LL keeps arranging viewings without notice

RAS

There is a substantial amount of discussion on this forum regarding the clash between the tenants right to quiet enjoyment and the landlords rights written into contract.

jjlandlord routinely supports the view that the landlord has the right to enforce the rights written into the contract. Others routinely support the right to quiet enjoyment.

In an individual case it would be for both to enforce their rights through the court if they cannot agree amicably.

I am not aware of any case where a landlord has successfully enforced the right for access to view during a sale although I believe that the courts have support a landlord's right to access for the purpose of undetaking Gas Safety checks.

The best thing is to change the code and then let the LL decide whether they want to enforce their rights. You will be out before they even get near a court.

If you want to be nice, agree one or two specific times each week when you will agree supervised viewings.

jjlandlord

RAS wrote: »

jjlandlord routinely supports the view that the landlord has the right to enforce the rights written into the contract. Others routinely support the right to quiet enjoyment.

No, what I routinely do is to point out the legal view, which is that the right to quiet enjoyment is not absolute and can be restrained by the tenancy agreement, as long as it is reasonable.

If there is a reasonable clause giving the landlord a right of access, then it is valid.
The issue of course is that it is not easy to enforce, court order and all that. But a landlord could also just seek compensation for his loss consequential to the breach.

RAS

jjlandlord wrote: »

The issue of course is that it is not easy to enforce, court order and all that. But a landlord could also just seek compensation for his loss consequential to the breach.

could - any examples of when this has actually happened?

sartois

RAS wrote: »

There is a substantial amount of discussion on this forum regarding the clash between the tenants right to quiet enjoyment and the landlords rights written into contract.

jjlandlord routinely supports the view that the landlord has the right to enforce the rights written into the contract. Others routinely support the right to quiet enjoyment.

In an individual case it would be for both to enforce their rights through the court if they cannot agree amicably.

I am not aware of any case where a landlord has successfully enforced the right for access to view during a sale although I believe that the courts have support a landlord's right to access for the purpose of undetaking Gas Safety checks.

The best thing is to change the code and then let the LL decide whether they want to enforce their rights. You will be out before they even get near a court.

If you want to be nice, agree one or two specific times each week when you will agree supervised viewings.

Thanks RAS...the thing is I have been flexible. I know I am not around much so told them that as long as they give me 24 hours notice then I would be ok with them going in without me there. The problem is that the estate agents is around the corner from where I live, so every time someone walks in their door, they want to show them the place I live in.

When I say it would be ok tomorrow but not today, then they start to argue that they will be brief , will supervise etc, as though I have known them for years and can be trusted around my stuff. After I put the phone down then within 5 minutes they manager of the EA rings to convince me to let them in. I have been in meetings all morning so only when I heard the voicemail did I learn that they were going in regardless of whether I agreed it or not.

It's the constant phonecalls at work (I have quite a big workload at the moment) that are also bugging me... my requests to communicate over email/text have also gone unheard as their default is to ring...

Even a few specific times each week would be an inconvenience as I am not there before 10pm (and I don't really want people viewing it then) and the weekends I stay at my girlfriends place, so that would also be inconvenient... but they cannot be trusted with the code so as long as I am not breaking any laws and cannot be sued then I will not be letting them do any more viewings.

jjlandlord

RAS wrote: »

could - any examples of when this has actually happened?

Yes, 'could' because I don't make reckless generalisations like 'ignore everything, change the lock', though I know that this is the kind of advice people like to get.

You must know that it is not easy to get transcripts for county court cases and simple money claims.

sartois

jjlandlord wrote: »

No, what I routinely do is to point out the legal view, which is that the right to quiet enjoyment is not absolute and can be restrained by the tenancy agreement, as long as it is reasonable.

If there is a reasonable clause giving the landlord a right of access, then it is valid.
The issue of course is that it is not easy to enforce, court order and all that. But a landlord could also just seek compensation for his loss consequential to the breach.

Even when they lost their ability to access the place as they went in without notice in writing or permission? Is asking for 24 hours notice unreasonable?

nick12

LL may have rights but all rather academic given the time OP has left in the property (i.e. LL wouldn’t have time to enforce any rights anyway).

Agree with others for the most part however this could be the Agent acting poorly without the LL’s knowledge and of course the LL will be impacted if you don’t allow viewings. So you may want to consider this before simply not allowing any viewings.

I've been in a similar situation and the LL had been very good to us so despite the disrespectful prat of an agent we discussed with the LL and agreed convenient times for viewings (along with a requirement for 24hrs notice).

RAS

Write to them quoting the Data Protection Act and advise them formally that they are to remove your phone number from their records and that if they ring you again, you will make a formal complaint to the Information Commissioner.

sartois wrote: »

It's the constant phonecalls at work (I have quite a big workload at the moment) that are also bugging me... my requests to communicate over email/text have also gone unheard as their default is to ring.

Point out that you are forced to do this because they have not co-operate with your request that the communicate by e-mail/text and they are adversely affecting your work.

jjlandlord

RAS wrote: »

Write to them quoting the Data Protection Act and advise them formally that they are to remove your phone number from their records and that if they ring you again, you will make a formal complaint to the Information Commissioner.

Come on, the lettings agent/landlord has the right to hold on to these data as long as it is reasonably needed. Presumably that's until the tenancy has ended and all potential claims have been settled.

But, harassment is a criminal offense, and constant phone calls even after being told to stop starts to look like harassment to me. So OP should complain in writing on that ground, IMHO.

PasturesNew

jjlandlord wrote: »

Come on, the lettings agent/landlord has the right to hold on to these data as long as it is reasonably needed.

IF ... IF ... they ever bothered to even register, which can be checked. https://ico.org.uk/esdwebpages/search

Yes, I'm just joining in now "to be an 4rse" and "for the sake of it"


(Note: if the EA is part of a group you might need to toss in a variety of postcodes to check).