Allowing letting agency around for viewings

princeofpounds

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?

He is wrong. You have the well-established right in common law to quiet enjoyment of the property, and that includes choosing who gets to enter your home (subject to other laws that allow people like police, court bailiffs etc access)

Any permission you might have agreed to in your contract is unenforceable, as a contract cannot override law. They are what are called unenforceable clauses. They can act as standing permission unless you actively withdraw them however.

If the LA or LL does come in uninvited there is no offence however, unless they cause you loss or damage as a result. So you should take practical steps to enforce your rights like changing the lock barrels (which is cheap and easy unlike changing a lock).

It's not harrassment either, although if they conduct a sustained course of action to disrupt you it could become that.

In the circumstances it is not rude to contact the landlord direct. Make the point that allowing viewings to other parties when you are only one month into your tenancy is hugely disruptive, and that you might well want to continue the tenancy yourselves but that you would prefer to decide that after a short while.

Of course your landlord might be unreasonable, wanting to book up his property as far into the future as he can, but there is no accounting for bad attitudes!

Enfieldian

Tell them they must have made a mistake with the dates.... You are not due to move out for another 8 months.......!

edwardmluk

No he's happy to have very early viewings. I would change the barrels but our contract forbids changing locks. I'll just contract the landlord and see what they say.
Cheers.

ifonlyitwaseasier

how would they know you've changed it unless they try to enter without your permission???

edwardmluk

I think it would encourage unnecessary aggression if we did that and they found out. I don't want conflict, I just want to rent peacefully.

BitterAndTwisted

Then just gently remind them IN WRITING that as you have only been in the property for less than six weeks you will only agree to viewings during a certain time-frame. i.e. not before June or July or whatever suits you and absolutely no unauthorised unaccompanied ones which you haven't given your prior written consent to.

edwardmluk

Weve tried reminding them but they keep mentioning their little rule about january.

F_T_Buyer

I think you just need to write a stern letter quoting the law (like those have said above). Make it very clear you do not want viewings.

Although, it might be easier just to allow the viewing during your presence (again put this is writing). It looks like they won't renew the contract in Sept anyway.

P.s. make it really early as students don't do 'early'.

kmmr

You mean this part:

"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)"

So that means any time from 1 Jan they can request/insist on access to the flat?

I think you need to understand that just because it is in the contract doesn't mean the clause is legal.

I would (unhelpfully) advise that you should have read in advance, but now that you are in this situation, you can let the LA know that they are trying to apply an illegal clause. You have a right to quiet enjoyment, and this clause is an attempt by the LA to override that right.

Same with the clause around not changing the locks, or keeping the place tidy. They can't put these requirements on you legally. And if they find out the locks are changed, then let them know you have contacted the police about the attempted break in.

Probably won't get a contract extension though! Obviously be as polite as you want to be to try and keep everyone onside if you want to keep the place long term.

G_M

Agents who operate like this should not be allowed to get away with it. As a landlord I would be appalled if my agent acted like this He'd be sacked.

Monthly inspections?!!
"allowed access to the property without our permission"
Viewings one month in to a 9 month letting?

You are being harrassed - which is a criminal offence.

You have a right to enjoy living in your home without undue interference (quiet enjoyment).

Change the locks and write to the landlord (yes, put it in WRITING - and address it to the landlord with a copy to the agent). Be reasonable but firm:
1) I am happy to allow viewings towards the end of my tenancy if I am not considering renewing however
2) I am unhappy about having my lifestyle interrupted by viewings at this stage
3) I am happy to allow reasonable inspections, by prior written agreement. I suggest an inspection at the 6 month point would be reasonable. Please write to me at that time to arrange.
4) Kindly advise your agent that visits that have not been agreed with me in writing, other than in an emergency, are both illegal and unacceptable. Your agent has threatened me with such visits which I will not permit.
5) I do not wish to appear unreasonable, but feel intimidatd by your agent and unable to enjoy living quietly in my own home.