Rental - access for viewings?

downshifted

We have given notice on our rental property. 2 days ago we had a call asking if the agent could come round for a viewing at 6.15 tonight. We said yes.

This morning we have a letter from the agent which says

"We have a viewing booked on (date next week) and will try to book in any other viewings to tag onto this in order to lessen disruption.

We will access the property with a set of keys in case you are unable to attend

If this is inconvenient please call the office asap so we can re arrange"

We can be there and are happy to be helpful. But we will be away for a couple of days before we move out and are unhappy about them possibly letting themselves in and showing people round while we are away - can they do this?

Gwhiz

No they cannot without your permission.

G_M

No.
Write back and say "We will be happy to facilitate viewings that have been pre-arranged, at times which are mutually convenient, but under no circumstances should viewings be made in our absence, even if pre-agreed. For example if we are unavoidably detained and miss the viewing time, the agent may NOT use their keys to access the property in our absence.

Any such access would be considered a breach of our right to quiet enjoyment, and further viewings would then be completely denied.

Please confirm your receipt of this letter by return of post"

Fire_Fox

Please run a search as this comes up very regularly and has been discussed at length. Same quote I always post, apologies to those for whom it is not new material:

"The tenant has the right to quiet enjoyment of the property for the duration of the tenancy along with the legal right to live in property as if it was their own home. This means that they have the right to a peaceful existence without undue disturbance. Harassment is a criminal offence under the Protection from Eviction Act 1977 and may result in the landlord being fined, or even imprisoned in extreme cases. Harassment can take the form of:

• Entering the property without permission.
• Changing the locks without giving the tenant warning or new keys.
• Cutting off utilities such as gas water and electricity.
• Tampering with mail or possessions.
• Verbal or physical abuse or threats.
• Enter the tenant's home whilst the they are out."

http://www.themovechannel.com/guides...tenant_rights/

downshifted

Sorry I didn't search - letter was a bit of a shock since we are very reasonable tenants

Many thanks to all of you for responding

tbs624

Fire_Fox wrote: »

Please run a search as this comes up very regularly and has been discussed at length. Same quote I always post, apologies to those for whom it is not new material: ..

May be best to quote from Shelter et al, rather than that particular site FF, as see also on their page:

"To show the property to prospective tenants. You will normally insert a clause into the tenancy agreement giving you the right to gain access to the property at reasonable times of the day to show prospective new tenants around, if the current tenants are not renewing or extending their tenancy. Again, there will normally be a stipulation that you give fair notice of any appointments, usually 24 hours. Procedures for gaining access to the property should be included in the tenancy agreement. "

which may lead to a misunderstanding.

GarySt_2

See below quote from another site that was collated from the .gov site. The landlord has a right to enter the premises during reasonable times of the day providing he gives you 24 hours notice. He must get your permission. Of course if you refuse him his rights and it costs him money through a lost tenant then he may have a claim against you.

What access rights does the landlord have?

The landlord or agent has the legal right to enter the property at reasonable times of day to carry out the repairs for which the landlord is responsible and to inspect the condition and state of the repair of the property. The Landlord must give 24 hours’ notice in writing of an inspection.
Quiet Enjoyment

The tenant has the legal right to live in the property as his or her home. The Landlord must ask the tenant’s permission before entering the premises.
Should these responsibilities and rights be included in the tenancy agreement?

Statutory responsibilities and rights will apply to you and the tenant even if they are not included in the tenancy agreement.

G_M

That's the trouble with the internet. There's a mass of information out there but it's not all reliable. Just as some LLs/agencies use dodgy AST's, so the info on sites may be biased.
Most posters here thankfully show links to their sources so others can at least check the likely accuracy of a quote.

Keep it up!

clutton_2

""The landlord or agent has the legal right to enter the property at reasonable times of day to carry out the repairs for which the landlord is responsible and to inspect the condition and state of the repair of the property.""



If a tenant does not agree the landlord CANNOT enter the property without a court order, unless it is an emergency which is not legally defined as fas as i can tell - but i assume it to be the likes of water flooding out or danger of explosion, or fire....

A landlord does not even have legal authority to enter to provide a Gas Safety Certificate if the tenant refuses access .....

i have been through this scenario in great detail during the past year with an appalling tenant, and in order to gain access i would have needed to have got a Court Injunction - expensive and costly process....