Can we refuse all access?

Jamman960

Our letting agent called us yesterday to say that they had written to us 6 months ago telling us that the landlord is planning to sell and wants us out at the end of our 12 month agreement(Sept 1st) however we've recieved no such letter. They're now wanting access to take photos and have viewings etc etc

Luckily we're actually well into the process of buying our first house anyway and hope to exchange & complete in the next 2 weeks or so and should definatly have done so before the end of the month, we're still waiting on the mortgage so hadn't informed the letting agency as yet.

We've been messed around by this agency from day 1, their idea of a prestine house is one that hasn't been cleaned in 6 years and needs a lot of work doing to it(well placed furniture and lots of boxes didn't hep during viewing), they failed to protect our deposit for the first 6 months and have never given us an inventory.(LL and family lived here before us, their idea of cleaning the kitchen cupboards was flipping the shelves over!)

The tennancy agreement states that we have to allow viewings in the final weeks of our tennancy, from reading various posts on here it sounds as though our right to "quiet enjoyment" overrides this entirely - can we simply refuse all access? we won't need a reference and as they've not provided an inventory should get our whole deposit back - I can't wait to be out of this hole!

princeofpounds

Yes you can refuse all access, and given that you won't need a reference and have been messed around, it is what I would do.

In theory the landlord can go to court to ask for an order to permit access. He can do this based on the contractual clause for viewings (which he would probably have only marginal success with, if any at all) or on his general right of access for inspections (which would only be for him and any necessary workmen). But in any case that would take months and you will be out well before that so you don't need to worry about it.

Tirian

Jamman960 wrote: »

... they failed to protect our deposit for the first 6 months ...

You're in luck then. This means that in all likelihood they do not have the ability to issue you a legally valid section 21 possession request, in which case you have no obligation to move and will simply switch to a Standard Periodic Tenancy when the current AST period ends.

Not only that, but you could technically take them to court at any point and secure the return of the entire deposit plus a penalty of 1-3 times the deposit against the landlord. This can be done at any time, even after the tenancy has ended.

I believe that the only exception would be if they took advantage of a brief window following the entering into force on April 6th of the Localism Act 2011, which introduced these provisions into legislation, to remedy the matter by returning the deposit and then taking it again and protecting it within 30 days and issuing the prescribed information. Doesn't sound like this has happened.

http://blog.painsmith.co.uk/2012/07/23/i-havent-protected-the-deposit-what-can-i-do/

It's up to you what you do, if you intend to move out anyway then why not let them give viewings? I'd personally just keep quiet and if there's any problem e.g. completion takes longer than you expect, or they try to make deductions from your deposit, then you can bust out your aces at that point.

Good luck!

Tirian

Some more info for your perusal ...

http://www.tds.gb.com/resources/files/The%20Housing%20Act%202004%20and%20the%20changes%20introduced%20by%20the%20Localism%20Act%202011.pdf

Jamman960

The letting agent registered the deposit on the 29th of February, probably to cover themselves against this law change, we haven't recieved a leaflet or certificate though so may still be in luck.

We'd assumed that they had already protected it, it wasn't until we got an email saying its just been protected that we realised it hadn't been.

Thanks for the info

James

Tirian

Doesn't matter that they've now protected it - if they didn't protect it within 30 days of your paying it to them, all the penalties (including inability to issue a legally valid s21) still apply.

To remedy this, they would need to have returned the deposit to you and taken it again. If they haven't then they're stuffed ...

From the end of that last link I posted ...

"A landlord who has not served the Prescribed Information will not be able to serve a s21 notice until such time as the landlord does serve the Prescribed Information.

Failure to protect the deposit within 30 days is less easy to remedy. Subsection 2A only allows a section 21 notice to be served in cases where the landlord has failed to properly comply with the deposit protection provisions if:

- the landlord first returns the deposit to the tenant in full or with such deductions as the tenant agrees; or
- if the tenant has taken proceedings against him for non-protection and those proceedings have been concluded, withdrawn or settled."

I think that is pretty clear cut for your situation - the landlord's S21 is not valid, so they cannot apply to a court for an eviction notice if you decide to stay. You also have the option of taking them to court at any point for return of the deposit and application the penalty charge (payable to you).

Jamman960

Thanks Tirian,

I think I may try and reach an agreement with them, we'll be out of their hair by the end of the month(very short chain, mortgage just days away) so they can forget about any viewings and so long as they return our deposit without argument at the end we're happy to walk away and forget the whole thing. Or alternatively we can follow up on their non compliance with deposit law

They've done pretty much everything wrong, 1 months notice by phone is just the icing on the cake.

Tirian

No prob - we're in exactly the same situation , hence why I know all this (well a bit further along - we've completed our purchase and are currently moving stuff over ... and the agency didn't even bother to phone us, just put the S21 in the post).

And we're doing exactly the same as you - as long as they return the deposit in full, no quibbles then fine. Experience suggests to us that our landlord (who is a member of staff at the estate agency) will in all likelihood try to make problems over the deposit ... in which case he will get an unpleasant surprise.

Hope it all goes well!