Refusing Viewings

sugarstar

I posted here a few weeks ago, requesting advice about the inept letting agents giving us notice to leave (wrongly) because they don't acknowledge a Statutory Periodic Tenancy.

I managed to sort that to suit us, and now we will be moving out on 22nd June.

The letting agent has just text me, saying they have arranged a viewing for Tuesday. I am not happy about allowing viewings while all our belongings are in the flat, so I phoned to tell them I was refusing the viewing, and would not be happy about allowing viewings at all (I mentioned the relevant clause in the tenancy agreement about "quiet enjoyment").

She was clearly not happy with this, and has asked me to put it in writing and said that according to a different clause I have to allow viewings, I just said I'm allowed to refuse them, just because you inform me doesn't mean I need to grant you entry.

Am I right here? Does the quiet enjoyment clause overwrite the other clause saying I need to allow viewings during the last 2 months of the tenancy?

What do I need to include in my letter refusing viewings?

tabskitten

If they do the viewings at a time when you are there to 'protect' your belongings what on earth is your problem?!?

It just looks like you are being difficult and giving everyone else who is just trying to do thier job a hard time!

The EA is not going to touch your precious things- it really would not be worth losing thier job over or their business. They are just trying to get a job done and you are just being a right royal rascal.

DVardysShadow

Usual advice is to state the hard line [quiet enjoyment => No Viewings] and then offer certain times for viewings with you in attendance. Sometimes Agents then tend to take the mick and do unattended viewings, at which point you change the locks [keeping the old cylinders to put back]

Ditch_Crawler

amiamad1 wrote: »

I posted here a few weeks ago, requesting advice about the inept letting agents giving us notice to leave (wrongly) because they don't acknowledge a Statutory Periodic Tenancy.

I managed to sort that to suit us, and now we will be moving out on 22nd June.

The letting agent has just text me, saying they have arranged a viewing for Tuesday. I am not happy about allowing viewings while all our belongings are in the flat, so I phoned to tell them I was refusing the viewing, and would not be happy about allowing viewings at all (I mentioned the relevant clause in the tenancy agreement about "quiet enjoyment").

She was clearly not happy with this, and has asked me to put it in writing and said that according to a different clause I have to allow viewings, I just said I'm allowed to refuse them, just because you inform me doesn't mean I need to grant you entry.

Am I right here? Does the quiet enjoyment clause overwrite the other clause saying I need to allow viewings during the last 2 months of the tenancy?

What do I need to include in my letter refusing viewings?

Just today, I signed a tenancy agreement for a flat. Although it has clauses about quiet enjoyment etc, it also requires me to allow viewings by prospective replacement tenants during the final weeks of my tenancy.

DC

DVardysShadow

tabskitten wrote: »

If they do the viewings at a time when you are there to 'protect' your belongings what on earth is your problem?!?

It just looks like you are being difficult and giving everyone else who is just trying to do thier job a hard time!

The EA is not going to touch your precious things- it really would not be worth losing thier job over or their business. They are just trying to get a job done and you are just being a right royal rascal.

LL's and LA's don't have rights here. Any viewings that the T allows are out of good will. If they don't have to give a viewing, it is quite OTT to call them a right royal rascal for inssiting on their rights.

sugarstar

I don't feel obliged to co-operate with them at all, as they have served us notice for no reason what so ever (we wanted to remain on our current periodic tenancy - they wanted their renewal fees)
Had I given notice, I would be more than willing to allow the viewings.

They weren't interested in arranging viewings at a time convenient to me

I am considering saying that i will allow viewings in the final week of the tenancy, and possibly say on a saturday afternoon (in the view of a compromise).
I am a final year uni student, with more than enough things to worry about in the final few weeks of my course, my exams don't finish until the 16th June.

pinkshoes

You do NOT have to allow the viewing, regardless of what silly clause they've added, as legally they're only allowed access in an emergency.

Put this in writing, but say that as you understand that they need to show prospective tenants round, you will allow them viewing sessions on Tuesday at 7pm - 9pm, and Saturday 9am - 11am. (or whatever 2 sessions suit you).

Imp

Reminds me of a time I agreed to a viewing at the end of a tenancy. I didn't want people in my house, so I took the morning off work. Turned out the EA had book two set of people at the same time, and suggested one lot look upstairs while the other looked downstairs.

It made it very difficult keeping an eye on the viewers to make sure they didn't pocket anything.

princeofpounds

Am I right here?

Yes

Does the quiet enjoyment clause overwrite the other clause saying I need to allow viewings during the last 2 months of the tenancy?

Yes. Quiet enjoyment is laid out in statute (and interpreted through well-established legal precedent). You cannot contract to surrender your statutory rights, so the clause where you have agreed to viewings is unenforceable. It basically counts as standing permission unless you revoke it, which you have.

What do I need to include in my letter refusing viewings?

As little as possible. Just tell them that under your right to quiet enjoyment you are refusing access for viewings until the conclusion of your tenancy.

Of course it's good form to facilitate some time for viewings, but it's up to you.

lizzielondon

Ditch_Crawler wrote: »

Just today, I signed a tenancy agreement for a flat. Although it has clauses about quiet enjoyment etc, it also requires me to allow viewings by prospective replacement tenants during the final weeks of my tenancy.

DC

all tenancy agreements tend to state that- it's very nice and polite to do so, but you absolutely do not have to- regardless of what it says in the agreement

tabskitten

DVardysShadow wrote: »

LL's and LA's don't have rights here. Any viewings that the T allows are out of good will. If they don't have to give a viewing, it is quite OTT to call them a right royal rascal for inssiting on their rights.

Thats my problem, it seems all people are ever interested in is their own ''rights'' , whatever happened to just helping make someone elses life easier.