I am a tenant - allowing viewings?

angrypirate

thesaint wrote: »

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



24hrs written notice for access to viewings is a rarity.
The tenant does not have the 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.

Is this your legal interpretation? Out of interest, are you a lawyer? Do you have much legal background? Or are you a LL?

thesaint

angrypirate wrote: »

Is this your legal interpretation? Out of interest, are you a lawyer? Do you have much legal background? Or are you a LL?

I am a disabled Asian female airline pilot.
Irrelevant? Yeah, like your attempt at deflecting from the point of this thread.

Windsorcastle

Having been a LL, I think your LL is being a bit cheeky just expecting you to allow viewings without any sort of benefit to yourself to compensate you for the inconvenience.

It's unsettling to have people traipsing round your flat, plus there is the added strain of having to keep it clean and tidy for viewings, etc. You don't mention that you are under any kind of notice to leave or end of tenancy, so bear in mind that if the place is slow to sell, you could be expected to put up with viewings for several weeks or even months.

When I wanted to put my place on the market, I offered my tenants a £100 a month reduction for the inconvenience and they in return offered to conduct all the viewings rather than have me traipse over there. My tenants were great and I knew they wouldn't do anything to sabotage the sale as they were looking to buy elsewhere anyway. However, as an added assurance, I promised them that if I had accepted an offer by the time they left the tenancy, I would return another £100 from the final rent as a thankyou for their sales patter! They were delighted; it gave a small extra incentive, and indeed, I did accept an offer in their final week of tenancy so I included their 'bonus' when I returned the deposit. Everyone was happy.

LLs need to be a lot more considerate of their tenants in these situations. I would suggest wait until you've allowed 3 or 4 viewings and then politely ask the LL if they will be willing to reduce your rent for the inconvenience thereafter. If they don't your LL isn't as nice as you think...

angrypirate

thesaint wrote: »

I am a disabled Asian female airline pilot.
Irrelevant? Yeah, like your attempt at deflecting from the point of this thread.

The reason why I ask is because you are offering your legal interpretation of it. The reason why offered mine is because as a tenant in the past I had issues with this and I spoke to someone close to me who is a lawyer. Quiet enjoyment simply means to have the use of without disturbance from the LL.

Regardless of what the contract says, it all means that if the LL wants access, then this has to be REQUESTED in WRITING, giving the tenant REASONABLE notice.

In a court of law, a few hours is not looked on as reasonable notice.

G_M

Just write a polite, friendly letter to your landlord and send a copy to the agent.

Make clear that you are only too happy to facilitate viewings at convenient times providing they are confirmed 24 hours in advance. Providing a phone numberfor this might help both you and them.

Make clear also that because of your work shifts, not all times are convenient.

Then lay down the times you WILL accept eg

* between 6 & 8 pm on Tuesdays & Wednesdays, and 12 - 5 pm saturdays (or whatever.

Then stick to it.

Sorted.

edit: 'quiet enjoyment' is
* not a statutory right. There is no Act of Parliament
* an implied contractual right
* not an over-riding right, that 'trumps' all other rights
* sometimes in conflict with a LL's (statutory &/or contractual) rights of access

Hence it is always wise where there is conflict to lay out your position as a tenant in writing.

Changing the locks is a useful option where a LL may, or has, run rough-shod over the T's previously stated position, pending a court decision (if sought) as to which right takes precedence

thesaint

angrypirate wrote: »

Regardless of what the contract says, it all means that if the LL wants access, then this has to be REQUESTED in WRITING, giving the tenant REASONABLE notice.

In a court of law, a few hours is not looked on as reasonable notice.

The landlord has no statutory right to access for "viewings", so it boils down to what the tenant agrees by way of contract with the landlord.

If the tenant agreed that 8 hours notice by phone is reasonable, and the landlord gives 16 hours notice in writing, then a court is not going to rule that the landlord did not give reasonable notice, and so breached "the tenants quiet enjoyment", and throw the landlord in the slammer.

angrypirate

thesaint wrote: »

The landlord has no statutory right to access for "viewings", so it boils down to what the tenant agrees by way of contract with the landlord.

If the tenant agreed that 8 hours notice by phone is reasonable, and the landlord gives 16 hours notice in writing, then a court is not going to rule that the landlord did not give reasonable notice, and so breached "the tenants quiet enjoyment", and throw the landlord in the slammer.

Its not NOTICE. Its REQUEST. And the tenant CAN SAY NO. Regardless of what it says in the contract.

I can draw up and sign a contract saying that you can shoot me without going to jail. You know what will happen - you will be jailed for murder. Because statutory law overrides the contract.

G_M

angrypirate wrote: »

Its not NOTICE. Its REQUEST. And the tenant CAN SAY NO. Regardless of what it says in the contract.

I can draw up and sign a contract saying that you can shoot me without going to jail. You know what will happen - you will be jailed for murder. Because statutory law overrides the contract.

angrypirate. Can you either quote the relevant Act of Parliament for this statutory law you keep referring to, or accept that there is none.

edit. Pleasenote that the link you provide in post 8 above relates to United States law.

This is a UK forum.

Guest101

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.

Certainly there is a right to quiet enjoyment, and clearly the tenant can refuse access.

I_have_spoken

Change the locks! Demand compo for loss of 'quiet enjoyment'. Report LL to bizzies for harassment. Stop paying rent, it'll be at least Xmas before a court order for eviction is enforced, esp. if you make a token payment 24hrs before the 1st hearing; that'll be a useful top-up to your deposit for buying a house.