Allowing access to LA

G_M

Read my post here:

https://forums.moneysavingexpert.com/discussion/4776722

G_M

browneyedbazzi wrote: »

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.

Rubbish. Sorry - 'quiet enjoyment'

a) is not a statutory right (it is common law)

b) is not an absolute right

The terms of a contract CAN be enforced by a court, even if they conflict with 'quiet enjoyment'. Whether a court would enforce the LL's contractual right of access would depend on the individual circumstances.


see

https://forums.moneysavingexpert.com/discussion/4776722

owitemisermusa

OP, I understand your point of view but, consider this: you're not yet sure if you're staying or moving out, that does your landlord no favours. If you move without a replacement tenant in place, he/she loses money through voids.

Decide if you're leaving ASAP; if you are, please allow viewings (at a time to suit you obviously) but if not, please put the landlord's mind at ease and commit.

HTH.

SternMusik

owitemisermusa wrote: »

OP, I understand your point of view but, consider this: you're not yet sure if you're staying or moving out, that does your landlord no favours. If you move without a replacement tenant in place, he/she loses money through voids.

Decide if you're leaving ASAP; if you are, please allow viewings (at a time to suit you obviously) but if not, please put the landlord's mind at ease and commit.

HTH.

So why would the OP want to do the LL any favours given the behaviour of their agent? The OP has no obligation to allow viewings, it is their home! The agent can show people round after the OP has moved out. It is a business, the LL has to be able to deal with voids. OP is doing nothing wrong, they are paying the rent and get quiet enjoyment of the place.

jaybeetoo

twink22 wrote: »

Locks have now been changed.

You may want to check your tenancy agreement about doing that.

chris_m

jaybeetoo wrote: »

You may want to check your tenancy agreement about doing that.

Provided the originals are re-fitted when the tenant moves out, where's the problem?

twink22

owitemisermusa wrote: »

OP, I understand your point of view but, consider this: you're not yet sure if you're staying or moving out, that does your landlord no favours. If you move without a replacement tenant in place, he/she loses money through voids.

Decide if you're leaving ASAP; if you are, please allow viewings (at a time to suit you obviously) but if not, please put the landlord's mind at ease and commit.

HTH.

We don't know if we are moving on the expiry of the invalid s21 as we are in the process of buying and won't be sure of when we will leave until we get a date for completion. We are aiming for the end of our 18month contract to save all this hassle, however that may not be possible.

I object to the agent not listening to me when I told them this (not the invalid s21) and that when I said no to them coming round it meant no, not come anyway.

It's not my problem that the LL has a void period, what if I allow viewings and they agree to rent to someone from the 12th Nov, then we don't leave and the poor new tenant has nowhere to go? They don't seem to understand that we may not leave on the last day of the contractual period. Once we know the date we will leave they can have viewings and I will tell them all about the awful LL and LA.

SternMusik

jaybeetoo wrote: »

You may want to check your tenancy agreement about doing that.

Just because it is written in a contract doesn't mean it is enforcable or will stand up in court. As long as the original barrel is put back at the end of the tenancy the LL doesn't have anything to complain about. In fact they will only know about it if they attempt to enter the property against the tenant's wishes!

twink22

chris_m wrote: »

Provided the originals are re-fitted when the tenant moves out, where's the problem?

Of course we will replace the originals, the only way they will know is if they try to obtain access when we aren't in...

jaybeetoo

twink22 wrote: »

Of course we will replace the originals

Fair enough.

I've often wondered about tenants changing the locks for peace of mind. Ignoring the LA and LL, an unscrupulous previous tennant could always have kept a copy of the key. I always change the locks when I move house so it seems reasonable to do it when you rent as long as you either change the locks back or give the LL and LA enough spare keys at the end of the tenancy.