Notice to tenants regarding viewing times

G_M

jjlandlord wrote: »

Of course. People can go bonkers as well if they wish, they can even walk in front of a train... So what?



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

If you get tired, go to bed.

Then do your 'homework' once you've woken up fresh and ready for a new day.

whalster

Just to add something else into the mix here ,there was a report on You and Yours radio 4 I think last Thursday where agents ,not just letting but estate agents doing viewings too were in effect wide open to allegations of theft from properties while conducting viewings .they were implying not the agent but potential buyers/ renters of this but equally could apply to the agent themselves .

One chap was suing the agent for the theft of a ring . Now you would think the owner having a contract with an agent the agent would have a duty of care in this regard but it seems the agent had no insurance cover for this eventuality.

I posted a link to this on private landlord directory Facebook page or go to iplayer to listen you can see somewhere along this line a test case being brought as sadly from a landlords point of view it would also encompass say annual visits for CP12's or fire alarm testing etc etc .

One last thing Jlandlord sadly this issue has been put to bed a long time ago ,as a landlord and even though I put it in my tenancy agreements as I do with a few other things that can't be enforced it Is not enforceable .The tenant can refuse entry for whatever reason they wish and from an agents point of view listening to Radio 4 the other day a claim of theft even when proven to be malicious is devastating to their business so maybe the whole viewing property without the owner/tenant being present needs to be thought about a lot further.

mrginge

whalster wrote: »

The tenant can refuse entry for whatever reason they wish ...

Not if the landlord has a court order, allowing them access under their statutory or contractual rights.

pmlindyloo

kinger101 wrote: »

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.

The clause quoted has been deemed unfair by the Office of Fair Trading.

See here:

http://www.propertyinvestmentproject.co.uk/blog/landlords-right-of-entry/

If there is a 24 hours notice written into the clause then that may be deemed reasonable but would also (as I interpret it) if the viewings were conducted too frequently be found to be harassment.

In all instances like this it comes down to common sense.

If you have signed a contract stating that within the last month of the tenancy with 24 hours notice you should permit the estate agent to take potential new tenants round the property then you would be aware of their intention and try to accommodate them.

As already suggested it is a good idea to give times when it is convenient to you but with a degree of flexibility for potential viewers. Too often could be deemed as harassment. EAs entering without permission is definitely a 'no no'.

Unfortunately the outcomes of a charge of harassment by tenant/refusing entry at all when you have signed a contract with such a clause can only be settled in court. By the time this has been done the tenant will usually be long gone.

Unfortunately some EAs and LLs have no understanding of the concept of being mindful that it is the tenant's home and this often results in bad behaviour (entering without notification/permission) and the tenant has no option but to change the locks.

chanz4

Letting agents have no legal power of entry, just because its in a agreement does not mean its enforceable.

Morglin

I would just change the barrel of the lock, and replace it with the original the day you vacate.

Lin

kinger101

pmlindyloo wrote: »

The clause quoted has been deemed unfair by the Office of Fair Trading.

See here:

http://www.propertyinvestmentproject.co.uk/blog/landlords-right-of-entry/

If there is a 24 hours notice written into the clause then that may be deemed reasonable but would also (as I interpret it) if the viewings were conducted too frequently be found to be harassment.

In all instances like this it comes down to common sense.

If you have signed a contract stating that within the last month of the tenancy with 24 hours notice you should permit the estate agent to take potential new tenants round the property then you would be aware of their intention and try to accommodate them.

As already suggested it is a good idea to give times when it is convenient to you but with a degree of flexibility for potential viewers. Too often could be deemed as harassment. EAs entering without permission is definitely a 'no no'.

Unfortunately the outcomes of a charge of harassment by tenant/refusing entry at all when you have signed a contract with such a clause can only be settled in court. By the time this has been done the tenant will usually be long gone.

Unfortunately some EAs and LLs have no understanding of the concept of being mindful that it is the tenant's home and this often results in bad behaviour (entering without notification/permission) and the tenant has no option but to change the locks.

Thanks for this. I guess the tenant needs to raise this with the EA/LL, and come to a position which is mutually agreeable, based on the tenants lifestyle. I think the option of changing locks would be extreme, and should only be used as a last resort if the EA/LL will not negotiate with the tenant.

One or two arranged visits per week would in my mind be "reasonable", but "reasonable" isn't a very useful term for getting things resolved over the short term, as it means different things to different people.

pmlindyloo

I agree that this is all about negotiating a reasonable outcome in normal circumstances.

However in the OP's case it appears that the EA has already entered the property without giving notice/receiving permission. This in itself raises concerns and suggests that the EA have no idea of the rights and wrongs of the situation.

In this situation I was would be very cross. It is not up to the tenant to 'instruct' the EA/LL about the procedures. They are running a business and should be professional in their dealings with it.

Personally, as well as writing to the EA and LL stating my disquiet I would be demanding 24 hours notice and giving convenient times for viewings. I would also change the locks now and only allowing viewings whilst someone was present.

It is the fact that the EA has no idea of the procedure that would concern me most and I would be taking no risks that this would happen again. I consider it a form of trespass if permission is not given unless it was an emergency.

freeisgood

I would be livid! They have to at least tell you strangers are going to be entering your home.

G_M

mrginge wrote: »

Not if the landlord has a court order, allowing them access under their statutory or contractual rights.

Indeed. This is the crux of the matter.

If a tenant refuses access, or in my earlier words, contests the LL's contractual right of access on the grounds of his common law right to QE, then the LL's only option is to seek a court order. Then and only then, can the LL enforce his right of entry.

But in practice this would take longer than the tenancy has left to run, thus allowing the tenant to deny access till he vacates.

And because of this, LLs going to court to gain access for viewings are as rare as tenants inviting their LL to Christmas dinner.

As others have said though, the ideal solution, as with most things in life, is a compromise. An amicable discussion about reasonable, timed viewings, followed by a confirmatory letter.