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Allowing letting agency around for viewings

Hi

Our contract is 9 months in length, spanning from 01.12.10 to 31.08.11. I received an email today saying our letting agency wants to show prospective new tenants around tomorrow. We like the house, and might want to extend our tenancy a further year. However we don't know after just one month. In the AST it says:

"3. The tenant agrees with the Landlord

...(lots of stuff here)...

3.29 Within the last two months of the tenancy to permit the Landlord or any person authorised by the Landlord at reasonable hours in the daytime to enter and view the property with prospective tenants or purchasers"

That sounds very standard and I've seen it online in other example ASTs. However later on in the contract tacked in is this (all grammar etc copied exactly as is):

"South Wales Lettings requires access for viewing purposes from 1st January 2011 . 24 hours notice will always be given. The flat/house must be shown to the new tenants (IN A CLEAN CONDITION)"

This contradicts the first bit. Are we allowed to say "no" to potential viewings until the last two months of our tenancy? We like the house but we can't rush into signing another year long contract 8 months in advance. This seems ludicrous anyway. Why would anyone want to sign that far ahead?

Thanks,

Ed
«1345

Comments

  • RAS
    RAS Posts: 36,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You are not legally required to let them show people round at any point during the tenancy, whatever is in the contract. it is called quiet enjoyment. It would probably be regarded as an unfair condition if it went to court.

    Just do not expect to get a renewed tenancy agreement.
    If you've have not made a mistake, you've made nothing
  • adg1
    adg1 Posts: 670 Forumite
    edwardmluk wrote: »
    3.29 Within the last two months of the tenancy to permit the Landlord or any person authorised by the Landlord at reasonable hours in the daytime to enter and view the property with prospective tenants or purchasers"

    Thats normal. But you are only 1 month in to your contract.
    edwardmluk wrote: »
    "South Wales Lettings requires access for viewing purposes from 1st January 2011 . 24 hours notice will always be given. The flat/house must be shown to the new tenants (IN A CLEAN CONDITION)"

    For what reason? Is it for a sales viewing or something? Slightly premature looking 8 months before you need to move out. You need to talk to the agent - maybe they are under the impression you want out? No normal tenant (students aside) would look this far in advance.

    Are you in a student town? 8 months takes you to student new term move in dates.
    edwardmluk wrote: »
    This contradicts the first bit. Are we allowed to say "no" to potential viewings until the last two months of our tenancy?

    Yes you are within your rights to refuse the viewing. Indeedd until the end of the Tenancy so that would form the start of my phone call to the agent.

    Wild stab in the dark its a viewing for students though to move when their next year starts.
  • edwardmluk
    edwardmluk Posts: 196 Forumite
    Yeah they're trying to show students around. But its not a student part of town. Our neighbours initially had issues with us as they thought we might be students. Also the agency has said that the landlord has really high standards, so they clearly wouldn't want students livings here. They just keep contradicting themselves. We've had a lot of issues with our agency, I just wanted to ensure that we are allowed to say no.

    What would happen if they got annoyed with us about that? What about if this went to court?

    They already want to disrupt our "quiet enjoyment" of the tenancy by having monthly inspections, which I'm trying to barter down to 3-monthly inspections.
  • RAS
    RAS Posts: 36,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edwardmluk wrote: »
    Yeah they're trying to show students around. But its not a student part of town. Our neighbours initially had issues with us as they thought we might be students. Also the agency has said that the landlord has really high standards, so they clearly wouldn't want students livings here. They just keep contradicting themselves. We've had a lot of issues with our agency, I just wanted to ensure that we are allowed to say no.

    What would happen if they got annoyed with us about that? What about if this went to court?

    They already want to disrupt our "quiet enjoyment" of the tenancy by having monthly inspections, which I'm trying to barter down to 3-monthly inspections.

    Oooh. I can see some of our resident landlords giving your agent stick on this.

    They are not allowed to inspect the property except for proper purposes, like repairs. If you are only there 9 months, then they can do an inspection at the end of the tenancy and that is it.

    Unless you happen to have problems and need a new gas certificate.
    If you've have not made a mistake, you've made nothing
  • edwardmluk
    edwardmluk Posts: 196 Forumite
    RAS wrote: »
    They are not allowed to inspect the property except for proper purposes, like repairs. If you are only there 9 months, then they can do an inspection at the end of the tenancy and that is it.

    Unless you happen to have problems and need a new gas certificate.
    Can you tell me what laws back this up? It would be nice to say no to all inspections as well as these viewings.

    Thanks for your help.
  • adg1
    adg1 Posts: 670 Forumite
    edwardmluk wrote: »
    Yeah they're trying to show students around.

    Makes sense.
    edwardmluk wrote: »
    But its not a student part of town. Our neighbours initially had issues with us as they thought we might be students. Also the agency has said that the landlord has really high standards, so they clearly wouldn't want students livings here.

    Why not? I lived in a lovely house when I was at uni, well kept, with no neighbourly issues for 2 years. The neighbours can't do anything about the tenant type anyway.
    edwardmluk wrote: »
    What would happen if they got annoyed with us about that? What about if this went to court?

    You're getting wayyyyyy ahead of yourself. It won't end up in court.
    edwardmluk wrote: »
    They already want to disrupt our "quiet enjoyment" of the tenancy by having monthly inspections, which I'm trying to barter down to 3-monthly inspections.

    Thats a bit overbearing. They can only inspect for tangible reasons, not to just check up on you.
  • F_T_Buyer
    F_T_Buyer Posts: 1,139 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just write back and say as you've just moved in you don't want viewings as you still have 8months left on your tenancy. You could be helpful and say yes, but that also means you can't extend the contract in September.

    You can refuse this if you want.
  • Geenie
    Geenie Posts: 1,213 Forumite
    What a cheek! Only one month into an AST and wanting to show other people around!!! Sounds like harrassment to me, and I am a LL. I have never heard of such a thing so soon. Hardly endearing the tenants and promoting good relations. Nearing the end of a tenancy may be reasonable, but this is a first on me.

    If the AST states viewings in the last 2 months, then that is what it should be, and remind the agent of what the contract states. It sounds like you are better off leaving after the 9 months, as this is clearly not a good let and you are unlikely to get a good service. Good luck OP. :)


    "Life is difficult. Life is a series of problems. What makes life difficult is that the process of confronting and solving problems is a painful one." M Scott Peck. The Road Less Travelled.
  • Well it's right there in your contract.. Can't blame them for wanting to get students signed up soon as poss.

    In fact I just googled south wales lettings and the first thing that came up was student lettings, is this the company?!
  • edwardmluk
    edwardmluk Posts: 196 Forumite
    Well we met up with him last night. He made claims that he is allowed access to the property without our permission. Is it rude to bypass him and contact the landlord directly?
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