Allowing access to LA

twink22

Hi

I know this has been asked many times before, our LA has sent us a letter, received today, informing us that they will enter the property tonight and will conduct viewings even if we disagree as our contract states that we have to allow this in the last 2 months, I want to refuse viewings as we don't know yet if we are leaving at the end of the contract (18 months due to expire Nov 11th) and they have been awful throughout our tenancy, what if anything can I say to them to make it clear I won't be allowing them access?

Thanks

dancingfairy

Have you done a search to see if there is a standard letter on this subject floating about? I'd be surprised if there wasn't.
Basically you have the right of quiet enjoyment of the property.
Phone/email them today then follow up with a letter in the post confirming you are not giving them permission for viewings.
Change the barrels of the locks( easiest thing to do is swap front and back barrels if you can't get a replacement). Apparently it is dead easy to do and you can get barrels quite cheaply from a diy store (google changing the barrel). Just keep the old one and remember to swap it back when you leave.
Hopefully they will back off but if you get any more trouble come back here.
df

browneyedbazzi

Tell them that you have the right to quiet enjoyment of your home and they have no right to enter for viewings - terms in contracts that attempt to override or rule out a statutory right are considered unfair and are not enforceable.

Will you be home when they intend to enter? Do they have keys?

You may want to consider changing the barrel in the locks so they can't conduct viewings when you are not at home against your will.

dancingfairy

IF they were stupid enough to enter/try to enter when you've said they can't (get it in in writing) then you might want to visit your local CAB or local solicitor and get a warning shot letter in warning they are in danger of harrassment.
Obviously you have the option of calling the police as well if they do try to break in (hopefully they are not that stupid) and things will not get that far.
df

dgtazzman

Or if you have a back door and want to save on the cost of changing the barrels, just put the chain on the front door and go out the back. Would work for us as I happen to know the LA and LL don't have a clue what the code is for the electronic gate at the back

twink22

I emailed them and stated that we were withdrawing consent to allow access and that we didn't know yet if we were leaving on the expiry of the S21, which is invalid- however I didn't tell them this.

This was the response, it looks like they don't care if we consent or not!:

'We fully understand you are entitled to quiet enjoyment and have always respected this.

In regards to our clauses in the contract I can confirm these have been agreed to upon you signing the document and these work in conjunction with the law. Please see below both clauses which relate to this matter and which you have signed in agreement with


2.20 Permit the Landlord or the Landlord’s agents at all reasonable times within the last two months of the tenancy (howsoever determined) after reasonable notice to the Tenant to enter upon the Premises to view the same together with prospective tenant(s) purchaser(S) or occupier(s)

2.21 Permit the Landlord or Landlord’s agent to carry out property visits and if the Agent is carrying out the visit allow access for these visits during the hours of 8.30am to 5.30pm Monday to Friday. If the Tenant does not comply with this clause the Landlord or Agent can enter the Premises using a key upon giving the Tenant 24 hours written notice. If access for the property visit is via appointment with the Tenant and the Tenant is not present at the property at the appointed time, the Tenant will pay £35 + VAT to the Agent to compensate them for their wasted time and expenses (except where the Tenant has cancelled the appointment with the Agent with reasonable notice)
As per the section 21 notice that was served your last day of tenancy has been determined as 12th November.'

We have always allowed inspections and took 2 days off work for their workmen to come in and change the dangerous condemned boiler.

RAS

Just point out that contract law is trumped by statute law.

And remind them that they are allowed to put any term they wish in their contract but the courts would a view on whether it is enforceable.

If they wish to take you to court to enforce the term in the contract, then you will be happy to comply with the decision.

chris_m

Also point out that a letter received today for a viewing tonight is not 24 hours notice nor reasonable notice.

ValHaller

You know what I would do. I would let them have their viewing.

And I would stand myself between the viewers and the agent and tell the viewer that 'this is what happens with this agent. And if the agent tried to intervene, I would kick him out for interrupting a conversation in my own home.

Yorkie1

Just to point out that these references to statute law are incorrect. 'Quiet enjoyment' is not referred to in statute - it's a common law concept.

twink22

Locks have now been changed. They came round tonight even though I told them they couldn't, but i don't think they tried to gain access (I was still at work) they just left a business card through the door. I would allow them to do viewings if we knew when we were leaving but at the moment we don't, I have told them this but they appear to think that the s21 will mean we will leave. Next they will be billing us £35 plus VAT for all the viewings they try to do but can't- not looking forward to trying to fight that! I feel bullied by them at the moment and am so stressed with the whole thing!