Renting Dispute/LA

dorme

Hi all,

wonder if someone could advise me where i stand?

Our landlady has the property we are renting up for sale at the moment, we have been fairly leanient with the letting agent with regards to arranging viewings, however, they have begun to be more frequent and becoming a major inconvenience, i have advised 3 days of the week we can accomodate viewings, as i have an 8 month old teething baby who is very unsure of strangers (normal development thing) and is becoming distressed when the viewings are taking place so often.

a few emails were exchanged between me and the LA and she has stated the following:

"we would like to remind you that you are contractually liable in the last 2 months of your tenancy to allow reasonable access during normal working hours if given 24 hours notice"

is this correct? our contract doesnt mention this, also i thought we were entitled to "peaceful enjoyment" during our tenancy? and we dont have to allow strangers into our house only the landlady/letting agent if 2 weeks notice is given under law?

Any advice/law qoutes i can return would be most helpful!

jjlandlord

dorme wrote: »

a few emails were exchanged between me and the LA and she has stated the following:

"we would like to remind you that you are contractually liable in the last 2 months of your tenancy to allow reasonable access during normal working hours if given 24 hours notice"

is this correct? our contract doesnt mention this

Well if your tenancy agreement does not state this, then you do not have any obligation to allow access for viewings.

I would send a polite reply stating that there is no clause to that effect in your tenancy agreement so that you have no obligation to allow any viewings at all. But that out of good will you are prepared to allow viewings on your terms, which you should then make clear.
If they do not agree and comply then you refuse all viewings.

Judith_W

Even if it does, reasonable is debatable and I would say viewings would not be reasonable if it is interrupting your peaceful enjoyment.

tbs624

I wouldn't even enter into specific arguments with them - just go for the broken record technique without responding specifically to their nonsense.

Perhaps something along the lines of::

Thanks for your letter/email regarding viewings. We confirm that we are able to assist by allowing access for viewings to take place on x y and z days of the week only , between the times of blah and bleurgh. Please ensure that we are formally notified in advance how many will be coming on these occasions and which member of staff will be accompanying the viewers.

If the LA comes back to you again, just send a further copy.

You talk about 2 weeks notice to allow LL/LA in - there is an implied covenant which says that the T agrees to allow the LL to inspect the property to ascertain its condition and state of repair, if given 24 hrs written notice. However,even then if T refuses access LL would have to apply to a court to request that access was enforced.

As for potential buyers/new Ts you are being reasonable in that you have offered the LA several days/evenings worth of access. They should be able to agree something which is mutually convenient and if they can't then tough ( for them).

I wouldn't even get in to giving reaons about babies teething, your front of telly aerobics sessions, your OHs need to have a whole evening soaking in the bath or your work commitments or whatever .

Keep it simple and stick to what works for you - its your home until the end of your tenancy and the LA/LL need to work with you.

Wyndham

I'm in the last days of a tenancy, and refused a viewing for this afternoon. I've been reasonable about others, but for this one I had family around from out of town, and just decided it was all too complicated and difficult, so I said no. They didn't like it, but the viewer is coming on Monday instead.

I do have a clause in my contract about allowing viewings, but my understanding is that this is not an enforcable clause - and seriously, if they did decide to sue me for this then the judge would laugh them out of court!

marliepanda

It is not an enforceable term, and you have been more than reasonable allowing 3 days a week for viewings.

Stand your ground.

jjlandlord

Wyndham wrote: »

I do have a clause in my contract about allowing viewings, but my understanding is that this is not an enforcable clause - and seriously, if they did decide to sue me for this then the judge would laugh them out of court!

Such clause is not in principle unenforceable, and a judge would laugh at them only if they have been unreasonable.

However, in practice it is indeed difficult to enforce such a clause.

Kynthia

If it's not in your contract then you aren't contractually abliged to allows viewings. However you are being more than reasonable by giving three times a week where you will allow viewings with notice.

Keep it simple.