Reasonable Access?

[Dotty50]

What would you consider is reasonable?

 

It's student accommodation with a 12 month AST which expires in August 11.

 

Landlord tells me it is now prime time advertising for the Autumn and asked whether my offspring is planning to stay, which is the plan but since agreeing that it should be re-advertised, there has been a viewing almost daily! (6 in 10 days)

 

The landlord also arranged a viewing on Sunday without prior agreement and just called to advised that it had been arranged.

 

Can the students refuse the landlord/agent access if it is not a convenient time for them?

 

The agent also has a key, is that reasonable? Are they allowed to access without one of the current tenant being at the house?

[MrShed]

The nature of student letting is that it comes in short sharp bursts like this.

 

Under the specific context described, I wouldnt say it is unreasonable.

 

However, reasonable or otherwise, the tenants have a right to refuse access for a viewing without reason, should they so desire.

 

However, my personal advice would be to allow whatever viewings practical, as unfortunately this is the way student lets go. BUT, it would be fair and reasonable to say to the agent that they should not be entering the property under any circumstances if no one is present unless they have the permission of the tenants.

[Dotty50]

Thanks for your input, Mr Shed.

 

So far, the agent has only been round by appointment, so we will just have to see how it goes.

 

I expect they will have more problems from the landlord, who likes to just let himself in without knocking, he does phone but gives little notice.

[Dotty50]

Another 2 viewings yesterday but also one today and the estate agent let themselves in!

 

Who do we complain to, the agent or landlord?

 

Unfortunately the LL has a tendency to have a rant (very seriously at times) and I know he will say that it is the interests of the existing tenants that want to stay, to get the house filled up again. But surely we can put a limit or restriction on the amount of viewings per week?

[45002]

Another 2 viewings yesterday but also one today and the estate agent let themselves in!

 

Who do we complain to, the agent or landlord?

 

Unfortunately the LL has a tendency to have a rant (very seriously at times) and I know he will say that it is the interests of the existing tenants that want to stay, to get the house filled up again. But surely we can put a limit or restriction on the amount of viewings per week?

 

It's allways best to try and get on with your LL/Agent and arrange times convenient to you both,But

 

The LL/Agent have to give you at least 24 hours in writing and if it's still not convenient to you the tenant,you dont have to let them in.

 

If the LL/Agent are just letting them self in,Change the locks and make surer you dont cause any damage to the LL locks and door and put them back when you leave.

 

Tenants have the right to privacy and not to have LL/Agent showing strangers around when ever it suits them..

[Dotty50]

Changing the locks just isn't a practical option as it is a student share and I know the landlord would be a nightmare if we did this!

 

The LL can be very trying at times, I think I will just point out to them what has happened today and see what sort of reaction we get.

 

The agent could say they knocked first but the students say they did not hear anything!

[45002]

Changing the locks just isn't a practical option as it is a student share and I know the landlord would be a nightmare if we did this!

 

The LL can be very trying at times, I think I will just point out to them what has happened today and see what sort of reaction we get.

 

The agent could say they knocked first but the students say they did not hear anything!

 

If its just one door,change it and get keys cut to the rest of the students,if you dont do anythink your LL/Agent are just going to carry on abusing your rights to privacy.

 

Just because you renting a house/flat/room or what ever doesnt give your LL/Agent to come in when ever they like showing strangers around................

 

What would your LL/Agent say if you had keys to there homes and went around showing strangers around Unannounced..

[MrShed]

Just to be clear...

 

Is this a student house with seperate lockable rooms and a communal area? Or a house let in its entirety to 1 group of students?

[Dotty50]

It is an HMO let under a joint AST .

 

No locks on individual rooms, which is another bone of contention but I am told by the local housing dept that this is standard practice nowadays. Although my other son is in a house with locks on all their bedrooms.

 

There are communal areas

[MrShed]

OK so it is a single joint AST?

 

In that case, my personal opinion would be simply to write to them, politely but firmly, stating that they have no permission to enter the property without a tenant being there and allowing access. I wouldnt go to the stage of changing the locks before this.

