Refusing Viewings

sugarstar

tabskitten - why would I make someones life easier, when they have been useless throughout the tenancy, and have done their best to make things difficult for us.

Thank you everyone for your advice so far, especially that I should keep the letter brief (I tend to ramble).
I'm inclined to not allow them at all, and realise this would cause them a void, but think i may allow viewings on Saturdays - its the only day when I know I can be available.

<sebb>

There is an interesting (although rather lengthy) discussion of this here

http://www.landlordzone.co.uk/forums/showthread.php?t=26719

The way I've always viewed it was this (although I could be wrong!):

There is usually a clause in the contract stating that the tenant has to permit viewings for new tenants with reasonable notice (usually 24 hours written notice). OFT does not object to this clause provided reasonable notice is given.

I dont believe there is anything to show this clause is unefforcable (although I'm happy to be proven wrong here), and so the tenant is in breach of contract by refusing all viewings point blank for no reason.

However, if the landlord ignores the refusal, and enters anyway, he could be deemed guilty of harrasment. The landlord would need a court order to direct the tenant to fulfill their contractual obligations.

Whether the LL could then sue the tenant for loss of earnings caused by a void, I dont know. It could be difficult to prove.

RedSoleShoes

amiamad1 wrote: »

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

You got your own way so what is the fuss about? They have given you notice and it sounds like you are just trying to be awkward for the sake of it.

You might find yourself a little less stressed if you chilled out more.

Ditch_Crawler

lizzielondon wrote: »

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

This is what I find confusing - I knowingly and willingly signed the tenancy agreement, and all its clauses were included in my agreement - YTF should I expect to be able to say in 5 months time that I have unilaterally decided to change the terms of the agreement which I signed up to only 5 months ago?

RedSoleShoes

The landlord could always exercise their right to inspect the property at any time (giving reasonable notice) and they could continue to do this every week if they need to show people around. What are you going to do then amimad?

DVardysShadow

tabskitten wrote: »

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.

Whatever. This is not "rights", it is rights. Having got that straight, no one is ever a "right royal rascal" for insisting on their rights.

lizzielondon

Ditch_Crawler wrote: »

This is what I find confusing - I knowingly and willingly signed the tenancy agreement, and all its clauses were included in my agreement - YTF should I expect to be able to say in 5 months time that I have unilaterally decided to change the terms of the agreement which I signed up to only 5 months ago?

well.... i'm not a lawyer at all lol but as i understand it contract law is trumped by statute law *almost* all the time- i think there are some instances when not but i'm not sure

the right to quite enjoyment is a statute (apparently- i've read on here that it's actually common law?)

tenants have certain protections and a LL can't get them to sign them away- i mean you could sign agreeing to lots of stuff that still wouldn't be legal :cool:

coper

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.

Couldn't agree more.

Think about it carefully, you generally get what you give in life and if you choose to be inflexible and pedantic, the landlord may choose to be just the same to you when it comes to returning your deposit or providing a reference etc.

vixarooni

Theres gotta be a bit of tit for tat. Youre still a paying customer, the flat is you home. I think alot of people fail to realise that with lettings! We've just moved out of renting and we were getting daily texts requesting viewings, it really got too much. We would try and be there for everyone so it really took alot of our time, and sometimes they wouldnt show and the letting agent wouldnt ring us so in the end we got awkward as!

I would say pick some times that suit you and limit the time too. Im afraid its part of the process, the quicker someone wants it the quicker its all over!

DVardysShadow

tabskitten wrote: »

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.

Oh something I missed. OP has been given notice for wanting the tenancy to go periodic and not letting the LA get renewal fees. Take your argument to the Letting Agent.