Viewing problems of rented flat

lmille38

I am finally leaving my rented flat to move to my own house :j

I understand that the letting agency will want people to view the property before I fully move out and have advised me that they will give 24 hours notice before any viewings however..... I am working four 12 hour nightshifts the week after next and WILL NOT be getting up in the middle of my sleep for people to view the flat I am currently living in. Can I insist that the letting agency come/do not come at certain times??

Any help much appreciated. Thanks.

G_M

Write to the LL at the 'address for the serving of notices' and send a copy to the agents specifying what days/times you WILL be available for viewings, and make clear that outside these times it is not convenient.

Do it properly IN WRITING. Be polite abd helpful, but firm and clear.

marliepanda

Yes, of course you can (same situation myself)

Simply write to the LA, or email as I have been doing and say the times that you will not allow viewings, and they can work their viewings around them. They'll probably give you some gip about coming in anyway but simply state you are not allowing them access at that time

Do you have a deadbolt or chain you can put on? Thats something I have done 'just in case' :P

paddedjohn

just call them and tell them what times are suitable for you and make sure they dont have a key for the door locks (ie change the lock if need be)

G_M

Marley and paddedjohn do not go far enough.

Tenants rights to 'quiet enjoyment' and landlord rights to access are not straightforward. BOTH rights exists.

So record your position formally. That means to the proper person (LL), at the proper address, in writing. (not phone/text/email/pigeon post/twitter....)

Write to the LL at the 'address for the serving of notices' and send a copy to the agents specifying......

More here.

ViolaLass

But bear in mind that you don't HAVE to allow access for viewings at all so they are dependent on your goodwill. It's your home, first and foremost.

MasterPJ

I had this problem once.

You don't have to let them in at all. Even if your contract states you must. The law overrides it.

In my case they just turned up, let themselves in without telling me and all sorts. Eventually I got sick of it all and changed the locks.

At one point I let them in and phoned the office. The girl stated that the viewer would be with the people at all times. Which was very ironic given the people viewing were upstairs and the person showing them around was right next to me.

First they threatened me with legal action about gaining access. I laughed. They then threatened me with legal action for future loss of rent. I laughed. Eventually they appologised for there behaviour and arranged properly with me for access to the property with 48 hours prior notice.

They asked for a key once while I was in the office I said "no as any viewings I would like to be present and if I am then they dont need a key".

missile

You do not have to permit viewings. As you do not need a reference, I would suggest you refuse any and all access until your lease terminates and you return the key.

G_M

MasterPJ wrote: »

I had this problem once.

You don't have to let them in at all. Even if your contract states you must. The law overrides it.

".

What law? Can you quote it? As I said it is a complex area with BOTH sides having 'rights'.

But putting YOUR rights in writing formalises them and makes them stronger....

MasterPJ

G_M wrote: »

What law? Can you quote it? As I said it is a complex area with BOTH sides having 'rights'.

But putting YOUR rights in writing formalises them and makes them stronger....

It's a breach of quiet enjoyment.

---

Quiet Enjoyment

What is it?

This is not about noisy neighbours, nor specifically about noise of any sort. It is all to do with being allowed to use the property you have rented without the landlord interrupting that use.

A tenancy agreement grants exclusive occupation rights to a tenant. Whilst the tenancy is in existence, the property is the tenants’ home, and as such they have the ultimate right to admit or deny access to anyone – as would any householder. A tenancy agreement may purport to give a landlord a right to enter the property – at will, or more usually with 24 hours notice, but this can not overrule the implied right to quiet enjoyment, which has been in common law for many centuries.

There are exceptions to this, the landlord can demand access to complete any works that the law obliges him to conduct - for instance, gas safety checks, roof repairs etc. However, as these are specified in law, they are to protect the tenant and allowing access should be to the tenants benefit.

In the real world, what does this mean?

Essentially, that no one, not the landlord or his agent/employees may gain access to your property without your express permission. If the landlord enters the property whilst you are absent (without your permission) that is a breach of the covenant of quiet enjoyment. If the landlord is banging on your door, making threats because you are late with your rent, that is a breach of the covenant of quiet enjoyment. If the landlord wants to sell the property and agents/purchasers view the property without your permission, that is a breach of the covenant of quiet enjoyment.

http://legal-dictionary.thefreedictionary.com/Quiet+enjoyment

BitterAndTwisted

Both parties have legal rights and obligations. The tenant's right to quiet enjoyment does not automatically over-ride a landlord's right of access. If you think it does please find the precise legislation to confirm it and post a link to it or your opinion is worthless here..

I think the position has been made clear enough by G_M