to claim the rent credit without knowing the landlords details. The language used around any clawback is conditional.

It would certainly be in Revenue's interest to build a database of properties that don't appear on the RTB website.

[Deleted User]

https://www.boards.ie/discussion/comment/121883091#Comment_121883091

I'm going to contact RTB and ask them for the RTB number.

AndyBoBandy

https://www.boards.ie/discussion/2058339800/letting-agent-entered-my-property-without-consent

there are other forms of evidence to back up my claim (such as text messages I sent my other half discussing what had just happened; her unwillingness to even deny it when I emailed her that day about it)

Sorry, but you having a text conversation with a 3rd party, and you sending the letting agent an email (of which no reply with admission of unlawful entry was received) are not evidence. Not in the slightest.

[Deleted User]

https://www.boards.ie/discussion/comment/121883168#Comment_121883168

It's circumstantial evidence.

I have evidence of 2 missed calls; I have evidence of my arrival at the property (due to a Bolt arriving there); I have evidence I was cleaning up at the time; I have evidence that minutes before she entered, there was a missed call; there is evidence she entered the property block (due to CCTV); there is evidence on my phone that I contacted my other half to say just what happened; I have evidence I contacted her later that day, with no denial (and no denial from a second email days later). I have evidence of their long-standing commitment towards lying and acting counter toward the law, whereas I have always behaved upstanding and in accordance with law.

It is beyond reasonable doubt that she entered, even if there is no video footage.

Escapees

https://www.boards.ie/discussion/comment/121882801#Comment_121882801

I'm starting to feel some sympathy for you now, must be getting soft!

Personally, I'd recommend pursuing only the rent relief matter as that's potentially 1-2k worth of a tax refund that you (and perhaps a partner) might be entitled to. But more importantly, there's no excuse for landlords not to register their properties these days or for letting agents not to prompt them to do so.

I'd let go chasing any of the other stuff though.

Padre_Pio

https://www.boards.ie/discussion/comment/121882022#Comment_121882022

The agent had no right to be in the house.

Zero.

There's no excuse "agent went to check they were ok" Don't make me laugh. If you called to your friend's house unannounced and they didn't answer, would you break in to check they were ok?

And if some stranger appeared in the hallway "who the hell are you?!" would be the most civil thing I would have said.

Escapees

https://www.boards.ie/discussion/comment/121884451#Comment_121884451

I think the agent didn't 'break in' but rather just used a key they legally were in possession of. Should they have entered? Probably not, but I'd imagine it was a simple misunderstanding or miscommunication on their side.

A key point here is that this appears to have been the first and ONLY time that the agent ever entered the tenant's property over a rental period of approx 3 years I think. And this incident was in the final days of the tenancy when the current tenant was moving on and the agent presumably had to make arrangements to advertise the property and find new tenants as soon as possible.

spaceHopper

So the agent was concerned and called you after getting no answer or call back they went out to the apartment to see if you were there and talk to you, you didn't answer the door but they could hear movement inside ( could be a break in) so they went in. Instead of listening to them you give out. Did you ever find out what they wanted. You missed an opportunity to let them check over the place and approve returning your deposit agree the meter readings..... If you weren't ready, the polite thing to do would be answer the door and talk to them, asking them to come back tomorrow.... but you instead went off on them.

You've now burned any good will.

Here's how it will play out. They'll get a cleaner to come in and reclean the apartment after finding something you missed, they'll paint something else blaming you for excessive wear. All documented and after the bills are settled including meter reading they'll refund whatever is left of your deposit. Full days cleaning, 500, painter 500, materials 200... .you'll see maybe half of your deposit. They'll take their time too and blame it on electric Ireland, if you open a case with the RTB they'll delay refunding your deposit until after the case. Given you've told them not to contact you they'll respect that and you'll have to wait and see what happens.

Brilliant well done, you have the moral high ground, they have your money.

mykrodot

https://www.boards.ie/discussion/comment/121884719#Comment_121884719

Exactly! There is way to deal with matters like this, its business, it professional..... and it's called communication! Why is the first port of call anger and name calling? How professional is it calling the agents "sick and nasty"! Surely all along communication was the answer, not silence, not sucking it up, not happily signing leases where the OP was unsure of the validity of things.................we are talking 3 years here!

The ball is in the agent's court now as OP has told them there will be no more contact. This could drag on and on and on.

Padre_Pio

https://www.boards.ie/discussion/comment/121884610#Comment_121884610

They trespassed on the property.

They had no right to enter, and they used a key they had no right to use and entered the property without the permission of the tenant.

Where's the miscommunication? There was no communication. Just a few missed calls.

There's no other way to spin this.

bog master

https://www.boards.ie/discussion/comment/121885149#Comment_121885149

It is illegal entry. End of story.

[Deleted User]

It seems the letting agents have already prepared their defense, so to speak.

Here is what they sent me:

On the first condition, they refer to bin charges.

On the second condition, they have "taken photos of all areas", without stating any specific issues -- yet.

Third, they say the "washer / drier" was not on the premises and was disposed of. The washing machine broke and I replaced it, yes -- now they are saying they are removing the perfectly new washing machine (and new fridge) I bought to replace the broken ones (at my own expense).

Yes, I told them I would not agree to their final inspection due to how they conducted themselves in the past.

In other words, they are preparing to scam me for even more money, knowing full well I plan to escalate to the RTB.

These people are shameless, immoral scammers. How they live with their conscience is beyond me.

Note also how they don't even acknowledge any scam against me, or their inappropriate conduct against me, over the course of the tenancy. It's funny how they only seem interested in law and conduct when it matters, to them and their interests only. How convenient.

herbalplants

Yup agent shouldn't have entered the property without consent.

meijin

https://www.boards.ie/discussion/comment/121885872#Comment_121885872

well, their "lease" says that you should replace broken equipment on your own, so you just followed their guidelines

but, I hope you have receipts! make sure to request a refund, as it's LL's responsibility to fix/replace broken equipment like that

PS in general... you're telling them too much, and too soon, no point arguing, you just need to prepare the case for RTB.

[Deleted User]

https://www.boards.ie/discussion/comment/121885904#Comment_121885904

I have receipts, yes.

I find it utterly bizarre, as you have stated, that the contract says I should replace all equipment at my own expense but when I do, they find issue with it.

meijin

https://www.boards.ie/discussion/comment/121885911#Comment_121885911

you've revealed your plan to the agent too soon...

make sure to prepare all receipts, and request a refund through RTB

[Deleted User]

https://www.boards.ie/discussion/comment/121885931#Comment_121885931

I agree, my fault.

I'll play it safe in the meantime. I just despise being scammed and have found it hard to contain my emotions on this issue, as it has been going on for years and I have had to keep a lid on said emotions for that period. It's been incredibly stressful.