Looking for views on issues relating to Letting Agent ("caretaker has keys" etc)

F

focusfanatic

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Looking for any ones opinions on how I handled this and generally what can I do if it happens again and also the path that ye would have taken as this is my first time encountering anything like this. I also want to know what kind of basic laws etc had been broken in the course of these events. Also would you think I would be within my rights to just leave and find a new place even though I have a 12 month lease agreement?

Please note: Im not using this as legal advice, its just that I feel I should have been more angry about the whole thing and maybe kicked up more of a fuss that would have prevented it getting this far in the first place.

The Story ( I have changed the names etc in this so nobody gets in trouble)

A week after I moved into the apartment with my partner. Two delivery men delivered a table and chairs for the balcony (the landlord asked them before we moved in to do this), but they entered the apartment without so much as a knock on the door or a ring of the bell. They entered on their own without any supervision and my partner was in her nightwear as she was just getting up. We rang “Letting Agent X” to ask them to explain this and they had no answer to this and to get the keys and keep them in their office so none has access to them. The Letting Agent agreed that they would and that none but the landlord, them and us would have the keys. It turns out our apartment block has a “Caretaker” who has a set of keys to the apartment for absolutely no reason and he gave the keys to the delivery men without supervising them coming into the apartment. We got no warning they were coming or indeed entering the apartment

The second instance occurred the end of august when my partner was returning home, she arrived up the stairs to a man with the key in the door opening it. We did not receive any notification of why this individual had the keys (after the Letting Agent had previously agreed to remove the keys as per above) to the apartment nor why he was entering.

My Partner and I contacted the relevant person within “Letting Agent” and we were told we would get a phone call back about how this is being resolved. (As I was away that weekend she was on her own and was frightened that anyone of these men could return and walk straight in as before.) We received no call back about this whole incident and I wrote a letter to the Landlord bypassing the Letting Agentdetailing out gripes. The land lord upon receiving this letter then rang me and told me she was not aware of what was going on and was disgusted that this was occurring. She rang the Letting Agent to complain.

Also at this point I have to point out there was a problem with the apartment finishes well call that “Problem A” which I detailed to the landlord on the phone as well as the people entering my home issue

As I was in a meeting I missed a call from the Letting Agent and my partner took a call from them. The person from the Letting Agent was very rude to my partner on the phone. Talking over her at every opportunity etc. (the reason for this I can only assume is that she was caught out and was mad we got the landlords details and went above her head).

The person from the Letting Agent then asked could she come up and see what kind of damage was cause with “Problem A”. My partner was at home but had to go to the doctor so she said she wasn’t around till 5PM that evening. (My partner made it sound like she was at work as she didn’t want to explain). Shortly after the phone call ended a Man let himself into the apartment. It turned out he was working for the “Caretakers office.” He told my partner he was just coming up to check the “Problem A”. (Surely he had no right to and how had he the keys when they were supposed to be in the possession of the Letting Agent as was detailed above.)
(My feeling on this is that he thought my partner was at work and no one would notice)

Then to rub salt in the wounds the person from “Letting Agent X” rang at half four to cancel the appointment to view “Problem A”. (Surely this cant be right?)

She then said she would come along tomorrow to view the “Problem A”. Tomorrow arrives and at 6Pm that evening she rang to say she wouldn’t be coming. (How is this a professional attitude?)
 
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Re: Looking for views on Management Company issues

Can you clarify your use of the term 'Management Company'?
 
Re: Looking for views on Management Company issues

Can you clarify your use of the term 'Management Company'?

Sure:

Basically this well known letting agent "Management Company X" have been hired by the landlord to deal with issues that the landlord would normally have to deal with as the landlord is often out of the country.
 
Re: Looking for views on Management Company issues

A letting agent and management company are two totally different things. Can I suggest you edit your post to say letting agent so that it makes sense.

While many letting agencies offer property management services, a management company in terms of apartments is a legal entity comprising all owners.
 
Re: Looking for views on Management Company issues

A letting agent and management company are two totally different things. Can I suggest you edit your post to say letting agent so that it makes sense.

will do

Edit: Done

sorry, i hope this helps make it easier to understand
 
Re: Looking for views on Management Company issues

Check your lease. There is usually a clause about 24 hours notice being given in the event of needing to enter a property for whatever reason.
How about asking your landlord if the locks can be changed immediately? If not, then let the landlord know that you do not feel secure in your own home and that as a result will be seeking to terminate the lease with one months notice.
 
Re: Looking for views on Management Company issues

Check your lease. There is usually a clause about 24 hours notice being given in the event of needing to enter a property for whatever reason.
How about asking your landlord if the locks can be changed immediately? If not, then let the landlord know that you do not feel secure in your own home and that as a result will be seeking to terminate the lease with one months notice.


There is no specific reference to time, however it does say "By Prior Appointment"
 
Re: Looking for views on Management Company issues

A letting agent and management company are two totally different things. Can I suggest you edit your post to say letting agent so that it makes sense.

While many letting agencies offer property management services, a management company in terms of apartments is a legal entity comprising all owners.

Thanks, I was about to follow up with the same comment.
 
Re: Looking for views on Letting Agent issues

Hi,

you should put all the above in a letter to the landlord. You should request that the locks on the apt are changed and if the landlord does not agree, then you have grounds to break lease as you do not have peaceful enjoyment of the apt. (cannot remember the exact words but it should be in your lease or prtb website.)

I would also meet the caretaker and inform him/her that if this happens again , then the Garda will be called. This is tresspass unless the apt block lease states that he/she can do this. Caretaker is probably only trying to do a good job and does not realise the implications of entering your apt.

In my oponion , the caretaker should not have keys to individual apts.

I would also start dealing with the landlord directly and not bother with the letting agent.

Just thought of something. Who does the caretaker work for.
 
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You have a right to enjoy peaceful and exclusive use of the property, as per the residential tenancies act.

I would suggest that you have grounds to break your lease if you so desire.

If it was me, I'd hand in my notice and leave but you may not wish to do that.

Either way, put your complaints in writing to your landlord sending a copy to the letting agent. You might suggest that should there be a re-occurence of the unauthorised entries into your apartment, that you will not hesitate to initiate legal proceedings for invasion of privacy.

You might also consider contacting the Gardai to see if they consider such matters to be trespass.
 
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