Landlord Access - Reasonable Access

bride2be2012

We've given notice on our tenancy, tenancy due to end 10 Dec.

Get a text from our landlord yesterday about 8pm asking if he can show someone round the house this evening. We said it wasn't convenient and could he re-arrange for either Sat or Sunday (already someone else coming on Sunday). Woke up this morning and found two missed calls from him late last night and also a voicemail saying he'd arranged a viewing for 5.45pm this evening and if we weren't in, he would just let the people in himself.

Now I know that he can't just let himself in without our permission (but it hasn't stopped him in the past, one reason we are moving). What constitutes reasonable notice for requiring access? All it says in our tenancy agreement is reasonable notice unless for emergency repairs. I'm guessing a minimum of 24 hours. It also says we have to allow access for viewings within the last 3 weeks of the tenancy, and we are not yet in the last 3 weeks yet.

I'd just like to know what notice he should be giving, and if he does let himself in without permission, what can we do?

00ec25

do a search, this is a daily topic
here's one from 2 hours ago

https://forums.moneysavingexpert.com/discussion/4247771

bride2be2012

thanks for that, but as I'm working from 9 until half an hour after they are due to arrive, changing the barrel of the lock isn't going to happen...I do like the frying pan idea/burglar idea, and might perhaps see if my parents can bring my dog home early, so the landlord gets a nice barky welcome lol. 40kg of dog who hates strangers might make him think twice about coming in when he's not supposed to... (yes, we do have permission to have a dog in the house...)

roll on moving day...

Fire_Fox

You have the 'right to quiet enjoyment', your landlord is not permitted to enter the property without your permission unless there is an emergency. You do not have to allow reasonable access even if you have given notice. He really should not be texting you that is unprofessional, he should be giving you at least 24 hours written notice. Definitely have the dog there to welcome him.

Osarkon

Also I don't think you have to allow viewings while your still in the property.

I was asked and I refused, just said politely that I was busy packing so the house was upside down.

princeofpounds

If you aren't relying on him for a reference or something else, when they turn up I would tell them that you are sorry but the landlord did not give you 24 hrs notice of the visit or wait for permission, that you have other plans and a viewing is not possible because of [insert valid reason here]. Please feel free to come back on day X at time Y, or another mutually suitable time. Then shut the door.

This will make it quite clear to the prospective tenants what the situation is. If they want to come back later, fine.

Kynthia

Ring him back and tell him you do not give permission for viewings to occur without your presence and you do not wish a viewing tonight. If he still indicates that he will come, tell him that by renting the property to you he has granted you 'exclusive possession' meaning you have the right to quiet enjoyment and he needs a court order to force you to allow him in the property but that you want to be reasonable and agree times. Depending on how the conversation goes, tell him to check out Shelter's website to confirm or tell him you will let every viewer know that he let's himself in whenever he wants which is against your tenant's rights.

martinsurrey

Make sure you're home when he lets himself in and dance around him naked while chanting in tongues, I doubt they'll let themselves in again, and it’s perfectly legal (and very funny for us)!

theartfullodger

For a VERY VERY long discussion on this matter see....

http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

Briefly, the tenant can decline to allow LL to inspect, visit, whatever. Landlord in that case can apply for court order to inspect, visit, whatever... which will take longer than your leaving..

Try not to fall out with LL - you may need a reference etc.. Perhaps you want something (?? rent reduction, reference right now...) you could ask for as trade for what he wants...

Cheers!!

Werdnal

Are you permitted to leave the dog in the property unattended? Ring the LL back and tell them you will be out at the time suggested, and you do not recommend he attempt to enter as your dog is a little unpredictable with strangers when you are not there and you cannot be held responsible for the dogs actions!

There is a bit of a grey area over LL access rights when there is a particular clause in the tenancy stating that the LL is allowed viewings towards the end of the tenancy. Some people advocate the "quiet enjoyment" rules at every opportunity, whilst others state that if you have accepted the terms of the TA, you have accepted the LL's right to enter/allow viewings. However, the LL should still seek 24 hour notice, and you still have a right to refuse. The only way the LL can enforce viewings if you do not consent, is to gain a court order, and in the short time left on your tenancy that is not going to happen.

I would write to the LL - first class "snail-mail" letter, stating that whilst you agree there is a written clause permitting viewings in the tenancy agreement, the LL has failed to give your 24 hours formal notice of this appointment. Suggest that you will permit vieiwings, BUT only on certain days of the week/certain time slots, for instance, Wednesday evening 7-8pm and Saturday mornings 10-12. Ask that the LL confirm whether anyone is attending on those permitted times, and not just turn up. Tell them any you will refuse (as is your right) any appointments outside those times, and as you cannot confirm you will be present, you do not permit the LL to enter in your absence and stress your dog, or risk them escaping or injuring someone.

martinsurrey

Werdnal wrote: »

There is a bit of a grey area over LL access rights when there is a particular clause in the tenancy stating that the LL is allowed viewings towards the end of the tenancy. Some people advocate the "quiet enjoyment" rules at every opportunity, whilst others state that if you have accepted the terms of the TA, you have accepted the LL's right to enter/allow viewings. However, the LL should still seek 24 hour notice, and you still have a right to refuse. The only way the LL can enforce viewings if you do not consent, is to gain a court order, and in the short time left on your tenancy that is not going to happen.

I would write to the LL - first class "snail-mail" letter, stating that whilst you agree there is a written clause permitting viewings in the tenancy agreement, the LL has failed to give your 24 hours formal notice of this appointment. Suggest that you will permit vieiwings, BUT only on certain days of the week/certain time slots, for instance, Wednesday evening 7-8pm and Saturday mornings 10-12. Ask that the LL confirm whether anyone is attending on those permitted times, and not just turn up. Tell them any you will refuse (as is your right) any appointments outside those times, and as you cannot confirm you will be present, you do not permit the LL to enter in your absence and stress your dog, or risk them escaping or injuring someone.

Its not a grey area, a clause in a contract cannot override your statutory rights (this is a matter of fact), in this case a statutory right to quiet enjoyment.

The contract could state that the LL can come into the house and watch you sleep, but he'd be arrested if he did as the clause is invalid.