We have moved but letting agents want keys before tenancy is up

2bFrank

Hello,
We have just bought a house, and have moved in over the weekend. We went back to the flat we were renting yesterday to deep clean it and allow some viewing for the letting agents. However after the viewings the letting agents asked if they could have a set of keys.
Due to the notice period, our tenancy is not up for another month, although we have already moved out. The letting Agents keep asking for a key so that they can arrange viewing in the day (me and my partner both work full time, so can only come for viewing evening and weekends). My concern is giving a set of keys to the letting agents and some damage occurs, this would mean that we are liable. Also I am a bit miffed that we have paid the rent for another month, yet having to go round during our spare time to arrange viewings.
My questions are,
1) Would you give the letting agents a key to the flat? What problems can you foresee?
2) Do we even have to allow for viewing? I was under the impression that we was allowed to have quiet peace of the property.
Our hope was that if we allowed for viewings, they may want to move in earlier and we could get a refund on some of the rent, however this does not seem to be the case.
Thanks for your help.

auroan

Tell them they can have the keys, but only if they do the final checkout first. That way you are covered.

chirpchirp

If they want the keys back, then tell them you want your rent back. If you were still living in the property they wouldn't be asking for the keys back and they would still have the same problems in showing people around.

Scho

2bFrank wrote: »

1) Would you give the letting agents a key to the flat? What problems can you foresee?
2) Do we even have to allow for viewing? I was under the impression that we was allowed to have quiet peace of the property.

First thing, check out the Shelter website. It's a great resource for yours and the landlord's rights (and their agents!). I'd link it but I'm at work and trying to be quick!

1) The issue with letting people in without you being present is that you never know when they will be there, what damage could be caused and what mess. The mess factor is a big thing when moving out as people stress about their deposits so their agent mucking it up isn't a nice thing. I did the exact same thing on my last place.

2) You're spot on. You don't have to let anyone into the property while you're there as you're responsible for it. However, most agents will bully you to get in (though I'm open to exceptions I'm yet to find a good agent who hasn't been like this apart from those that don't actually manage!) and some landlords will as well. They can be reminded that if they hassle you constantly then this can be considered harassment.

It's up to you how you approach this but I personally wouldn't let them in without being there. If you suspect that they'll play silly !!!!!!s then change the lock barrel just incase they get keys off the landlord - as long as it's changed back before you do the checkout then they'll never know. If they find out, it's catch 22, they tried to get access without your permission. Shelter's website has something on allowing you to do this under specific conditions too. I did this with my last flat and the agents were none the wiser or were clever enough to realise not to say anything.
If they try and play the 'it's in your contract' card, then remind them that UK law says otherwise and this over-rides anything in a contract with this at least. It might be wise to offer a couple of days near the end of the tenency when you'd be able to pop down and maybe do a few viewings to help smooth things etc but even so you're doing their job so I'd personally be reluctant.

Some of the more experienced members may highlight anything regarding the short cancellation of the contract etc. I'm not sure on this.

Good luck!

2bFrank

Thanks for the replies. The letting agent will not do the inventory until the tenency ends. Because of this, I dont think I will hand over the keys and also I will put a stop to the viewings. Dont fancy driving 10 miles to keep doing viewings with them.

may_fair

2bFrank wrote: »

2) Do we even have to allow for viewing? I was under the impression that we was allowed to have quiet peace of the property.

I am not sure that the covenant of quiet enjoyment could be breached when you are no longer living in the property.

Have you informed the LL that you've moved out, as you may otherwise be in breach of contract by leaving the property unoccupied?

Does the contract say that you must allow viewings in the final month of the tenancy? If so, then if you refuse access for viewings the LL may have a claim against you for any consequent losses.

Yorkie1

If the tenant is legaly entitled to quiet enjoyment, and the LL is not entitled to enter without a court agreement, then what entitlement has the LL to consequential losses in the absence of obtaining a court order? Otherwise the T is simply being penalised for asserting a legal right.

may_fair

Yorkie1 wrote: »

If the tenant is legaly entitled to quiet enjoyment, and the LL is not entitled to enter without a court agreement, then what entitlement has the LL to consequential losses in the absence of obtaining a court order?

The fact that LL would be advised to obtain a court order to enforce access if the T expressly refused or prevented access is beside the point.

If the contract says that LL has a right of access for viewings, then the LL has a right of access full stop - just as the T has a common law right to quiet enjoyment. Each party has competing rights, in a sense, but both are equally valid.

If the T refused access he'd be in breach and if the breach caused the LL to suffer a loss then arguably he'd have a claim against the T for that loss. Preventing viewings could well result in delays in finding a new tenant and thus a loss of rent - perhaps hard to prove an exact loss but I think LL'd have a fair chance of an award of some kind if T had refused all viewings over an extended period.

Otherwise the T is simply being penalised for asserting a legal right.

In this scenario, where T has moved out, he's on far weaker ground in terms of asserting his right to quiet enjoyment. In any case, it's a question of degree and of reasonableness: if T were resident and LL were insisting on 10 viewings per day then that would arguably comprise a breach of quiet enjoyment, whereas a two hour window for viewings per week most probably wouldn't.

KateLiana27

Tell the letting agency they can either

1. end your tenancy now, do a final inventory and refund your remaining rent and have the keys

or

2. stop all further viewings until your tenancy ends.

They can't have their cake and eat it too. Personally I wouldn't want large numbers of people traipsing around in their inevitably muddy shoes on a carpet I was still liable for. And I certainly wouldn't be spending any of my spare time facilitating viewings.

As long as you're still paying rent on a property, it's yours to quietly enjoy. Who's to say you aren't driving there every day to sit and meditate in the front room? You could if you wanted to and it's none of your business whether you do or not. The fact that you have another place is irrelevant to your right to quiet enjoyment of a property you are still paying for.

Naf

1) You're not obliged to give the keys up, but bear in mind there's nothing stopping them getting a set from the LL. Change the barrel and leave it in the catch 22 state.
2) They're entitled to show people round, but they must agree times with you. Although your contract will likely have a clause about not leaving the property vacant for longer than 'x' period of time, the only way they would find this out is by breaching your privacy and entering without your consent. The LL (or their agent) never has right to enter on a whim; they need to agree with you or get a court order. Your contract may say you must allow viewings, but it can't say that these viewings can just be any time they want. Unless they can show that you do not have a valid reason to refuse the viewing (i.e. you could have allowed them in but just decided not to bother) then there's little/nothing they can do.

As far as early checkout goes, technically that flat is yours until the end of the tenancy agreement, if they re-lease it before then without refunding your money they are selling something that is not theirs to sell. All you need to do is refuse to do a final checkout without having a refund (or at least confirmation of the refund and date in writing), and refuse to give them the keys without checking out.

sharpee

Have you checked your contract about leaving the property empty? The majority of Tenancy Contracts will state you must inform the LL if you intend the leave the property empty for more than 14 days. This is due to a clause in their insurance.