landlord/estate agent's access to flat when i have provided notice of moving out

rentinginlondon

Hi all

I gave notice to move out of my flat and the landlord said the estate agent has keys and he is about to start showing the flat to possible tenants.

I requested that the estate agent called me first before showing up as I don't want people to be walking in and out of my flat without me knowing and also it's a studio so do not want to be getting changed etc with the possibility of someone walking in!

The landlord's response said that they will try to do that....

I am more than happy to allow access to the flat - with advanced notice from the estate agent. I think I am being reasonable!

Just want to check what my rights are in regards to this matter, as i know the estage agent and he will not respect this - if anyone could help!?

Thanks

madeupname1

You don't have to give them permission at all (even if it says you will in the tenancy agreement) and without your permission, they may not enter the property. So yes, you are being very reasonable ...:)

littlesnuggy

I'm pretty sure they have to give you 24hrs notice. The flat I'm buying was being rented and I couldn't do viewings with the agent same-day as they had to give the tenant notice.

Zelie

Write to your landlord and the estate agent informing them that they WILL bring prospective tenants around only at times convenient to you. It might be helpful if you let them know when is good for you, for example Saturday and Sunday afternoon and Wednesday evening. This gives them ample time to book people in for viewings. You can also tell them that you have the right to quiet enjoyment of the property until the end of your tenancy and although you are willing to let prospective tenants view during the next few weeks if the LL or estate agent do not adhere to the conditions you've set out then you will refuse access at all times.

Have you got a chain on your door you can use? Or stick a key in the lock to prevent another key being used?

Zelie

littlesnuggy wrote: »

I'm pretty sure they have to give you 24hrs notice. The flat I'm buying was being rented and I couldn't do viewings with the agent same-day as they had to give the tenant notice.

They have to request with 24 hours notice. The tenant doesn't have to agree.

tbs624

rentinginlondon wrote: »

Hi all

I gave notice to move out of my flat and the landlord said the estate agent has keys and he is about to start showing the flat to possible tenants.

I requested that the estate agent called me first before showing up as I don't want people to be walking in and out of my flat without me knowing and also it's a studio so do not want to be getting changed etc with the possibility of someone walking in!

The landlord's response said that they will try to do that....

They have to do more than "try". Whilst you are still the tenant you have "exclusive occupation" of the property and they need your consent or a court order to be able to enter. LLs and LAs need to understand that if they want access for viewing by potential Ts then they need to *ask* the current occupant (nicely), not demand.

*Some* LLs will offer to pay a small fee in return for access and the T having the place looking reasonable.;)

Howeveryou decide to handle it, put it in writing to both LL and EA and keep a copy for your own records.

martindow

rentinginlondon wrote: »

I requested that the estate agent called me first before showing up as I don't want people to be walking in and out of my flat without me knowing and also it's a studio so do not want to be getting changed etc with the possibility of someone walking in!

The landlord's response said that they will try to do that....

I am more than happy to allow access to the flat - with advanced notice from the estate agent. I think I am being reasonable!

My concern here would be the LL's attitude as his casual response about "trying" suggests they are likely to let themselves in regardless. I would change the lock (keeping the old barrel to refit when you leave).

They would only discover this change if they disregarded your wishes regarding viewings.

pyueck

martindow wrote: »

My concern here would be the LL's attitude as his casual response about "trying" suggests they are likely to let themselves in regardless. I would change the lock (keeping the old barrel to refit when you leave).

They would only discover this change if they disregarded your wishes regarding viewings.

Agree with everything the previous posters have said. Legally the landlord can only come in to inspect or repair the property and must officially give you 24 hours notice. See http://england.shelter.org.uk/get_advice/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities.

Contrary to what many agents say, there is no legal obligation on you making the place presentable to prospective tenants.

Normally letting prospective tenants see the place is done on a good will basis by leaving tenants. Legally there is no reason why you should have to let complete strangers walk round your house (the right of access is for the landlord not the complete randomers looking round) and certainly no reason why the place should be cleaned for them.

Personally, I think the law needs to be clarified in this area. Currently many agents mislead tenants into thinking that letting new tenants move round is a legal obligation. It is clearly in landlords interest to get prospective tenants looking as soon as possible, but this does seem to be at the expense of the tenant.

Especially when you live in a small place, it takes a considerable amount of effort to make the place presentable (even if its not a legal obligation, most people don't want to have their dirty undies on the floor and last nights takeaway in the sink). I have never heard of a landlord offering to pay a fee for it to be made presentable, but its certainly an idea.

With regard to the OP's actual problem, I would say to them that you are doing a favour letting people look round, and will require at least 48 hours notice, plus a right of veto. The right of veto is important, as theoretically the landlord might say, oh right then I will come at 9am on Monday morning, and this may well not be convenient for you. I would also send them an e-mail saying that under no circumstances is the landlord to let prospective tenants into the property without your express permission. I would probably advise against saying no full stop, as this will probably turn the landlord off you (and could lead to more problems than normal when it comes to deposit disputes). Its up to you though, if you don't want people in your home, just say no, there legally isn't really much they can do about it.

rentinginlondon

Thanks for all your replies I now have an understanding of my rights as a tenant.

I advised both the landlord and estate agent they must speak to me first to arrange a time that is suitable for me to show tenants the flat. However I found out this morning the estate agent let himself in without my permission. about to write an email to the landlord saying i will be accommodating however there will be times I will not be available and will suggest alternative times. I also mentioned if the estate agent continues let himself in I will be seeking legal advice but I do hope that the situation will be resolved so it does not come to this.

The estate agent tried to mislead me saying he can enter the property during the last 28 days of my agreement! I asked him why he was saying that when he knows the law!

Thanks all for responding.

Linda

rentinginlondon

Also for anyone else in this situation I spoke to a friend who works for a council (and kind of in this area) about where I can go to get legal advice and she said to speak to the citizen's advice - which I will be doing on Tuesday!

G_M

rentinginlondon wrote: »

I advised both the landlord and estate agent they must speak to me first to arrange a time that is suitable for me to show tenants the flat. However I found out this morning the estate agent let himself in without my permission. about to write an email to the landlord saying i will be accommodating however there will be times I will not be available and will suggest alternative times. I also mentioned if the estate agent continues let himself in I will be seeking legal advice but I do hope that the situation will be resolved so it does not come to this.

The estate agent tried to mislead me saying he can enter the property during the last 28 days of my agreement! I asked him why he was saying that when he knows the law!

Thanks all for responding.

Linda

Do it in writing! Post - recorded delivery. NOT text. NOT email. Not phone.

If they've been in once already without permission, change the barrel of the lock (about a fiver), but keep the old one to put back when you leave.