Rental:Can i stop people viewing our flat?

Kuztardd

deleted thread

maninthestreet

"How stubborn can I be with not allowing viewings?"

How stubborn can the Landlord be in delaying the return of your deposit?

us,thecat&thedebt

a standard ast will state that you need to allow viewings 6- 8 weeks prior to you moving out..

it is hard with you working full time but at the same time you need to reasonable.. legaly they have to give you 24-48 hours notice if they are going to do a viewing in your absence.. you can refuse viewings without this notice..

howvere as stated above if the landlord loses money on the property because you were stubborn he may delay your deposit return

Gorgeous_George

To ensure that the LL does not suffer a void (gap in rental income), it will be necessary for someone to move in as soon as you move out. For this reason, most AST agreements (like the one you probably signed), require reasonable access for viewings 6 - 8 weeks before you leave. This gives the new tenant the opportunity to give a month's notice on their old rental property.

There'll be the usual calls that the home is exclusively yours and that you don't need to allow access. This could be true but if you have agreeed to allow access (in the AST) and subsequently do not, your LL might argue that your rent would have been higher to compensate for the likely void.

Homeowners have to allow access for viewings otherwise they wouldn't be able to sell. I don't see how tenants could reasonably expect not to allow access. Do you not wish to view a new rental property before moving in? Or should all LLs increase their rents to accommodate voids.

Treat others the way you would wish to be treated and good luck.



GG

deary65

To answer your question yes you can. You cannot write the common out via contract ( the right to quit enjoyment),you can modify the same but, this must be by way of a separate agreement. So you can exclude the landlord until you close the door behind you for the last time, if you so wish.

Gorgeous_George

deary65 wrote:

To answer your question yes you can. You cannot write the common out via contract ( the right to quit enjoyment),you can modify the same but, this must be by way of a separate agreement. So you can exclude the landlord until you close the door behind you for the last time, if you so wish.

Damn, pressed thanks instead of quote.

This gets debated so often both here and on landlordzone and I'm not sure that a case has ever gone to court so the legal position remains unclear.

If you did not wish to allow the LL reasonable access to let people view the property, you should have either asked for the clause to be removed or not signed the agreement. The LL may have agreed to remove the clause in return for higher rent.

By not allowing people to view, the LL will probably lose 6 - 8 weeks' rent. On a 6 month tenancy this void equates to up to a 25% (i.e., rented out for 6 months in an 8 month period). To recover this loss, the rent would need to be increased by a third so that, in 6 months, the equivalent of 8 months rent would be received.

Do what you think is right. The LL will probably do what he thinks is right in return with regard to any reference that you may need and the return of any deposit you have paid. Be wary of barrack-room lawyers.



GG

prudryden

Try and work with the LL. Explain to him your circumstances and suggest that they visit when you are home e.g. after you get home from work or on the weekend. I would hope that they would be considerate of your situation and try to find away around it.

Gorgeous_George

Talk to the LL. He would not be likely to ask you to get rid of the pets. His main concerns are that the house is left in a rentable condition and that tenants can be found to take your place.



GG

deary65

The O.P asked for a legal standing in this matter, they did not ask to be morally judged. I think you should all remember that.

talksalot81

I have wondered this on a related note - insurance. What is the tenant has valuable which either dissapear or are broken when a LL shows someone around? It isnt going to be easy to prove anything....

Gorgeous_George

... and, if you can point me towards the legislation that states that adults cannot agree a contract; or the test case that states that the requirement to view a property is against any rights to quiet enjoyment that a tenant may or may not have.



GG