Landlord wants to show people around "All day Wednesday"

kyusho

Hi,

Just received an email from my landlord stating they will be showing people around the student house I'm renting from him from anytime from 4Pm onwards on Tuesday and "ALL DAY WEDNESDAY!"

I don't mind letting him show people round, but this is taking the !!!!. I'm extremely busy working on my dissertation and don't want to be disrupted through out the whole day! Can he do this or is it in breach of my right to a quite enjoyment of the home? What can I do about it, he has a key and just normally lets himself in. Furthermore, its actually my Birthday on Wednesday and I'll be having a part in the evening and I don't want other people in the house!? Would you be mad if you got this email too? Here is the email:

We'll be arranging viewings for next years tenants on Tuesday from 4pm and all day Wednesday. Sarah and I will be coming round with various groups of people.


If you could make sure your house is nice and tidy, we'd appreciate it.

theartfullodger

Write and tell that is inconvenient: offer another date & time (say for 1 hour). You do not have to tidy up.

Cheekylandlord!

kyusho

Just sent him this message. Was going for the firm but fair appraoch, I hope it doesn't come across wrongly. Does it sound Ok?

Dear ******

Please be more specific with regards to the times you would like to show people around the property and we will try to be accommodating. There are however, a number of times on Wednesday, which is my Birthday, when it will be most inconvenient to show people around the property. Please let me remind you that as tenants we have the legal right to a quite enjoyment of our home and, although you are of course entitled to show people around your property, this has to be at a mutually convenient time and with our permission. To designate an entire day of your choice for this purpose is not reasonable.

Kind regards,

*******

theartfullodger

When I said offer another date & time I meant not on your birthday, but your choice!!

If you think he might turn up get one of these ...

http://www.amazon.co.uk/Motion-Sensor-Alarm-Garage-Remote/dp/B0038MJG9I
(or similar from other suppliers...)

Me, I'd change the locks (keep old to change back when you leave...)

For a VERY long discussion of who has rights in these cases see....
http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

dimbo61

Is this a HMO? three storey and more than 5 people living in the property ( England and wales)?
If this is a student property then NOW is the busy time of year for next years students to find a property.
Did you look at this property you are now living in last December?
Did you visit a couple of student rentals before picking this one ?
How big is the property 6/7/8 or even 10 bedrooms ?
How long will the students be in the place 15/30 minutes
Not long to make a decision on a place they will be renting for 10/12 months and paying a great deal of money for.
How good is your landlord at dealing with any repairs, sorting out problems with the property?
What standard is the property and what does it say in your tenancy agreement about viewings ?
Have a great birthday and enjoy life at UNI

kyusho

Hi there,

No there are only 3 people living here. It is a small privately rented terraced house. I only arranged the rental in September and visited alone. The property has 3/4 bedrooms. The landlord wants to bring a huge number of groups through the house all day Wednesday and any time after 4Pm on Tuesday. Its my Birthday Wednesday and I have said I will be refusing any viewings outside of 10am to 4pm but will try to accommdate his requests within theses hours. The landlord is generally quite good and the house is in a good state of repair. In our tenancy agreement it says that we will provide the landlord access to the house given reasonable request for the purpose of showing tenants around or for repair. However, I understand this is superseded by my rights at a tenant under common law to quiet enjoyment of my home and thus I have the right to refuse any viewings which are not convenient?

dimbo61 wrote: »

Is this a HMO? three storey and more than 5 people living in the property ( England and wales)?
If this is a student property then NOW is the busy time of year for next years students to find a property.
Did you look at this property you are now living in last December?
Did you visit a couple of student rentals before picking this one ?
How big is the property 6/7/8 or even 10 bedrooms ?
How long will the students be in the place 15/30 minutes
Not long to make a decision on a place they will be renting for 10/12 months and paying a great deal of money for.
How good is your landlord at dealing with any repairs, sorting out problems with the property?
What standard is the property and what does it say in your tenancy agreement about viewings ?
Have a great birthday and enjoy life at UNI

19lottie82

If you want you can change the barrel of the yale lock on the front door.

You can pick one up for £5 ish and they are pretty simple to change (see youtube for instructional videos)

This is perfectly legal, as long as you return the original barrel when you leave.

theartfullodger

Why the viewings?? Are rooms let individually ?? (in which case LL can show anyone round the "common areas" such as kitchen, hall & room-not-yet-let...

Assuming not individual room lets & that you are on a "joint & several" tenancy, why the viewings?? Is he selling the place??

Cheers!

GDB2222

I agree, as a landlord myself, that the suggested viewing times are far too extensive. On the other hand, whilst you may be within your rights to refuse viewings altogether, that would be unreasonable and unfair to the landlord. Clearly, some compromise is fair and reasonable.

I had a tenant who was deliberately awkward about viewings when she left. She said she was "too busy". She thereby lost me the best part of a month's rent, really with no benefit to herself. She was perfectly within her rights. Likewise, when she needed a reference a year later, having upset her new landlord, I turned out to be rather busy at the time.

G_M

There are several (related) issues here, though the answer is compromise:

1) IF the property is an HMO, and each occupant has an individual contract for their own room (+ shared use of common areas), then the landlord has the right to enter the shared areas at any time.

2) If the property is let as a whole unit and the occupants have all signed the same, single, "joint and several" contract, then access by the LL is more limited

3) Even in 2) above, LLs have rights of access. They have duties under statute law (repiring obligations, gas checks etc) and usually rights under contract law (to show prospective tenants round etc)

4) But tenants also have the right under Common Law to 'quiet enjoyment' - to live there undisturbed

5) often, as here, 3) and 4) above clash. Where this happenseither
a) a compromise should be reached amicably or
b) one side may 'impose' their right (eg by just coming in anyway, or by changing the lock to deny access) or
c) the courts can decide whose right should take precedent.

6) the solution therefore is to make clear your right, and what you, as a tenant, are willing to agree to, IN WRITING. That way the LL cannot say impose his own right of access and claim he did not know the tenant had a problem with it. He gave the required 24 hours notice in writing and received noobjection. Fair enough. But once the tenant has put on record his right to quiet enjoyment, it would be a foolhardy landlord who ignored that (see harrasment - Protection from Eviction Act 1977 ).

Offer several alternative dates, with more limited/acceptable times, and ask the LL to let you know which he finds acceptable. Do this in writing.

GDB2222

But G_M, whilst the landlord has a right of entry to repair, and he can bring workmen with him, that does not entitle him to bring prospective tenants with.

Quite often, tenancies have clauses allowing landlords to bring prospective tenants around during the last month or 2 of the tenancy, subject to reasonable notice. I have never quite understood how that meshes in with the tenant's right to refuse entry. I suspect that the position is probably that the tenant is allowed to refuse entry, but the landlord may be able to sue for damages if there is a void period.