How to politely refuse viewings?

dizziblonde

valten wrote: »

Arranging a move is stressful enough without having to make sure my place is tidy all the time!

I told the letting agents when we were moving out that they were fine to do viewings with notice (since the numpties had lost the labelled set of keys they had they were kind of stuck with needing us on-side anyway), but that the house was in a "take it as you find it-we're mid-move down the street" state and that, while it would be in impeccable condition for property checkout day - it was likely to not be looking at its best with us mid-move (we moved over the course of about a month with how the house completion date on our purchase ended up falling and combining with rent dates for notice on the tenancy).

They were fine with that - deposit returned in the post the same day as checkout inspection in full so we mustn't have piddled anyone off TOO much! I also told them that the carpets looked a mess (cream carpets after a 2+ year tenancy so just looked a bit in need of the deep clean they were going to get) but that we weren't getting the cleaners in till the day before checkout because I was damned if I was paying for professional cleaning while people were in and out viewing the place with muddy snowy shoes and getting them dirty again... again - there was no issue with this. Ultimately - long as the property's handed back in the same nick it was handed over in - what goes on inbetween is tough banana really and I certainly wasn't going to get obsessive about showhome condition mid-housemove.

But that part really wasn't the problem I anticipated it would be - like
I say though, despite us delivering a new key to them when the landlord's repair man had changed our front door lock because it was broken, and despite them having a full set of keys prior to this anyway - they still managed to lose all their door keys and were relying on us being there to let them in for viewings anyway so we kind of had them slightly by the proverbials.

N79

mchale wrote: »

You could try, but AFAIK the is no legal precedent for "quiet enjoyment" its a opinion in legal terms (I hope some one can point to a court case defining it) and dare I say much banded about on this and other LL/Tenant forums.


"as he ducks below the parapet's now" :rotfl:

Indeed it is time to duck. I'm afraid the comment that there is no legal precedent is very very laughable!

mchale wrote: »

Thanks for that, but it still doesn't clarify the legal definition, the comments would appear to be her opinion,

and the point raised "So if you keep going into your tenants property, without their permission, that is unlawful" over what time frame does that refer to, ie once every week or once every 6 months, its biased on opinion, no one seems to be able to give reference to a court case where "quiet enjoyment" has been defined

The right is ancient and dates from the late medieval period. For some definitions that are a little more modern you can try:

Dennett v. Atherton (1872) L.R. 7 Q.B. 316;
Jenkins v. Jackson (1888) 40 Ch. D. 71;
Hudson v. Cripps [1896] 1 Ch. 265

and you could also try the very, very important

Sanderson v. Berwick-upon-Tweed Corporation (1884) 13 Q.B.D. 547, 551

which clarified that the right applied even when matters of title were not in dispute - only ordinary usage.

You will need access to a good law library if you want to read these case reports - in a University library they will probably be reasonable accessible as they will get annual usage. In the country records library they will probably be lost in the dusty basement archive so you would be advised to contact the library and request the reports in advance.

property.advert

I set up viewings for a Saturday as I required that I be present. I have seen agents just let all and sundry in and you can't hide everything away permanently.

In any case, most decent contracts require that the tenant allow the LL to show the flat during the last month of the tenancy. If my tenant messed me around, I'd screw them on the deposit as well.

h63298

Please spare a thought for the poor landlords. Not all landlords are rich and making lots of money out of their rentals. I for one am making large losses. The only reason I rent my property is so I could buy a house and my flat is in negative equity. Therefore this is rented. I cannot afford for their to be no rent on my property. In addition, I have been really understanding and kept my current tenants rent low so this was affordable for them, ( i could rent for much more). Now they have given me notice and I want to get tenants in to view (with well respected managing agents accompanying them) so that I do not have a void period. I think this is quite reasonable and have said I would never just let ourselves in and that all viewings would be agreed with them in advance. I think it is totally unreasonable to think that as your a tenant you can stay in a property and just decide you dont want to let viewings in to be akward! Think about it for one minute and think how you would like it if it was the other way around. REmember most peopel have one months notice so leaving viewings to the last minute could mean am empty flat for a month if not longer plus in most cases the fees involved are the same as a months rent if not more. So I would be two months short on rent. People have families to support as well here and the law is far too much in the tenants favour!!! Be nice people! Esp if your landlords have been helpful throughout your tenancy!

tamarto

That really isn't a tenants problem, you didn't have to buy a house you could have stayed where you were. Ts are paying for a home, if they don't want strangers in it that is their right, no being awkward about it.

N79

h63298 wrote: »

I think it is totally unreasonable to think that as your a tenant you can stay in a property and just decide you dont want to let viewings in to be akward!

You might think this is unreasonable but English law says that it is very reasonable and if you, as a LL interfere, you are a criminal and society may protect itself against you by sending you to goal.

h63298 wrote: »

Think about it for one minute and think how you would like it if it was the other way around. REmember most peopel have one months notice so leaving viewings to the last minute could mean am empty flat for a month if not longer plus in most cases the fees involved are the same as a months rent if not more. So I would be two months short on rent.

Your lack of a viable business plan is not the Ts concern. All LLs should expect voids - they are part of the business.

h63298 wrote: »

People have families to support as well here and the law is far too much in the tenants favour!!!

This comment from amateur LLs always makes me laugh. England has the most LL favouring laws of any western jurisdiction. English Ts have the worst terms imposed on them than anywhere else in the "civilised" world.

h63298 wrote: »

Be nice people! Esp if your landlords have been helpful throughout your tenancy!

While most posters here agree that negotiation is the key, why does this have to be a one way street. Perhaps LL's should pay the T for each viewing or reduce the rent to reflect the inconvenience caused? Or perhaps the LL could offer some other inducement to persuade Ts to co-operation.

No - Ts are just expected to put up with whatever is convenient for their LL without anything in return. This is the attitude that annoys Ts.

Eton_Rifle

N79 wrote: »

England has the most LL favouring laws of any western jurisdiction. English Ts have the worst terms imposed on them than anywhere else in the "civilised" world.

This tenant in the US can absolutely assure you that isn't true when it comes to tenant privacy.
British tenants are actually over-protected in this area and the balance is tipped very much in the tenant's favour!

sequence

He said civilised, the US doesn't count

Eton_Rifle

Yeah, you've got a point there! :rotfl:

hieronymus

Are you absolutely certain the lease does not give the LL the right to arrange viewings in the final month? I bet it does - in which case the right to quiet enjoyment is overridden and of no effect in this specific respect.

Also bear in mind that you risk a lot more than a lost deposit and no references; if you wrongfully prevent the LL from introducing potential tenants he has an ongoing claim against you for lost rent for every month while the property is empty because of your breach of contract.