Can you help me out? - Forced Entry to Property

SeagullSarge · Nov 27, 2013

Evening all,

I wouldn't normally reach out like this for help, being a Seagulls forum an all...

I have a bit of a situation with my Flat in Southampton, and wonder if anyone else has had a similar problem or know the law on forced entry to a property.

I own a flat in Southampton and have moved out to live back in Brighton, leaving the flat for sale and vacant. The property is serviced by Geothermal hot water, this system is billed and managed by a property management company. They have sent me a letter through this week informing me that they are coming to inspect the system as they suspect there is something wrong with it as the readings are low (no surprise seeing as though I have left the property vacant). They have informed me that they are coming on Monday/Tuesday next week and require access to my flat, if I am not there (which I won't be as I am at work and cannot get to Soton) they will force entry and change the locks at my cost! Also claiming that they will have the Police with them!

Please can some one help me with where I legally stand, presumably they can't just go waltzing into any house they feel like? in my mind this would be criminal damage, breaking and entry, and also trespass..

I thank you all for your help

Driver8 · Nov 27, 2013

Surely a phone call telling them it's vacant will sort it out?

Greg Bobkin · Nov 27, 2013

Why don't you nip down to wherever this company is based (Southampton too?) between now and Monday and give them a key?

Thunder Bolt · Nov 27, 2013

They would need to get a warrant to be able to force entry.

SeagullSarge · Nov 27, 2013

Greg Bobkin said:
Why don't you nip down to wherever this company is based (Southampton too?) between now and Monday and give them a key?

Unfortunately I work in London and the property management company is based in Swindon, I should have mentioned that I'm really not happy about someone accessing the property with me not being their... I'm happy to rearrange for the following week when I'm on annual leave but they are having none of it

Beach Hut · Nov 27, 2013

Greg Bobkin said:
Why don't you nip down to wherever this company is based (Southampton too?) between now and Monday and give them a key?

Or send them a key, recorded delivery

Tom Hark Preston Park · Nov 27, 2013

Who's coming to inspect - the hot water company or the property management company? If its the hot water company then set the property management company on them. If its the property management company then surely you're their client and they should not be breaking and entering their client's premises? Sounds like only half the story being posted on here.

theboybilly · Nov 27, 2013

Driver8 is right, a quick call is all that may be needed. Utility companies do however have the right to force entry (mostly for gas or water leaks in reality) I'm not sure about the situation regarding them changing the locks though. You could also ring the local police to see what their take on it is seeing as their bods will be in proximity.

Cheshire Cat · Nov 27, 2013

I think utility companies can do this every year unless they get a meter reading

Mackenzie · Nov 27, 2013

Booby trap the door?

symyjym · Nov 27, 2013

Greg Bobkin said:
Why don't you nip down to wherever this company is based (Southampton too?) between now and Monday and give them a key?

They are only checking because the water readings are low, but they would be because he doesn't live there. Phoning them up and notifying them that it is vacant would be the first step.

theboybilly · Nov 27, 2013

In the same way that you tell any utility company how many people will be living in the property when you sign up, it's always best to let them know when there are changes. I'm convinced that a phone call will sort this problem for you.

happypig · Nov 27, 2013

Thunder Bolt said:
They would need to get a warrant to be able to force entry.

This. And to get a magistrate to grant them a warrant they would have prove that they have reasonable grounds to believe that there is something untoward going on and that they had made reasonable efforts to obtain legitimate access (which you had refused). I'm not sure that low useage of heating/water in an empty flat would pass the test.

I had similar some years back when Seeboard wanted to read my meter; I told them they could come any evening between 6 and 9 or 8-8 Saturday/Sunday. They said they only came out weekdays and would apply for a warrant, I told the woman that I would attend court and oppose it, supervisor came on and said "Saturday Morning ok ?".

Thunder Bolt · Nov 27, 2013

theboybilly said:
Driver8 is right, a quick call is all that may be needed. Utility companies do however have the right to force entry (mostly for gas or water leaks in reality) I'm not sure about the situation regarding them changing the locks though. You could also ring the local police to see what their take on it is seeing as their bods will be in proximity.

I can only speak for electricity companies (and I left 11 years ago) but when they wanted to disconnect/fit a prepayment meter for non payment, they would have to get a warrant from the local court to be able to force entry. They took police with them if they expected to meet resistance. If the property was empty, they would force the door and change the locks.

As the property is for sale, can the company go to your estate agent for a key?

beorhthelm · Nov 27, 2013

Tom Hark said:
Who's coming to inspect - the hot water company or the property management company? If its the hot water company then set the property management company on them. If its the property management company then surely you're their client and they should not be breaking and entering their client's premises? Sounds like only half the story being posted on here.

that. isn't this the whole point of a property managment company? shirley they are already keyholders?

drew · Nov 27, 2013

Seems odd that first port of call is a forum rather than picking up the phone to the sender or the letter!!!

(Of course I apologise for the tone if in fact you only got back from work this evening to find the letter on the doormat at a time when the managing agents are closed for the day. It goes without saying that if you received the letter yesterday then no apology on my part is necessary!!!)

happypig · Nov 27, 2013

SeagullSarge said:
I'm happy to rearrange for the following week when I'm on annual leave but they are having none of it

If you have told them this, there is no way that they will obtain a warrant as you have been perfectly reasonable. They are trying it on.

drew · Nov 27, 2013

SeagullSarge said:
Unfortunately I work in London and the property management company is based in Swindon, I should have mentioned that I'm really not happy about someone accessing the property with me not being their... I'm happy to rearrange for the following week when I'm on annual leave but they are having none of it

Sorry, seems you have spoken to them so apology in order.

SeagullSarge · Nov 27, 2013

drew said:
Sorry, seems you have spoken to them so apology in order.

No worries Drew, long story short the hot water company that the property maintenance company are representing are not a utility company and as such have no regulation, the property maintenance company have a track record of using unfair tactics and hidden charges so I'm being very cautious about letting them have access to my property without me being there...

I just want to know exactly what they are up to and see what needs changing as essentially they could recharge me for work/items!

Tom Hark Preston Park · Nov 27, 2013

SeagullSarge said:
No worries Drew, long story short the hot water company that the property maintenance company are representing are not a utility company and as such have no regulation, the property maintenance company have a track record of using unfair tactics and hidden charges so I'm being very cautious about letting them have access to my property without me being there...

I just want to know exactly what they are up to and see what needs changing as essentially they could recharge me for work/items!

Think you might have just lost the NSC dressing room here Sarge :lol:

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