right to access in notice period

Twinmummy_3

Hi all just looking for some advice.
We have given our notice to leave our rented property and have a few weeks left, I have recieved a letter today from the letting agent stating that they have a viewing booked for friday and 2 for saturday, I had agreed by phone to them being allowed to have some viewings on saturday but friday has never been mentioned until this letter.
I phoned and told them that we didnt agree to the friday viewing and he started giving me grief that the people have been waiting to view for 2 weeks and are unable to do a saturday, I said that was my problem and that friday wasnt posssible.
He started stating that it is in the contract that we must allow viewings in the notice period and getting arsey with me.
I told him that I had rights to quiet enjoyment but he reckons the clause trumps that is that true?

Recently the landlord has turned up on 3 occassions to do work on the outside of the property with no prior warning or seeking permission and we allowed him to do the work until the 3rd time when we said enough is enough so if anything it is the other side that has broken the agreement.

LA is apparently gonna try and rebook the viewings for friday (but isnt happy!) and is gonna ring me back where do I stand and can I refuse them entry if they do turn up?

TIA

BitterAndTwisted

You have the right to refuse access if that's what you want, regardless of what the agent thinks or says. How you disabuse the agent of their false belief is another question entirely. Although I don't understand why you refused to let the landlord do work on the OUTSIDE of the property as that could not have infringed on your right to quiet enjoyment as far as I can see unless he was there with a jackhammer at 5am.

Twinmummy_3

Thanks bitterandtwisted we said he couldnt carry on doing the outside work as he was just turning up whenever he felt like it with no prior warning and wasnt even ringing the bell when he got here so I would go out to peg the washing out and he was painting the shed for example! therefore I didnt have quiet enjoyment and it was becoming everyday that he was turning up.

If I am allowing them access on a saturday for viewings does that mean I am complying with reasonable access for viewings or can they request more?

RAS

They can have what you offer them. You are under no legal duty to allow any access at all. The clause in the contract is trumped by the law, and the general view is that such clauses are unenforceable.

DVardysShadow

Twinmummy wrote: »

... LA is apparently gonna try and rebook the viewings for friday (but isnt happy!) and is gonna ring me back where do I stand and can I refuse them entry if they do turn up?

TIA

If they do turn up, let them in with a sweet smile, turn to the tenants and say "this viewing is being done without my consent and the Agent knows full well, that I only agreed to Saturday. So think twice about going with any property managed by these people, because they will not respect your right to quiet enjoyment".

jjlandlord

RAS wrote: »

You are under no legal duty to allow any access at all. The clause in the contract is trumped by the law, and the general view is that such clauses are unenforceable.

That'd be for a court to decide whether the clause is void. In principle I think there is nothing unenforceable in agreeing to allow reasonable visits.

Best for T to show he is reasonable by allowing viewings during certain times (e.g. one day a week).
Then, if agent/LL are not reasonable T can withdraw his permission.

keepsaving!

Hi Twinmummy,

We're in a similar situation, the agent looking for a new tenant for the flat we're leaving in a month keeps just leaving me voicemails and text messages to "inform" me about viewings! I tend to let it go when the timing doesn't affect us (if we're both at work) but have just said no when it would, such as early on a Saturday morning when we wanted to have a lie in after a busy week at work! Don't be worried about saying a time is inconvenient but maybe help by giving any other alternatives when you might be out? Is there's anything in the contract you signed about viewings for future tenants? Ours states we only have to allow access with 24 hours written notice and at reasonable times of the day, although I guess 'reasonable' would be for a court to decide if it came down to it!

G_M

There is analysis of the law here. Basically:

1) The LL has a contractual right of entry
2) You have an implied right to quiet enjoyment.
3) these two rights conflict, and in each case only a court can decide which is the greater right.

Solution (other than negotiated agreement which is best!):

Change the locks and thereby deny all access except when you decide.

