Can landlord arrange viewings when I am away?

bouicca21

The flat I rent is up for sale. Lots of viewers but so far no offers. So far I have been co-operative and allowed the EA to bring viewers round by appointment. But at the rate it is going, the flat will still be on the market for another month or so, possibly longer because I think it is overpriced - and I am soon going to be away for a couple of weeks. Can I legitimately refuse to allow them to conduct viewings in my absence. I really do not like the idea of strangers poking round my space when I am not there.

kazwookie

It is your flat while you live there, so change the locks and go away and enjoy your hols, when you vacate the flat change the locks back.

You do NOT have to allow viewings at all.

km1423

Try to be co-operative. Tell Landlord and EA that you will be away and no viewings are to take place whilst you are NOT in the property - simple as that. No if's, buts or maybes'.

They'll simply have to make arrangements for viewings upon your return. As kazwookie has said, it's your residence, you pay for it, along with privacy.

If you think they'll be crafty, change the barrel, before you go away, (don't lose the key) and replace it with the original upon your return.

thesaint

What does your tenancy agreement say about access for viewings?

CreditCrunchie

No they cannot. You are within your rights to refuse viewings if you wish. If the landlord is polite, gives at least 24 hours notice, and it's convenient for you then there's no reason not to be reasonable. But personally I wouldn't allow viewings when I was not there, who knows what damage could be caused or things go 'missing'.

bouicca21

The original AST says the landlord can conduct viewings on 24 hours notice during the last 6 weeks of the tenancy. But it is now an STP and no notice has been given on either side so it can't be said to be within 6 weeks of the end.

I have been expecting a section 21 but so far it has not arrived.

G_M

bouicca21 wrote: »

The original AST says the landlord can conduct viewings on 24 hours notice during the last 6 weeks of the tenancy. But it is now an STP and no notice has been given on either side so it can't be said to be within 6 weeks of the end.

I have been expecting a section 21 but so far it has not arrived.

LL is not going to issue S21 and evict till he has found a buyer is my guess.

Meanwhile, you have all the uncertainty, plus all the disruption of viewings etc.

As advised above, you need to balance cooperation with the LL, against excessive disruption & invasion of privacy.

Speak to LL/agent and explain
a) while you're away you are unhappy about viewings
b) when you return you'll happily allow viewings, but at limited times/frequency to suit you

Then
a) follow up with a letter confirming the above and
b) change the lock to ensure your request is complied with

Cost? £5 - £15. Time? 10 minutes DIY

http://www.youtube.com/watch?v=VXAo7zSN-9o

http://www.youtube.com/watch?v=V1WP3o4jAFc

allthingsmustpass

You can't sign away a statutory right in any tenancy agreement, they cannot enter your home without your permission except when maintenance is required the lack of which will damage the property.

However estate agents are scum so you will have to change the locks to prevent them entering. Tell them not to as well, but also you will have to physically stop them or they WILL break the law and enter your home anyway if there is a chance of a commission of a house sale in the offing.

When ignorant landlords appear on this thread to say they can do whatever they please and misquote irrelevant documents, instead of getting involved in a 'discussion' I suggest you seek the advice of 'shelter' for confirmation rather than feed the landlord trolls.

G_M

allthingsmustpass wrote: »

You can't sign away a statutory right in any tenancy agreement, they cannot enter your home without your permission except when maintenance is required the lack of which will damage the property.

However estate agents are scum so you will have to change the locks to prevent them entering. Tell them not to as well, but also you will have to physically stop them or they WILL break the law and enter your home anyway if there is a chance of a commission of a house sale in the offing.

When ignorant landlords appear on this thread to say they can do whatever they please and misquote irrelevant documents, instead of getting involved in a 'discussion' I suggest you seek the advice of 'shelter' for confirmation rather than feed the landlord trolls.

Sigh! Again!

What 'statutory right'?

Don't post misleading information. Yes, I know in essance your advice is similar to mine, but using your post to slag off all LLs/agents, based on sterotyping, and with a misunderstanding of the law.......

allthingsmustpass

As I said, check with shelter not cowboys

km1423

One of your statutory rights as part of your "implied terms of tenancy agreement are:

"you have the right to live peacefully in the accommodation without nuisance from your landlord"

A tenant has the right to live in your accommodation without being disturbed. They have the right to have control over their home so that their landlord and other people cannot freely enter whenever they want to.

A landlord cannot limit or otherwise interfere with a tenants right to live in their accommodation or they could be found guilty of harassment.

As for S21, landlord can only apply for this at the end of the AST.

Sales viewings are not a repair, and the 24 hours notice simply does not apply.

Write to LL and EA making it totally clear that no visits are to take place between x date and x date - i.e. the dates you are away on holiday - end of. Quote your statutory rights too. The AST is to protect you, and knowledge is power.

As said before you are entitled to privacy, and to be free of harassment, part of your Stat Rights of an AST (Assured Shorthold Tenancy)

If you are unsure about what your Stat Rights are then read thoroughly your Tenancy Agreement.

Personally, I would change the barrel of the lock. No-one has the right to enter your home without your express permission - UNLESS to perform emergency repairs.

If all else fails, and you don't wish to change the barrel, set up a web cam, with motion detector, you'll soon know. You can even get an alert to your smart phone. Especially if you've expressly said no visits.

You can use the evidence to wrap around their necks and hang them with it, as they (Landlord) will be in breach.