End of Tenancy Viewings - Entering WITHOUT my Presence?

Fila_2

I have filed for an end of tenancy (1 months notice) and the letting agency just called me in the morning at 9:30am requesting to do a viewing at noon the same day. I have already left for work and since it was such short notice, I cannot make arrangements to be present. They asked to enter without my presence but I did not feel comfortable with that so I told them a time I will be available tomorrow. They later phoned back and told me they are unhappy that I wouldn't let them in without my presence and told me its stated in the contract that they can enter with the key after 24 hours notice and I believe that's what they will be trying to do in the coming weeks.

I have previously read information about dealing with landlords and I know that 24 hours must be given before they can access the property for repairs but I think it must be in writing? I have been a great tenant that have never been a day late with my payment or received any complaint throughout the last 3.5 years. But I think they are being a bit aggressive at the moment trying to force me to let them into my property unsupervised. I work so I cannot possibly be in my property at any hours that they request. I even suggested that we schedule a few times a week for them to schedule the viewing and I will be home to let them in but they are telling me all they need is 24hr notice to enter with a key.

I would like any advice on my situation. I am not looking for any trouble with them and wanted to help them out with the viewings if possible but I find it a bit unreasonable what they are trying to enforce now. I would like to resolve this matter without any arguments with them if possible.

USM

You don't have to allow them access for viewings at all - the property is your home until the day you move out at the end of your agreement.

The clause in the agreement is unenforceable and is actually covered in the OFT's document regarding unfair contract clauses.

Inform the agent that you have a right to quiet enjoyment of the property until the end of your agreement and any entry without your written consent will be unlawful.

USM

Here is the actual wording which will help:

We would object to a provision giving the landlord an excessive right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants 'exclusive possession' and 'quiet enjoyment' of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant's consent, except for good reason.

bod1467

USM wrote: »

without giving reasonable notice or getting the tenant's consent, except for good reason

What is reasonable? 24 hours?

What is a good reason? Viewings for new tenancy?

Landlord may argue that both apply in this situation.

Meepster

Change the locks.

Problem solved.

fluffnutter

The house selling, renting and buying board might be a good place to post this. They're hot hot hot on tenants' rights on there.

pinkshoes

Personally I'd change the barrell lock on the door so they can't get in, then change it back when you leave at the end of the tenancy. Given they should NEVER let themselves in, then they would never know that you'd changed the locks...

I'd then WRITE to them stating by law, you are entitled to quiet enjoyment of the property, but as a gesture of good will, you will permit viewings on saturdays at 9am - 11am and wednesdays at 6 - 8pm.

Fila_2

USM wrote: »

Here is the actual wording which will help:

Thanks USM. Found more discussions on this issue after googling that paragraph. landlordzone.co.uk have alot of discussion regarding this issue. The consensus is that it has to be a written 24 hours notice and it is only a request to enter. If the Tenant refuse entry, LL cannot enter unless its for an emergency reason. In fact, many have stated tenant can refuse entry all together if there is no emergency.

I do not want to get into any argument with them and I am willing to work with them to schedule viewings. They called this morning and I already allowed them to come the next day. But their insistence of trying to enter the property without supervision is definitely not welcome. I still have close to 4 weeks to go until I move out...sigh

fluffnutter

Fila wrote: »

Thanks USM. Found more discussions on this issue after googling that paragraph. landlordzone.co.uk have alot of discussion regarding this issue. The consensus is that it has to be a written 24 hours notice and it is only a request to enter. If the Tenant refuse entry, LL cannot enter unless its for an emergency reason. In fact, many have stated tenant can refuse entry all together if there is no emergency.

I do not want to get into any argument with them and I am willing to work with them to schedule viewings. They called this morning and I already allowed them to come the next day. But their insistence of trying to enter the property without supervision is definitely not welcome. I still have close to 4 weeks to go until I move out...sigh

So step back for a minute. I understand your frustration but try to remind yourself that you'll be out of there soon. It's probably not worth pursuing this issue too hard; the last thing you want is to fall out just before you leave and have some spiteful landlord get awkward about your deposit or similar.

Just make it clear that you expect all viewings to be whilst you're there, and be friendly and accommodating. The four weeks will fly by.

Fila_2

fluffnutter wrote: »

So step back for a minute. I understand your frustration but try to remind yourself that you'll be out of there soon. It's probably not worth pursuing this issue too hard; the last thing you want is to fall out just before you leave and have some spiteful landlord get awkward about your deposit or similar.

Just make it clear that you expect all viewings to be whilst you're there, and be friendly and accommodating. The four weeks will fly by.

Thanks fluffnutter. I feel I have been quite reasonable with them with the viewing. They wanted same day at noon but I couldn't and suggested the next day which is quite reasonable in my opinion but I think they want to take control of the day and time they want to come so they are causing the problem. I'll talk to them tomorrow when they come show the potential tenants around and see if we can work anything out.

molerat

Don't forget to tell the agent how unreasonable and unaccomodating you think they are to their tenants and ask why they think that it is acceptable to break into your home (in front of the prospective tenant of course)