Tenants rights when ending a lease

benqld

Hello

i just gave my 2 months notice to end my tennancy, so the landlord will most likely be bringing future tenants though to take over when our lease ends.

What rules and regulations should I know about in this situation, ie how much notice must he give etc ?

Thanks

Ben

sequence

Firstly, tenants NEVER need two give to months notice, you have been scammed. You have the right to quiet enjoyment of your home, that means you get absolute control over whether anyone views or not, regardless of what any contract says. You can try an make some compromise and allowing viewings, or just point blank refuse them. Depends whether you like your landlord or not.....

benqld

I had to give 2 months notice as I have a 6 month break clause, ie its a 12 month lease, but after 6 months I can give 2 months notice to leave.

Ben

RobertoMoir

It's really quite simple.

As the tenant you have the right to peaceful enjoyment of the property until the day you leave.

This means that the LL, their agents and their guests can only visit IF it is convenient for you and WHEN it is convenient for you. End of. I believe it's a "common law" principle, which makes it slightly difficult to point you to an act of parliament that lays it out nicely.

http://www.uk-landlord.co.uk/Tenants_Rights/

clutton_2

there certainly is statute to to allow a LL into a property to inspect : -

""the Protection From Eviction Act 1977 http://www.letlink.co.uk/letting-statutes/statutes/protection-from-...

Relevant section;

(3A) Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if -

(a) he does act likely to interfere with the peace or comfort of the residential occupier or members of his household, or

(b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,

and (in either case) he knows, or has reasonable cause to believe, that the conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.

(3B) A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. ""




3B above is clear - if the LL's behaviour is reasonable there is no offence. Therefore by extension, applying s 11(6), conducting an inspection that the law mandates as necessary is reasonable.

I am very sure that no court in the land will uphold a case for a tenant who refuses access to inspect.

A solicitor i have had dealings with dealt with a client (tenant) who was brain damaged due to carbon monoxide (severely). That Landlord failed to inspect citing all the above issues. The court was clear. The duty to inspect is on the landlord and the law makes provisions for this to be done (s11(6)). There is no defence. The landlord lost everything.

So, LLs can make an appointment to inspect and can let themselves in if the tenant refuses as long as the visit is in furtherance of Reasonable reasons in order to comply with LLs repairing obligations....

princeofpounds

tenants DO have to give notice on occasion. If there is a break clause during a fixed term, or if they are on a statutory periodic tenancy. It is not always 2 months. The former depends on the contract and the latter is 1 month's rental period.

But at the end of a fixed term no notice is required no matter what the contract says. It's polite to give it though, and polite to allow some viewings if the LL treated you well.

RobertoMoir

Inspection / coping with an emergency issue is a little different from showing random people around, is it not?

sequence

Yeah I overlooked break clauses when I said tenants never have to give 2 months, sorry!. Still stands apart from that.

clutton_2

""Inspection / coping with an emergency issue is a little different from showing random people around, is it not? ""

yes it is robert.. but i have seen on here several times that tenants think they can refuse a landlord access for repairs as their right to "quiet enjoyment" takes precedence... i had always thought it a grey area myself, but, this quote i found (and knowing the person very well) has made me reconsider....

MissMoneypenny

clutton wrote: »

yes it is robert.. but i have seen on here several times that tenants think they can refuse a landlord access for repairs as their right to "quiet enjoyment" takes precedence... i had always thought it a grey area myself, but, this quote i found (and knowing the person very well) has made me reconsider....

The OP was asking about his rights with a landlord showing new tenants around, not about repairs.

benqld, if your landlord has been a good landlord you can always help him out by giving him some times when you be willing to let him show new tenants around i.e. 2 - 5 on a Saturday. He will have to give you 24 hours notice in writing though.As others have said, you do not have to let him show prospective tenants around, nor does the landlord or letting agency have the right to let themselves in to show people around.

Perhaps you could put that all in writing to the LL and LA, to avoid any confusion?

tbs624

clutton wrote: »

....I am very sure that no court in the land will uphold a case for a tenant who refuses access to inspect.

A solicitor i have had dealings with dealt with a client (tenant) who was brain damaged due to carbon monoxide (severely). That Landlord failed to inspect citing all the above issues. The court was clear. The duty to inspect is on the landlord and the law makes provisions for this to be done (s11(6)). There is no defence. The landlord lost everything.

So, LLs can make an appointment to inspect and can let themselves in if the tenant refuses as long as the visit is in furtherance of Reasonable reasons in order to comply with LLs repairing obligations....

clutton wrote: »

""Inspection / coping with an emergency issue is a little different from showing random people around, is it not? ""

yes it is robert.. but i have seen on here several times that tenants think they can refuse a landlord access for repairs as their right to "quiet enjoyment" takes precedence... i had always thought it a grey area myself, but, this quote i found (and knowing the person very well) has made me reconsider....

As RobertoMoir has said, we’re going OT here, but Clutton - its not only a case of “ I have seen on here several times” - a great number of those posts have been your very own which didn’t seem to indicate that you viewed it as a a grey area.

I have posted before that many will hold on to the Ts “rights” under the implied covenant allowing quiet enjoyment whilst seeking to ignore the LLs “rights” under the implied covenant described in the LL & T Act 1985, s11(6). That said, if a T is refusing access then a LL would be wise to use a court order because this is one of the scenarios in which the LL can be damned either way. Some LLs ( and especially muppet LAs) do attempt to use the right to “inspections” in a way that was never intended under the law, but on the other hand some Ts go out of their way to be confrontational over the issue and, in doing so, place themselves potentially at risk.

In the “hearsay” case that you quote I would have thought that, in those circumstances, had the LL kept a good record not only of his own attempts to inspect but also the Ts related refusals, plus shown that he had sought a subsequent court order then the LL could have covered himself? If on the other hand, he sought access, was knocked back and simply though “oh, well….”, then clearly sanctions should be applied, particularly when there was apparently such a catastrophic result for the T's wellbeing

LLs need to safeguard themselves not only from being charged with neglecting their LL obligations but also with being charged with tenant harassment, particularly if there have been other difficulties between LL & T ( as is often the case).