The landlord/agent's only possible responses are to either:

1) go along with your decision or
2) take you to court, which will
a) take time - you'll have moved out!
b) cost money
c) be unpredictable - he might well lose (esp if you show you were initially reasonable and offered Saturdays etc)

Changing a lock barrel is quick, easy and cheap (£5?). See here for how. KEEP the old barrel and replace it when you leave.

gitw

I used to be an property manager and as far as I am aware the law allows the landlord reasonable access to the property to carry out repairs and also to show the property to potential tenants when the notice period is in force (and this is usally a specific clause in the contract which you signed).

A court can decide what is reasonable access and most would agree that the Landlord showing his property to prospective tenants when notice has been given is a reasonable reason to want access but what each person thinks is reasonable is another matter. Would you prefer he made evening appointments when you have come home from work and started relaxing? Or during the day when you are up and about, and possibly out?

In theory we used to send a letter to the tenant giving 24hrs notice that we would be entering the property. In reality we knew which tenants would be happy for us to show the property in their absence and at relatively short notice and those that would only allow us in when it was convenient for them - we would try and work with them but sometimes it is just not possible due to other peoples calenders.

With regards to the repairs, the Landlord should have given you notice, unless it was considered essential works and then they can enter the property with or without your permission.

The only word of warning I could give is that if your Landlord is approached for a reference, which he should be, then he can quite legitimatly say that you obstructed him from showing the property to potential tenants and this would not be favourable to another agent or Landlord.

Unfortuantly you are just going to have to stand your ground if you are really not happy for them to do viewings. I trust your deposit is held in a TDS?

gitw

Changing the locks to the property is also illegal though and I would not suggest you do that for one second. you need the Landlords permission and if you do not have it then you will be in breach of your contract and the Landlord will be able to take you to court if he so wishes. Courts do not take as long to deal with breaches nowadays.

Even without the court option he could also ask the TDS scheme to deduct an amount from your deposit to enable the landlord to pay for the locks to be reinstated and new keys to be issused.... Or he could 'create' a reason why he needs access to the property and then charge you for an emergency lock smith to be called out and deduct that from your deposit. Landlords can be slippery suckers especially if their tenant is playing games with them....

G_M wrote: »

There is analysis of the law here. Basically:

1) The LL has a contractual right of entry
2) You have an implied right to quiet enjoyment.
3) these two rights conflict, and in each case only a court can decide which is the greater right.

Solution (other than negotiated agreement which is best!):

Change the locks and thereby deny all access except when you decide.

The landlord/agent's only possible responses are to either:

1) go along with your decision or
2) take you to court, which will
a) take time - you'll have moved out!
b) cost money
c) be unpredictable - he might well lose (esp if you show you were initially reasonable and offered Saturdays etc)

Changing a lock barrel is quick, easy and cheap (£5?). See here for how. KEEP the old barrel and replace it when you leave.

G_M

gitw wrote: »

Changing the locks to the property is also illegal though and I would not suggest you do that for one second. you need the Landlords permission and if you do not have it then you will be in breach of your contract and the Landlord will be able to take you to court if he so wishes. Courts do not take as long to deal with breaches nowadays.

Even without the court option he could also ask the TDS scheme to deduct an amount from your deposit to enable the landlord to pay for the locks to be reinstated and new keys to be issused.... Or he could 'create' a reason why he needs access to the property and then charge you for an emergency lock smith to be called out and deduct that from your deposit. Landlords can be slippery suckers especially if their tenant is playing games with them....

NOT illegal. It is NOT a criminal offence and to claim it is is simply wrong.

It may be in breach of the contract (you'd have to read the contract to find out), but again,
a) the time required to get a court order to replace the lock would mean you may well be gone and
b) again if you show a court your right to 'quiet enjoyment' has been breached a court would probobly disregard the breach of contract!


If, as I suggested, you keep the original lock barrel and replace it when you leave, no locksith need be called, and no deduction could be made from your deposit.