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Viewings of my rented property

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  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 30 September 2009 at 4:53PM
    Where do i stand here?

    They can't enter without your permission. You have a right to quiet enjoyment.
    Can i insist that I am there when they come round?

    Yes, and do be there when they view. Would your insurance would pay out if something was stolen during viewings? You need to be there to keep an eye on your belongings and your dog.
    Or are they right?

    They are wrong. Change the lock and then put the old one back on when you leave. The letting agents sound like they don't know what they are doing.

    If your landlord has been a decent landlord (such as doing his repairs quickly) you could always decide what days and times are conventient to you, then give a list of these times to the LA in writing, for block viewings. Also tell them, in writing, that they do not have your permission to enter the property for viewings, without you being there.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • tizhimi wrote: »
    so how are people meant to view properties?
    By psychic remote viewing if the tenant does not agree to let viewers on to the property. Actually, it is down to the LL and Agent to deal with the requests for viewings and it is for them to disappoint viewers if they put the property to market before they have vacant possession.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • dgl1001
    dgl1001 Posts: 183 Forumite
    becky_rtw wrote: »
    Indeed - Regshoe is correct - provided you are on an AST (assured shorthold tennacy), no matter what it says in your contract you have the right to 'quiet enjoyment'

    From shelter:
    Your right to live in your accommodation undisturbed

    You have the right to live in your accommodation without being disturbed. You have control over your home so that your landlord and other people cannot freely enter whenever they want to. Your landlord cannot limit or otherwise interfere with your right to live in your home. If your landlord tries to do this s/he may be guilty of harassment, which is against the law.


    I would contact them if you want more info or help.

    Im sorry, but there is a big difference between a binding contract agreeing to viewings towards the end of the tenancy and "quiet enjoyment". If this went to the court, a judge would find it very difficult to rule in favour ofa tenant where they have agreed it viewings in writing and sufficient written notice has been given in advance. People shold also be reminded that Shelter are a charity and do not make any laws whatsoever
  • tizhimi
    tizhimi Posts: 457 Forumite
    I wish I'd never posted now.
    I run an event management company, I put on events, I go to events, if I don't know anything about events - its not worth knowing!
    :j:j:jNegotiate, Negotiate, and Negotiate again.:j:j:j
  • PayDay
    PayDay Posts: 346 Forumite
    dgl1001 wrote: »
    Im sorry, but there is a big difference between a binding contract agreeing to viewings towards the end of the tenancy and "quiet enjoyment". If this went to the court, a judge would find it very difficult to rule in favour ofa tenant where they have agreed it viewings in writing and sufficient written notice has been given in advance. People shold also be reminded that Shelter are a charity and do not make any laws whatsoever

    If I rented you a house and told you that I wasn't going to put your deposit in one of the deposit schemes and put that in a contact and you signed to say that was ok, do you think that would be binding/legal? The answer = it's not binding or legal. You cannot take away someones legal rights, in a contract.

    I can ask my tenants in writing if I can view the house, but I need their permission before I enter.
  • dgl1001
    dgl1001 Posts: 183 Forumite
    PayDay wrote: »
    If I rented you a house and told you that I wasn't going to put your deposit in one of the deposit schemes and put that in a contact and you signed to say that was ok, do you think that would be binding/legal? The answer = it's not binding or legal. You cannot take away someones legal rights, in a contract.

    I can ask my tenants in writing if I can view the house, but I need their permission before I enter.


    Your right, statute overrides contract law but "quiet enjoyment" is very subjective and the example you have given is totally irrelvent as they are clearly defined actions. The entire purpose of having clauses in AST's agreements is to establish what defines quiet enjoyment. e.g. by agreeing to a written 24 hour notice period, the tenant/ LL are setting out what is defined as quiet enjoyment. A judge will use the AGREED terms of the ast as a basis to define "quiet enjoyment". If the LL dones anything outside of the agreed terms, then fair enough.
  • Lavendyr
    Lavendyr Posts: 2,610 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 30 September 2009 at 8:49PM
    tizhimi wrote: »
    I wish I'd never posted now.
    By all means post, but please check your facts before posting something as fact.
  • dgl1001
    dgl1001 Posts: 183 Forumite
    Lavendyr wrote: »
    By all means post, but please check your facts before posting something as fact.


    Quiet enjoyment is a statutory right but the LL can still enter the property where they have agreed suitable terms to give appropiate notice to enter i.e. if there is a clause a in agreement allowing viewings prior to the tenancy ending
  • Plus if your dog bit someone you would have huge problems. Any dog even if its not in their normal nature when alone and faced with strangers in their home may reasonably be aggressive.
  • Thanks for all your replies.

    I have put in writing to the agents when i am prepared to allow people to view and that they are not allowed to show people round without me being here because of all the boxes and the dog.

    Thanks again
    :j rolo-polo1965 :j
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