Illegal ... or Acceptable ? 🤔

On 16th June, while I was out on my bike for a workout, the Sheme Manager and Maintenance Man, who both work for the management company First Port, at a 75 flat scheme, entered my flat without my consent or knowledge.

They entered the flat for the purpose of the maintenance man assessing my service tunnel - because the tunnel is the route for an awful smell entering my kitchen and I want it sorted out. Their entry was by no means any kind of emergency, neither was there any risk of flooding or any other kind of damage to the property. They simply took it upon themselves to unlock and enter my flat knowing that I had not provided permission to do so. This was carried out by the scheme manager for First Port. I do not know if the maintenance man was aware of his unauthorised entry.

Upon returning from my bicycle ride, the scheme manager casually said that "We’ve Been In Your Flat … " as though it was an every day occurrence. She then added that she had called me and left a voicemail message asking for entry. She rang my business phone which remains at home. Either way, phone call or not, she and maintenance did not have my permission to enter, nor was I aware of the entry.

I said at the time that “If it was anyone else, I’d call the Police.”

I have not reported the incident - expecting to forget it. However, a couple of weeks or so later, I don’t feel OK about it - and every time I go out I wonder if they’ve been in my flat again (because the smell issue still isn’t fixed). It isn’t a pleasant thing to say, but I’ve lost all trust in the scheme manager now - and to add insult to injury, I understand that she told me she was in Probation prior to joining First Port. To my mind she should have known better.

I now no longer feel that my own home remains safe from intrusion and all my instincts point to finding somewhere else and leaving.

Is this legal ?

@Aron2

Not sure it’s necessarily illegal but not really acceptable if they didnt give 24h notice if it wasnt urgent and didnt give opportunity to reschedule. As a tenant you do have a right to 'quiet enjoyment ’

Check your tenancy agreement

For tenants normally 24h notice must be given but for urgent or emergency repairs they dont have to give notice and may claim there was a smell and it might be gas, for example. I get they might have been in vicinity for another job but they should at least have knocked and then asked if was convenient if you had answered, and otherwise not let themselves in, unless there was an emergency.

You dont have any right as a tenant to refuse access for maintenance or repairs, but obviously can ask LL to arrange for a reasonable time that suits.

Raise with your LL and with First port, perhaps with scheme manager to find out if she realizes its not right and then through her manager or a complaints process. As you say she ought to know better.

Given your previous thread (smelly flat) on one hand I’d be pleased they are still trying to look into issue to get it sorted, on t’other hand obviously they havent gone about that in a way that respects your rights to 'quiet enjoyment '. So maybe complain whilst asking for progress on addressing the smell issue.

If you get smell issue fixed and decide to stay but feel unsafe discuss with LL about changing the locks tho LL will need a copy. There’s absolutely no reason a maintenance co should have keys to every flat in a block it’s an unnecessary security risk and may invalidate your insurance.

Good luck

@David240

You know all about this matter - smelly flat poster

@Aron2

The LL , scheme manager know all about this and know what it is , its not a gas leak. So not desperately urgent that they could not adhere to the AST/APT as agents of LL and give 24 hrs notice or discuss with you a suitable time for ‘maintenance man’ to attend.

However, you want this matter sorted (unless you have given notice to leave) so I would chat to scheme manager and ask them to respect your legal rights re: access. nothing more.