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I am a tenant - allowing viewings?

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  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Guest101 wrote: »
    Certainly there is a right to quiet enjoyment, and clearly the tenant can refuse access.

    You have quoted me, and I am sure the point you are making makes sense in your own mind.

    If you want me to make sense of it, please point where I am incorrect in what I have said.
    Well life is harsh, hug me don't reject me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    You have quoted me, and I am sure the point you are making makes sense in your own mind.

    If you want me to make sense of it, please point where I am incorrect in what I have said.

    that Quiet enjoyment exitsts, and that this means despite what you have said the tenant can refuse to allow viewings
  • Angelicdevil
    Angelicdevil Posts: 1,707 Forumite
    thesaint wrote: »
    What does your tenancy agreement state about access for "viewings"?
    thesaint wrote: »
    You have quoted me, and I am sure the point you are making makes sense in your own mind.

    If you want me to make sense of it, please point where I am incorrect in what I have said.

    It's the first of your posts, that I've quoted above, that insinuates that the tenancy agreement overrides anything else.

    That is not the case.
    I have a simple philosophy:
    Fill what's empty. Empty what's full. Scratch where it itches.
    - Alice Roosevelt Longworth
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Guest101 wrote: »
    that Quiet enjoyment exitsts, and that this means despite what you have said the tenant can refuse to allow viewings

    Yes, in the same way he can drive over the speed limit.
    Well life is harsh, hug me don't reject me.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    It's the first of your posts, that I've quoted above, that insinuates that the tenancy agreement overrides anything else.

    That is not the case.

    I have not insinuated anything.
    I have been quite clear what I mean.

    Members quoting "Quiet enjoyment" ad infintum means nothing.
    Well life is harsh, hug me don't reject me.
  • Angelicdevil
    Angelicdevil Posts: 1,707 Forumite
    thesaint wrote: »
    I have not insinuated anything.
    I have been quite clear what I mean.

    Members quoting "Quiet enjoyment" ad infintum means nothing.

    I swear you're just a wind up merchant!

    By asking what someone's tenancy agreement states about viewings, insinuates that that's what the OP should be going by.

    This is NOT necessarily the case, as the agreement could state that the tenant will allow viewings at any time of any day regardless of if it suits them, or some other ridiculousness. And we all know that this would be a breach of a tenants right to quiet enjoyment if the LL/LA proceeded to behave in such a manner.

    People come here for straight advice, not riddles or confusion.
    I have a simple philosophy:
    Fill what's empty. Empty what's full. Scratch where it itches.
    - Alice Roosevelt Longworth
  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    Regardless of what the contract says, I think it's worth remembering that the only way a contract can be enforced is by a court. If the tenant refuses access to the landlord of their agent there is nothing that party can do apart from seek the intervention of the court to allow them the access to which they believe they are entitled, and / or award them damages for the frustration of the contract.

    Considering statute says the tenant is allowed 'quiet enjoyment', and even the most unwilling tenant will usually authorise some viewings, the court scenario is pretty far fetched; so really the landlord is relying on good will if they want to flog their house with the tenant still in situ.
  • Kavanne
    Kavanne Posts: 5,093 Forumite
    Thanks for the replies everyone. I thought you'd all come back and tell me not to be so difficult ;)

    I will just be super polite to them, at least I know the ball is in my court and I am OK to refuse viewings that are inconvenient to me.

    They also got arsey about my rabbits who live in my living room. But, to be honest, I think they should worry about the place next door who have had a sofa outside their flat for 18 months. People are put off before they even step through my door!
    Kavanne
    Nuns! Nuns! Reverse!

    'I do my job, do you do yours?'

  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    Yes, in the same way he can drive over the speed limit.

    No not at all the same.

    The rights contradict eachother, so a court would need to decide.

    You're just wrong, and digging now
  • fart
    fart Posts: 376 Forumite
    Yes, in the same way he can drive over the speed limit.
    Kinda suggests that you can do it but are not allowed to? Confusing.
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