I am a tenant - allowing viewings?

Kavanne

My landlord is selling my flat. Fine, I was looking to buy next year anyway so we'll just step that up.

My landlord is very nice but the estate agents handling the sale are right knobs. I said from the outset that I cannot do viewings on Thursday or Friday unless the EA wants prospective buyers to see me in bed asleep (I work wed/thur/fri nights). Anyway, I called up today to say I wasn't working this Friday and if they wanted to arrange viewings that would be fine.

The EAs response to this was 'well I just don't know where we stand because you said before we can't do viewings Thursdays or Fridays' . Why is he being so rude? Anyway, what are my rights with regards to viewings? Is it the same 24 hr notice that a landlord would have to give to enter the property?

What reasons can I give to refuse a viewing? I don't want to be difficult but they are just so rude. I am a good and cooperative tenant but that could easily change :mad:

Lokolo

You can flat out refuse viewings if you like.

If you are concerned about the agents, speak to the LL directly and tell him that they are being very rude even though you are trying to be nice and going out of your way to help.

sulphate

You have a right to quiet enjoyment of what is still your home.
The landlord and agent have a right to view after giving the required amount of notice.
These two contradict each other.

You can, i believe, legally refuse them access if you want to.

However, you may find it easier (especially if you want a reference) to comply with them.

Perhaps the EA prefers knowing set times to view and that's why they reacted that way? No excuse though.

thesaint

What does your tenancy agreement state about access for "viewings"?

Voyager2002

So long as you are paying rent you are entitled to the "quiet enjoyment" of your property. In practice this means that you could refuse viewings altogether, and could certainly insist on more than 24 hours notice. An additional point is that a sitting tenant is in a strong position to sabotage a sale of a residential property, and so it is difficult for an agent to market a property that is tenanted: hence their bad attitude to you.

angrypirate

thesaint wrote: »

What does your tenancy agreement state about access for "viewings"?

Irrelevant. Tenant has the right to quiet enjoyment.

thesaint

angrypirate wrote: »

Irrelevant. Tenant has the right to quiet enjoyment.

It's far from irrelevant.
If the tenancy makes no mention of access for viewings, case closed.

Like 99% of people, you have no idea what "quiet enjoyment" is.

angrypirate

thesaint wrote: »

It's far from irrelevant.
If the tenancy makes no mention of access for viewings, case closed.

Like 99% of people, you have no idea what "quiet enjoyment" is.

From http://legal-dictionary.thefreedictionary.com/Quiet+enjoyment

A covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.

Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.

It is a statutory right so it doesnt matter what the contract says. It is generally accepted that 24hrs written request to enter the property is reasonable, however the tenant has every right to reject the request.

Herbalus

angrypirate wrote: »

From http://legal-dictionary.thefreedictionary.com/Quiet+enjoyment

A covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.

Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.

It is a statutory right so it doesnt matter what the contract says. It is generally accepted that 24hrs written request to enter the property is reasonable, however the tenant has every right to reject the request.

Would you define a prospective purchaser as a "hostile claimant"? I wouldn't.

I always found the written notice part quite odd, because written notice means a delay while the letter is in the post. So 24 hours written notice potentially means a wait of 3 days or more, and how can the EA or LL make an appointment to view a house with any certainty if they have to send a letter asking in advance?

And as to the original question, I would simply say that you can't do Thursdays or Fridays at all, and let the estate agent know that you are obliged to be helpful and offer availability if your plans change, so won't do it anymore in the future.

thesaint

angrypirate wrote: »

From http://legal-dictionary.thefreedictionary.com/Quiet+enjoyment

A covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.

Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.

Anyone can quote from Google. I made the point that you don't know what it means.

angrypirate wrote: »

It is a statutory right so it doesnt matter what the contract says. It is generally accepted that 24hrs written request to enter the property is reasonable, however the tenant has every right to reject the request.

24hrs written notice for access to viewings is a rarity. Which is why I asked what the tenancy agreement states.

The tenant does not have every right to reject any statutory or contractrual agreement without fear of redress.
So, people who continually harp on about changing locks and blocking access should becareful of the incorrect advice they give.

It's like saying they can drive above the speed limit.
They can, but they may not.

angrypirate

Herbalus wrote: »

Would you define a prospective purchaser as a "hostile claimant"? I wouldn't.

I always found the written notice part quite odd, because written notice means a delay while the letter is in the post. So 24 hours written notice potentially means a wait of 3 days or more, and how can the EA or LL make an appointment to view a house with any certainty if they have to send a letter asking in advance?

I used to be a tenant - there were times i was happy to give the LA/ LL access on less notice with a phone call but there were other times ive said no even with 24hrs notice (depends what ive been up to - ie sleeping etc, what state the house is in etc). Ultimately, the LL cannot insist he gains access for viewings. Any decent LL would budget for a void period inbetween one tenant and the start of a new tenant / selling for exactly this reason and if its avoided, then quids in