[Dotty50]

No, I think changing locks is extreme unless absolutely necessary.

 

Not sure what you mean by single/joint AST?

 

It's one AST between 5 students with joint and several liability.

 

I will put it in writing to the LL as it may have been a different estate agent to the one that had previously been round

[MrShed]

That is what I mean by a single joint AST, sorry - basically, that they are all on the one tenancy, not each with seperate.

 

Personally, I would put it to the agents not the LL - it is the agents who are actually entering not the LL. But...likely to have the same result in any event tbh.

[Dotty50]

Thank you Mr Shed,

 

I just didn't want to accuse the wrong agent.

 

I wish it was a single tenancy, I think it would have been so much easier for us!

[stu007]

Hi Dotty50

 

I agree with Mr Shed write to the letting agent pointing out that they need to give you 24hrs notice in writing.

 

Yes your Letting Agent/Landlord is allowed reasonable access to the property but must give you the tenants at least 24hours notice in writing, if they continue to use the clause we gave you a phone call but no one answered put it in your letter that you want notified in writing 24hr minimum in advance and that one of the tenants must be present.

 

Please bear in mind you have a right to privacy and the agent/landlord just letting themselves in wrong because who is to say they havent done this before and went looking at your individual property or worse something is stolen from the property. They are not being reasonable with you the tenants and have no write to let themselves into that property for viewings the way they are doing.

 

As for changing the locks be careful with that as you would have to put that in writing to the letting agent/landlord requesting permission to do this and you would still have to give the letting agent/landlord a set of keys for the new locks.

 

Hope this help

[MrShed]

Stu just for some clarity to your post:

 

- The word "must" in terms of 24 hours written notice is a little bit pointles hence why I have intentionally avoided it. They dont really have to, there is nothing mandating this in law. Moreover, agreements can be made between agent and tenant to allow access other than this. Also, if you look at it from the agents perspective in the interests of fairness, giving 24 hours written notice every time they want to view a prospective tenant would make it quite restrictive for them. In any event, 24 hours written notice cant be physically enforced in any way.

 

- Whilst I agree changing the locks shouldnt be done lightly, that is only in order to prevent getting the LLs back up. There is no requirement for written permission, nor do the keys have to be provided. Of course, they should be advised in writing that you have done so.

 

Sorry to pick apart the post, not meaning to just correcting/embellishing a couple of points.

[Dotty50]

Thanks for posting Stu.

 

No intention of changing locks, the original question was what is reasonable as far as viewings are concerned, as in the amount.

 

All the viewings have been by pre-arranged appointment, apart from one that the LL arranged himself and told the students he was coming and when.

 

It was only once, today that an agent let themselves in and one of the students has always been there so far.

Edited March 2, 2011 by Dotty50
Removed a sentence due to clarification in further post that crossed

[45002]

Thanks for posting Stu.

 

No intention of changing locks, the original question was what is reasonable as far as viewings are concerned, as in the amount.

 

All the viewings have been by pre-arranged appointment, apart from one that the LL arranged himself and told the students he was coming and when.

 

It was only once, today that an agent let themselves in and one of the students has always been there so far.

 

It isnt extreme changing the locks,it's to protect your privacy and safely,but if your happy with Agent and strangers come in when ever they like that's your choice..

 

Ask yourself this

 

How many times has the LL/Agent let themself in when you and everyone else where out and have had a nose around at your personal belongings !

Edited March 3, 2011 by 45002

[Dotty50]

House has now been re-let to a new group so looks like we have some house searching to do!

 

Not happy, thought we had found somewhere for the 3 years duration which was ideal but that is landlords for you, only one interest........................ THEMSELVES!

[bedlington83]

House has now been re-let to a new group

Hang on, I thought you said that it was an AST that didn't expire until August 2011. How can it be re-let already?

[Dotty50]

Re-let at the end of current tenancy

[bedlington83]

I see