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Tennant being present when viewings taking place

I have given notice to the landlord/agent to quit the property as i am fed up with their behaviour and they could not care less about problems that i have had with the flat since i moved in.

as i work during the day irequested that viewings take place when i am present in the property, either eve or a respectable time on the weeked

irrespective of the fact that the agent will be showing people round they say now that they just have to give me 24 hours notice and then bring someone round irrespective if i am there or not

is this legally right ?????????

i dont really trust the agent and of course i now dont trust thim when i came home and foind that someone had been in the flat without giving me notice,

also he can only keep his eyeon one person at a time. ifhe brings 2 people round does it not give the opportunity for osmeone to lift someone

so whats the tenants right on this point

my contract says that u have to give them access with 24 hours notice to let them view it
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Comments

  • They must give 24 hour notice of any inspection. But try to argue that they are breaking 'quiet enjoyment.' I would put your concerns in writing, but do feel that the possibility of theft is unlikely. But mention your worries. I realise you feel hard done by, but cooperating might lead to yo being given a good reference - unless you don't need it? You are right that they are absolutely NOt allowed to enter without notice/permission. Remind them forcefullly about this.
  • Enfieldian
    Enfieldian Posts: 2,893 Forumite
    Part of the Furniture Combo Breaker
    Simple solution is to change the Yale barrel and change it back again on the day you move out.
  • Yorkie1
    Yorkie1 Posts: 12,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Irrespective of the contract, you are entitled to refuse access under the right to quiet enjoyment. The LL would then need to get a court order to enforce the access (which is not going to happen in the timescale you're working with).

    Write to the agent, stating that under your right to quiet enjoyment you do not consent to any viewings being conducted unless at a mutually agreed time and in your presence. I would not mention the chance of theft. Perhaps suggest some specific times when it would be convenient if you wish to do so.

    You can change the barrel of the lock if you think they will attempt to enter nevertheless.

    The downside is that they will fight you for your deposit and probably give you a bad reference.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You can set your own requirements. So if you only want viewings in the evening, on Tuesdays and Thursdays, say so.

    In writing.

    And if you want 24 hours notice by letter, or phone, or whatever, say so.

    In writing. To the landlord at the address "for the serving of Notices" which should be on your tenancy Agreement (itmay be c/o the agent). Send a copy to the agent too.

    Since it sounds like the agent has their own ideas about this, and may ignore you, I would change the barrel of the lock to protect a) your privacy and b) your security.

    Keep the old barrel and replace it when you leave, or you may be charged for a new lock!

    However, be aware you may alienate the LL/agent, making getting a reference harder, and possibly making a dispute over your deposit more likely.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Yes it is the LLs property but for the duration of your tenancy you have exclusive occupation and the LA/LL should be asking you about viewings rather than telling you.

    It is absolutely not in a LLs interest to offend a T over this one - the T may just decide to leave the property in a state which is likely to put off any potential T and/or have some unsavoury looking mates round during the viewing. Unflushed lav, kippers and cabbage for supper, dishes in the kitchen sink, piles of unwashed clothing on the floor and a leaflet or two on how to deal with neighbour noise nuisance/ vermin/damp :wink:

    LL/LA has a right to inspect ( via an implied covenant) so that he can comply with his repairing obligations ( which is a different issue to viewing for relet/sale of property) but even then a T may refuse access and the LLs only option is to seek a court order.

    I note that you say that the flat has already been accessed in your absence without any advance warning - that in itself needs a letter .Be firm but polite, re-iterate that no viewings may take place in your absence, that you want to know who will be coming and give them some possible time slots that suit you - you will be showing that you are acting reasonably by meeting them halfway. You can always add that it will of course make it easier for you to ensure that the property is in a good presentable state.

    As for references, experienced LLs understand that there are sometimes issues such as this. LLs basically want to know if you pay your rent on time and if you have taken care of the property.

    OP is your tenancy deposit scheme registered? Was there a jointly signed inventory completed at the start? When you do go make sure that you return the property in the same condition as when let to you (fair wear and tear excepted) and take detailed and date evidenced photos of everything - on top of shelves, skirtings, door handles and light switches, down the lav, inside the bath and any white goods, floor coverings/lightfittings and so on. That way you can safeguard yourself against deposit return difficulties.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Tell them you want to be there - and you'll allow viewings from 10am to 1pm on Saturday mornings.... then sit there in your pants when they arrive, then follow them round pointing out stuff that's not been fixed.

    A good belch as you're waving when they leave should settle this disagreement.
  • Strapped
    Strapped Posts: 8,158 Forumite
    edited 18 February 2012 at 2:35AM
    Tell them you want to be there - and you'll allow viewings from 10am to 1pm on Saturday mornings.... then sit there in your pants when they arrive, then follow them round pointing out stuff that's not been fixed.

    A good belch as you're waving when they leave should settle this disagreement.

    :T :iloveyou:

    ETA: Given the OP's username, perhaps she could just be practicing a few moves with the samurai sword when they come...
    They deem him their worst enemy who tells them the truth. -- Plato
  • KILL_BILL
    KILL_BILL Posts: 2,183 Forumite
    Strapped wrote: »
    :T :iloveyou:

    ETA: Given the OP's username, perhaps she could just be practicing a few moves with the samurai sword when they come...


    she is a he
  • Just tell any potential new tenants that the LL has shown people round without you there and ask them if they'd be ok with that
    You never know how far-reaching something good, that you may do or say today, may affect the lives of others tomorrow
  • Viewings are inevitable a price of a good reference when someone doesn't follow the rules.

    I would go to the Agent today ask to see the Manager and politely and firmly say

    "I came home yesterday and thought I had been !"£%$££ burgled"

    "Dude/dudette - text me!!"


    Then you can get into a sensible discussion with them, based on the starting point of fear of burglary, not "your rights" which can antagonise. They can argue that, but not having scared you witless ( hint hint)
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
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