private renting rights

merrycake

hello, just a quick question.

If my landlords wants to enter my property to allow someone else to
view the house as my lease will end on the 3/4/07 and my partner and
i will not be present (at work) can i refuse access? They are in our minds
not the most trustable people we have dealt with and are not comfortable with this. what are our rights?

lazy_girl

You can refuse them entry legally, that's not a problem. He might have given you notice of a viewing, but you don't have to comply.

However, if you're not against the idea of viewings in principle, then suggest to the LL that he shows people round when you're in.

I wouldn't like strangers in my home when i'm not there.

olly300

merrycake wrote: »

hello, just a quick question.

If my landlords wants to enter my property to allow someone else to
view the house as my lease will end on the 3/4/07 and my partner and
i will not be present (at work) can i refuse access? They are in our minds
not the most trustable people we have dealt with and are not comfortable with this. what are our rights?

Read your tenancy agreement. If you signed/agreed that you would be given 24 written notice before each viewing then insist on the notice in that form.

If you refuse the viewing the landlord can refuse to give your deposit back citing breach of contract. Most tenancy agreements have a section with breach of contract clauses and penalties.

Guy_Montag

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.

The same principles apply to terms giving excessive rights to the landlord to demand access for prospective new tenants or purchasers to view the premises.

A term dealing with rights of entry is unlikely to be challenged if it reflects the ordinary legal position. This recognises that a landlord who is responsible for carrying out repairs to the property needs reasonable access for two specific purposes: firstly, in order to check whether repairs are necessary, and secondly, to carry them out. Reasonable access means access at reasonable times, and with at least 24 hours notice in writing, unless there are exceptional circumstances.

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf


I would say showing people round your house while you are out is excessive, but it looks like you must give them access at some point. Dammit!

merrycake

Thanks, i think i'll be leaving work early on thursday to be here for them.
They have repeatedly made a lot of simple situations very awkward we just don't want the hassle anymore. thanks for the replies

black-saturn

You don't have to give them access at all. You are entitled to quiet and private enjoyment of the dwelling no matter if your in or not. Your entitled to say you don't want any viewings at all and he would have to comply with this.

Also as a precautionary bit of advice. When you move out if you want your deposit back make sure you take photos of everything you've got otherwise they will try to keep the deposit.

Gorgeous_George

black-saturn wrote: »

You don't have to give them access at all. You are entitled to quiet and private enjoyment of the dwelling no matter if your in or not. Your entitled to say you don't want any viewings at all and he would have to comply with this.

Also as a precautionary bit of advice. When you move out if you want your deposit back make sure you take photos of everything you've got otherwise they will try to keep the deposit.

The OFT link posted by Guy_Montag (page 78 of the document) states:

Office_of_Fair_Trading_Guidance_2005 wrote:

On giving the tenant at least 24 hours notice in writing, to allow the landlord, or any person acting on behalf of the landlord, access to view the property, during normal working hours, accompanying a prospective tenant or purchaser of the property.

Tip: At the foot of the pdf document, click where it says 1 of 127 and type 82 then press return. This will take you to page 78 of the document. Or View as HTML.

One - nil to commonsense.



GG

black-saturn

Theres also this to take into consideration about quiet enjoyment of the property:

http://www.lawpack.co.uk/quiet_enjoyment.asp

a tenant is not oblidged to let anyone into their home if they don't want to and are also entitled to change the locks if they wish.

silvercar

check your tenancy agreement, it may require you to allow the landlord to show people round during the last month of the tenancy. You would be expected to be given sufficient notice.

Guy_Montag

I would insist on the landlord only visits while I'm there and at a time that I find suitable. For example, I would tell him he can bring viewers round Tuesday and Thursday between 7 and 8.

Silvercar - the tenancy agreement doesn't mean !!!!!! if it includes any term about letting the landlord show people round at his convenience. The OFT would consider it an unfair term (& therefore unenforceable). See the second quoted para of my last post.

Bargain_Rzl

If the tenant were to refuse all access, wouldn't the landlord be likely to withhold the tenant's deposit in order to cover himself for the void which he will inevitably have if he can't conduct any viewings until the existing tenant has vacated? (Not sure of the legality of this but I can see him trying it, especially if he is not trustworthy as the OP stated!)