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Notice to tenants regarding viewing times

purplethreads
purplethreads Posts: 252 Forumite
Tenth Anniversary 100 Posts
edited 26 April 2014 at 5:13PM in House buying, renting & selling
I'm currently moving out of a property and have given notice. I went out this morning and came home this afternoon to find that the real estate agens have had people into the house without informing us. This is an assumption based on doors and cupboards being open that were shut, curtains having been open, movement of bins, and nothing taken.

The question is how much notice do real estate agents need to give tenants for viewing of a property? Can they just turn up whenever and show people through. I would have thought they would have to tell us first.
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Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    They should give 24 hours notice unless otherwise agreed with you.

    You can refuse any and all access if you choose. Write to the agents and inform them you do not wish people to be brought round with no notice!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Your tenancy agreement ( a contract which you signed) may well give them the right to enter for purposes of viewings.

    But as implied by marliepanda above, you could rely on your implied common law right of Quiet Enjoyment to contest their contractual right.

    If you wish to do this, do so in writing.
  • And they certainly can't just enter without having told you while you're not there! Or even if you are there. I'd be tempted to booby trap the place
  • kinger101
    kinger101 Posts: 6,559 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    This is a clause typically found in many tenancy agreements;

    "To permit the Landlord or the Landlord’s Agents at all reasonable times in the day within the last 28 days of the Tenancy to enter upon and view the property with prospective occupiers"

    You need to read your agreement. If it's like above, then they are allowed to enter for viewings. You can always ask the agent/landlord if they will give you notice as a courtesy. But they're hardly likely to check with you first before making appointments for all viewings, as it's not practical. As hard as it sounds, you may just have to expect some loss of privacy during this period.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    G_M wrote: »
    But as implied by marliepanda above, you could rely on your implied common law right of Quiet Enjoyment to contest their contractual right.

    No, tenant can only contest excessive and unreasonable use of the right of access.
  • Yorkie1
    Yorkie1 Posts: 11,921 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jjlandlord wrote: »
    No, tenant can only contest excessive and unreasonable use of the right of access.

    Where is your caselaw or statute to back up this assertion, please?
  • m0bov
    m0bov Posts: 2,645 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You dont need to permit viewings so just change the barrel.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jjlandlord wrote: »
    No, tenant can only contest excessive and unreasonable use of the right of access.
    Tenant can contest absolutely anything they wish.

    And if doing so, it is advisable to do so in writing.
  • dgtazzman
    dgtazzman Posts: 1,140 Forumite
    Write a letter to you LL/LA stipulating when viewings can take place (days/times). We included it in our notice letter and clearly added that no viewings were to take place without my wife or myself being present and without at least 24 hours notice.

    The agents have respected this so far, they text us with viewings, we text them back with a yes or no answer and no means no. As long as they respect this arrangement, we'll try our best to make ourselves available for them.

    The moment they stop respecting the arrangement, we will stop allowing viewings and change the lock barrels, as is our right. Seems if you let shine through you know what your rights are, the LA become more cooperative ^^
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 26 April 2014 at 10:59PM
    G_M wrote: »
    Tenant can contest absolutely anything they wish.

    Of course. People can go bonkers as well if they wish, they can even walk in front of a train... So what?
    Yorkie1 wrote: »
    Where is your caselaw or statute to back up this assertion, please?

    I'm rather tired to provide the same info thread after thread, so I'll let you guys do your homework.
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