Can the lettings management company do this?

elsietanner71

propertyman wrote: »

But good luck getting a reference...

1: Compromise on times and dates
2: Check your tenancy, it is normally the last month.

If they are unreliable on notice buy one of these shed alarms.

http://www.argos.co.uk/static/Product/partNumber/7002788.htm?CMPID=GS001&_$ja=tsid:11527%7Ccc:%7Cprd:7002788%7Ccat:garden+and+diy+%2F+home+security+%2F+home+safety+and+alarms+%2F

Thanks but I'm buying a house and due to complete so upsetting them isn't really an issue for me.

Thanks for all the good advice. I actually asked when I rang what my notice period was and he pretended not to understand even though I said it 3 times. Clearly don't know what they're doing!

propertyman

elsietanner71 wrote: »

Thanks but I'm buying a house and due to complete so upsetting them isn't really an issue for me.

Some lenders do ask about prior rent payments; check with your lender or broker.

In the same way idiots who are upset by an "un-coopertive tenant" may in turn choose to be a little difficult when it comes to releasing the deposit.

To quote Dr Laura " is this the hill you want to die on?"

Yorkie1

As you are leaving at the end of your fixed term, you were under absolutely no obligation to give any notice whatsoever. You could legally have walked out on the last day of your tenancy, handed back the keys that day, and they'd have had no rights to claim. It might be worth reminding them of that when they try to walk all over you in your negotiations about when is convenient for you to give them access at your discretion in the final month.

elsietanner71

Hi guys


Well now the end of my tenancy is a month off I have given the agent 2 afternoons a week to carry out viewings.

The agent has told me they will be showing people around: 1 tomorrow, 2 on Friday and 1 on Saturday. They say they can do this under the terms of my contract. Contract says I have to 'permit then at reasonable business hours in the daytime with reasonable notice to enter the property to conduct viewings.' (Im paraphrasing)

I think that is unreasonable and have said so but now they are being aggressive about it?

Any ideas? I have bought a new house but am decorating so can't live in it yet.

Thanks

Elsx

captainpants

The viewing times seem reasonable but three days in a row is excessive. You could always allow the appointments and be there while the people are viewing and tell them (in front of the estate agent) about the problems you have with the estate agent.

Or I'd do what hazyjo suggested and change the barrel of the lock on the door.

When we were coming to the end of our rental tenancy period, the agent whacked up a great big sign outside even though they had already signed a tenant to move in. Funnily enough, the sign disappeared one night. Don't know what happened to it. Incidentally, our neighbour found some extra wood in our shared backyard for his shed a few days later...

BitterAndTwisted

Did you read the advice previously given? Did you act upon it?

Did you tell the agent IN WRITING what your conditions were for them to carry out viewings? If you didn't DO IT NOW! They cannot let themselves in without requesting permission, they cannot force you to allow anyone into your home without your express permission and you should take all steps necessary to prevent it if you don't want them in.

You are the one in control, despite what they would like you to think and despite whatever screwball clauses they may have written into your tenancy agreement.

Google "quiet enjoyment" if you have a moment or just consult the Shelter website.

Baker89

Elsietanner71,

EVERYTHING B&T has posted above is bang on the money so PLEASE listen to the advice given and all the other advice you've been given.

Although I disagree with the poster who said "Good luck getting a reference" because if the law says you CAN refuse viewings completely so you have complete and utter quiet enjoyment of your home then the agency CAN NOT refuse to give you a good reference.

Also it's worth bearing in mind that A LOT of the clauses agencies put in their contracts are unenforceable and no court would enforce a lot of them.

Keep us informed. Because as B&T has already stated YOU are in control not them. And until you leave/until your tenancy runs out then it's your house!

jjlandlord

Baker89 wrote: »

then the agency CAN NOT refuse to give you a good reference.

There no obligation for a landlord or agent to provide references good or bad.

Quiet enjoyment does not mean that you can unreasonably disregard what was agreed upon in contract.

Baker89

But if they unreasonably gave a bad reference (which seems might be the case for the OP) then surely something can be done about that? Giving a bad reference for exercising your legal right to quiet enjoyment surely isn't standard practice, especially if the rent is paid up to date, or in this case in advance as the OP has already said they've paid it up to date.

Also bearing in mind statute over-rides what is written into contracts, just because you agree in a contract you will let them in etc etc at so and so time, doesn't mean you have to as that would over-rule the legal right to quiet enjoyment, therefore no matter what the contract says (even if signed/agreed to) it's an unenforceable contract term and if the OP chooses not to let them in (which isn't the case) then he would have the right and be fully backed up by the law.

But the OP has agreed and given times so they either accept it or don't. Nor the agency or the landlord can force him to agree to an unenforceable contract term.

jjlandlord

Baker89 wrote: »

But if they unreasonably gave a bad reference (which seems might be the case for the OP)

They don't need to give a bad reference, they can just refuse to give any reference (which will be understood as meaning 'bad' by the landlord/agency seeking it).

Baker89 wrote: »

Also bearing in mind statute over-rides what is written into contracts, just because you agree in a contract you will let them in etc etc at so and so time, doesn't mean you have to as that would over-rule the legal right to quiet enjoyment, therefore no matter what the contract says (even if signed/agreed to) it's an unenforceable contract term

A clause stating that T agrees to visits at reasonable time and with reasonable notice does not breach T's right to quiet enjoyment.
At the same time, an agent/landlord would be wise not to enter the property when T has expressly said that they could not.