Viewings at the end of tenancy

[natalie]

I'm in the final month of my tenancy (ends August 5th) and have no problem with my landlady (or rather her agents) arranging viewings to secure new tenants.

 

However, I'm really starting to feel they are taking advantage somewhat. My partner went into hospital in London (about 2 hour drive each way) yesterday and both agencies knew this. One agency had left a message on my home answerphone at around 4pm asking to arrange a viewing for this morning, but I wasnt in. This morning at 9 they turned up (I hadnt listened to my messages because I got home late) as I hadnt called back she assumed it would be ok.

 

Then she tells me that the landlady has now given her a key, so if I'm not in she can still get access and go ahead with the viewing.

 

I am really uncomfortable about this. I dont want people coming into my home when I'm not there. And if I am away for the weekend I wont even know anything about it.

 

Can they gain access without my permission even though I have paid all my rent until 5th August?

 

What, if any, notification do they have to give me?

 

I really dont have a problem with my landlady and am quite happy to allow viewings when its convenient, but I'm not happy with my home being treated as though its no longer mine when I've paid for it.

[natalie]

bump

[JGJ]

Bumpity bump

[Aequitas]

Have a look here: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/250737-landlords-right-access.html and also here (post 20): What Right Have I To Refuse Allow Viewings During The Notice Period? - House Price Crash forum - Page 2

[natalie]

That's brilliant thanks, I think I'll call my landlady and tell her that while I'm happy enough for them to do viewings while I am around and its convenient, I'm not happy about people coming in the house when I'm not there.

[Sali]

I would look at the contract you signed and see what it says regarding viewings at end of tenancy. It's usually 24 hours notice, unless it's an emergency, but this could be a message on your ansaphone or a note dropped through the door that you may not pick up immediately.

 

Whilst I do sympathise with your situation, the LL probably cannot afford not to re-rent the property. Considering your current circumstances, have you thought of offering to stay (and pay for) on a couple of extra months - or have you a new property already lined up? It would take the pressure and stress off of both parties.

[Kentish Lass]

It does not matter what it says in the AST, you do not have to permit anyone whether it be LL or LL's representative, to enter your home without (a) giving you a minimum 24 hours WRITTENnotice and (b) having your express permission to do so - unless there is a proveable emergency (e.g. gas leak or burst pipes). This is the law.

 

What is happening here is a major breach of your right to quiet enjoyment of your home and could be classed as harrassment. You are perfectly within your rights to change the locks if you wish (provided you do no damage in the process, and replace the original locks when you leave).

 

I think you need to write to Agent (copy to LL) and say that that whilst you are happy to allow viewings of your home when you are there, you do not give permission for anyone to enter your home when you are absent. Any further viewings will only be accepted on these terms and should they be breached, you will change the locks and consider consulting a solicitor regarding this breach of your quiet enjoyment and possible harrassment.

[45002]

It does not matter what it says in the AST, you do not have to permit anyone whether it be LL or LL's representative, to enter your home without (a) giving you a minimum 24 hours WRITTENnotice and (b) having your express permission to do so - unless there is a proveable emergency (e.g. gas leak or burst pipes). This is the law.

 

What is happening here is a major breach of your right to quiet enjoyment of your home and could be classed as harrassment. You are perfectly within your rights to change the locks if you wish (provided you do no damage in the process, and replace the original locks when you leave).

 

I think you need to write to Agent (copy to LL) and say that that whilst you are happy to allow viewings of your home when you are there, you do not give permission for anyone to enter your home when you are absent. Any further viewings will only be accepted on these terms and should they be breached, you will change the locks and consider consulting a solicitor regarding this breach of your quiet enjoyment and possible harrassment.

 

Kentish Lass is spot on the above post,i sort legal advice a few years ago from a solicitor and my local private tenancy department.

 

Both have said,regardless of what a tenancy agreement says and regardless of what type of tenancy,Assured Shorthold Tenancy (AST),Assured tenancy and Regulated (or 'protected' tenancy)

 

Legal action can be taken against a landlord or who ever under Protection from Harassment Act 1997 and Protection from evictions Act 1977 for breaking a tenants legal rights.

Edited July 20, 2010 by 45002

[Sali]

Does the tenant really want to end up in a court battle over this? It will be costly, messy and time-consuming (something which the tenant says is already in short supply right now) and there is no guarantee that the tenant will win.

 

Come to some agreement with your LL, even if that means you are absent for certain viewings. Perhaps you could arrange for a friend to be present instead. You want them to understand your dilemma, but you need to understand their position too. Compromise will always be better than the courtroom.

[45002]

I should have said as well,It's all ways best to try and co-operate with the LL and letting agents,but if a landlord persist prosecutions would be by Local private tenancy office or even by the police.

[Planner]

Does the tenant really want to end up in a court battle over this? It will be costly, messy and time-consuming (something which the tenant says is already in short supply right now) and there is no guarantee that the tenant will win.

 

 

The OP says I'm in the final month of my tenancy (ends August 5th)

 

I think this quickly puts to bed the idea that the tenant is going to be sucked into some LA Law style show trial (not that there was ever any risk of that anyway imho).

[natalie]

I get on well with my LL anyway, it wasnt really her fault, the fact that she had employed 2 agencies had created a certain amount of competition.

 

I called her and explained the situation and she was very apologetic, she had given over the key so that they could let themselves into the house when I left the property. Since the call there have been no further viewings, which could be a coincidence, or more likely my ll has told them to back off.

[Sali]

Planner, I never envisaged a LA style court case. However, so easily an issue that could have been resolved by compromise, ends up in a messy county court claim and counter claim, stretched out over months and sometimes years. Who wins (well, really there are never any winners except the lawyers) often depends on what the judge had for dinner the night before. Best avoided. Happily the OP doesn't have to tread that road now.

[Aequitas]

I have already expressed my opinion on this matter in the thread mentioned above.

 

Some people felt unable to go all the way with my views, though I think there was agreement that a landlord ultimately had a right to enter when it came to matters relating to maintenance. Since it comes up frequently, I would like to revisit the question of whether a tenant can refuse access for viewings by prospective tenants.

 

The first thing that can be said with confidence is that there is no right to view if the terms of the tenancy do not cover it.

 

But what if they do?

 

In the other thread I concentrated on trying to establish what the legal position was and that led to suggestions that I was ignoring reality. So let's get to the reality.

 

First, if a tenant refuses access there is not a lot a landlord can do. Even if it were established that the right is enforceable, it is not going to be worth a landlord's while to go to court over it.

 

Secondly, any landlord entering without the tenant confirming he is happy for him to enter (I will not say without consent because consent has been given by the agreement) runs the risk of falling foul of the legislation that protects tenants from harassment.

 

That leaves us with the practical result that a tenant can effectively deny access. That is not the same thing as saying that a tenant has the right to deny access. You cannot argue that there is no right because if there were a right you cannot enforce it, or at least easily. That is no different from saying that a debtor has the right to refuse to pay a debt that is not worth suing over.

 

I argued in the other thread that the right must exist in some form; many disagree. Until a court gives a ruling the position is uncertain. Accordingly I urge posters not to insist that where a tenant expressly agrees a right to view when he signs up that he is not bound by what he has agreed. That does not rule out drawing attention to the practicalities.