LA wants us to let viewings before move out date

in_need_ofhelp

Monty-doggy probably the best suggestion. Been very stressed with the whole moving stuff and its not even close yet!!

yes its scotland I stay.

paul1964_2

in_need_ofhelp wrote: »

Not yet. I'm at work so can't check it until I get home.

As I said before we're obviously just being fussy and awkward so will let the viewings to be done just wanted to get a little advice first.

Not at all. If you don't fancy strangers wondering around your home, then insist on evening viewings only. If the LA doesn't want to do this, they will have to wait until you are gone.

Don't worry about what it says in your tenancy agreement - your LA/LL can't enforce this.

Cornucopia

RAS wrote: »

Contract law does not trump statute law.

This clause is almost certainly unenforceable.

OP -= which country are you in? Scotland as you mention 60 days notice?

What statute are you referring to?

AFAICS, if the contract requires it, then other aspects of the contract (like the deposit) are potentially in jeopardy if access is made difficult. In practice, the LA will simply act on the LL's instructions to go ahead with viewings if the contract permits it.

19lottie82

topbargainhunter wrote: »

When I rented my flat out, it was written in the tenancy agreement that the tenant had to allow viewings to take place when their tenancy was ending, have you checked your agreement?

It doesn’t matter what your contract says, you still don’t have to let them in. That’s the law, and can’t be over ruled by a make believe clause the LA decides to put in your contract.

Cornucopia

You have to provide reasonable access for the LL - and by extension, his agents, the LA.

19lottie82

Cornucopia wrote: »

AFAICS, if the contract requires it, then other aspects of the contract (like the deposit) are potentially in jeopardy if access is made difficult. In practice, the LA will simply act on the LL's instructions to go ahead with viewings if the contract permits it.

Well you see wrong, I'm afraid.

So you're saying the T's deposit is at risk becaue he won't adhere to a non enforcable clause in a contract? Rubbish!

The LA is breaking the law if he enters the property after being told not to. The T is within his rights to change the locks, as long as they are returned to the original ones when he leaves.

terryw

Cornucopia wrote: »

You have to provide reasonable access for the LL - and by extension, his agents, the LA.

Nope.......

19lottie82

Cornucopia wrote: »

You have to provide reasonable access for the LL - and by extension, his agents, the LA.

Yes, but the tenant is entitled to “quiet enjoyment”, so this over rides the LL/LA’s “rights”.
If the LA asks for access the property and is denied by the T, the only way they can legally gain access is by going to court to get permission.

Cornucopia

Quiet enjoyment does not preclude the LL having reasonable access.

If the LL is a nuisance, for example by repeated calls, short-notice calls and/or unsocial hours calls, then fine, invoke "quiet enjoyment". Otherwise I don't think it applies.

Manchee

OP, are you moving into more rented, or are you buying your own place? Just wanted to know if you are relying on a good reference from your current Landlord.

I do totally get why you wouldn't want people poking around in your home while you are not there, I wouldn't want it either!

I have been in your position when my last Landlord told me he was selling my flat, the agents were kinda !!!!!! about it, they prob find it easier if they pretend you have no rights and hope you don't know otherwise.

Basically you don't have to let anyone in to view, no matter what is written in your contract, but of course expect an out right 'no' to put your Landlords nose well out of joint (possibly meaning losing a reference from him). Your right for peaceful enjoyment of your home is protected by law, this includes saying no to viewings before you move out / if your Landlord is selling up.

If I were you, I would do as has already been suggested, give a set time you would be willing to have viewings (if you are happy to, of course), and advise the agents that you still need to be contacted with notice of any viewings at least 24 hours before hand.