Estate Agent withholding my house keys

[cenzovm]

I'm selling an unoccupied house in the UK between my ex wife and I. For ease, we agreed to use same solicitor. We are both overseas, but recently I asked the estate agent to give my brother the house key, so he could go in and repair a wind-damaged garden fence and a general tidy up. He agreed to do that. My ex was informed by the agent and she sent an email instructing the agent to not give him the key. I argued that my ex has friends going into the house to help collect her mail etc and I have not complained. He now insists that he needs both of us to agree, to allow my brother access.
Can the Agent make a call like this.? If my ex is going to decide to now become a control freak, then isn't this a matter for a solicitor..?

How can I challenge the Agent and force him to provide the keys to my brother..?

[paulajayne]

Who employed the estate agent?

[2222]

The agent is being entirely reasonable. You and your ex need to decide whether to maximise the value of the house or maximise the harm you do to each other. Your call, not the agent's.

[cenzovm]

I'm selling an unoccupied house in the UK between my ex wife and I. For ease, we agreed to use same solicitor. We are both overseas, but recently I asked the estate agent to give my brother the house key, so he could go in and repair a wind-damaged garden fence and a general tidy up. He agreed to do that. My ex was informed by the agent and she sent an email instructing the agent to not give him the key. I argued that my ex has friends going into the house to help collect her mail etc and I have not complained. He now insists that he needs both of us to agree, to allow my brother access.
Can the Agent make a call like this.? If my ex is going to decide to now become a control freak, then isn't this a matter for a solicitor..?

How can I challenge the Agent and force him to provide the keys to my brother..?

My Ex insisted on this Agent, I had another preference that she would not agree. So went along with her choice.

2222. My question is not the same as your answer. The Agent is the holder of a door key only to allow viewings. He has no authority to make mandatory decisions about the release of the key to owner trusted recipients, as per my instruction.
In regards to your response, I fully expect the Agent to perform his duty of engagement (and payment) and deliver a service and get good sale.

[2222]

My Ex insisted on this Agent, I had another preference that she would not agree. So went along with her choice.

2222. My question is not the same as your answer. The Agent is the holder of a door key only to allow viewings. He has no authority to make mandatory decisions about the release of the key to owner trusted recipients, as per my instruction.
In regards to your response, I fully expect the Agent to perform his duty of engagement (and payment) and deliver a service and get good sale.

If the agent is the holder of a door key only to allow viewings, why are you complaining that he wants authority from all the owners to release the keys for another purpose?

You really need to sort this out with your ex, and leave the agent out of it.

[cenzovm]

If the agent is the holder of a door key only to allow viewings, why are you complaining that he wants authority from all the owners to release the keys for another purpose?

You really need to sort this out with your ex, and leave the agent out of it.

2222 He has no authority to make mandatory decisions about the release of the key to owner trusted recipients, as per my instruction.

[Peridot]

Hi Cenzovm,
The issue you have is the property is jointly owned with your ex. It is perfectly reasonable to expect both co-owners to have to provide consent for a third party to enter the property particularly when the co-owners are no longer together. Probably the quickest way to resolve this is to ask your ex to contact the agent if they agree to your brother entering to deal with some works at the property.

[jaguarsuk]

The alternative of course is to revoke access to your ex's friends via the agent to collect mail etc.

If the agent fails to comply with that, you then have grounds to deal with them based on that.

Basically contact the ex and inform her, give consent for brother to access to complete the work or I revoke your friends access. Balls in your court!!

[cenzovm]

The alternative of course is to revoke access to your ex's friends via the agent to collect mail etc.

If the agent fails to comply with that, you then have grounds to deal with them based on that.

Basically contact the ex and inform her, give consent for brother to access to complete the work or I revoke your friends access. Balls in your court!!

The unfortunate situation is that my ex facilitated her friends access, by providing her a set of keys. This was in order to collect mail and any other minor occurrences, while the house was tenanted. Oddly enough, I had no mail at all in those two years.!! So, the scene was set from before with this friend. I allowed this as I had no reason to prevent her having access, as this was intended to be of help to my ex. At the time of my brother being refused the key, I informed the Agent that this friend was not involved in the Sale process going forward (why would she be). So, of course my ex was advised that this friend could no longer act as her go-between with the Agent (I have no idea why she needs that). As a result, I got an email from my ex stating if I didn't reinstate her status, she would remove the house from the Market. I believe her friend has been to the house since. So, whilst I agree with your approach.. I am not dealing with a person (my ex) with rational thoughts. I just want to sell the house..
I agree with all that say, the Agent should act on agreed instructions of us both. But, what is clearly happening is that I am not being heard much less having my instructions adhered to. That's why I want to force the hand of the Agent to follow both instructions, or follow mine.

[jaguarsuk]

The unfortunate situation is that my ex facilitated her friends access, by providing her a set of keys. This was in order to collect mail and any other minor occurrences, while the house was tenanted. Oddly enough, I had no mail at all in those two years.!! So, the scene was set from before with this friend. I allowed this as I had no reason to prevent her having access, as this was intended to be of help to my ex. At the time of my brother being refused the key, I informed the Agent that this friend was not involved in the Sale process going forward (why would she be). So, of course my ex was advised that this friend could no longer act as her go-between with the Agent (I have no idea why she needs that). As a result, I got an email from my ex stating if I didn't reinstate her status, she would remove the house from the Market. I believe her friend has been to the house since. So, whilst I agree with your approach.. I am not dealing with a person (my ex) with rational thoughts. I just want to sell the house..
I agree with all that say, the Agent should act on agreed instructions of us both. But, what is clearly happening is that I am not being heard much less having my instructions adhered to. That's why I want to force the hand of the Agent to follow both instructions, or follow mine.

Are you both paying a proportion of the mortgage and what impact would this have on you going forward?