LL keeps arranging viewings without notice

bmunky7

I would definitely change the code. I don't think you have anything to worry about, particularly as you have been reasonable permitting access with 24 hours notice.

sartois

nick12 wrote: »

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).

The LandLord in this particular case is also the Letting Agency... they are an Estate Agents but this is one of the properties they own. I would expect for this reason they try harder to rent these out than others, as well as the fact it's a 3 minute walk from the EA!

TBagpuss

I would change the code, and then *write* to the agency reminding them that you have previously made clear that you are happy to facilitate viewings but require them to:
- contact you via text or email as phone calls are disruptive at work
- provide a *minimum * of 24 hours notice and preferably 48

State that you are writing as they have ignored your previous requests and they have behaved inappropriately in threatening to let themselves into your home despite having been told that the proposed time is not convenient *and* having been offered a reasonable alternative.

Then change the code. When you do agree viewing, change it back for the day of the viewing only, so that they can only obtain access on the days when you have agreed this.

nick12

sartois wrote: »

The LandLord in this particular case is also the Letting Agency... they are an Estate Agents but this is one of the properties they own. I would expect for this reason they try harder to rent these out than others, as well as the fact it's a 3 minute walk from the EA!

In that case ignore me and change the code!

sartois

So I have just spoken to the EA/LL and have learnt 4 new things from them:

1. They only have to give me 24 hours notice that they are coming over and they can enter whether I have granted permission for them to do so or not.

2. I have no right to be there when they come over and if I say no then that is not relevant - they have the right to do viewings as per tenancy agreement.

3. If I don't want to allow them to have viewings that's fine but I have to pay a 'void' period.

4. They are not willing to compromise as I offered them the opportunity to arrange viewings for 1 or 2 nights a week when I am there but that is not acceptable to them and they insist on going in whenever they want as long as I give them 24 hours notice. I was informed they have a large mortgage on the property that needs paying as the reason for this.

I can only come to 2 conclusions following that conversation:

1. They think I am a bit soft in the head.
2. They think that I do not know how to change the code to the front door.

RAS

sartois wrote: »

So I have just spoken to the EA/LL and have learnt 4 new things from them:

1. They only have to give me 24 hours notice that they are coming over and they can enter whether I have granted permission for them to do so or not.

2. I have no right to be there when they come over and if I say no then that is not relevant - they have the right to do viewings as per tenancy agreement.

3. If I don't want to allow them to have viewings that's fine but I have to pay a 'void' period.

4. They are not willing to compromise as I offered them the opportunity to arrange viewings for 1 or 2 nights a week when I am there but that is not acceptable to them and they insist on going in whenever they want as long as I give them 24 hours notice. I was informed they have a large mortgage on the property that needs paying as the reason for this.

I can only come to 2 conclusions following that conversation:

1. They think I am a bit soft in the head.
2. They think that I do not know how to change the code to the front door.

Bonkers

The other possibility is that they are completely ignorant of the law?

Given that Estate Agents need no legal training in order to set up, that is just possible.

More maybe they are just greedy?

Is your deposit correctly secured?

sartois

RAS wrote: »

Bonkers

The other possibility is that they are completely ignorant of the law?

Given that Estate Agents need no legal training in order to set up, that is just possible.

More maybe they are just greedy?

Is your deposit correctly secured?

I know! Guess I am glad to be getting out of this renting game.

She is now sending me texts with the times she is bringing tenants round tomorrow. She is not even asking if it's ok... just simply stating facts of when she will be there with random people

The deposit is correctly secured... I have little doubt I will be disputing an outrageous bill for refurbishment, lack of replacement tenant costs etc!

Kevie192

Why don't you leave your dirty pants all over the place, make sure it smells awful and sends those viewing it packing?

When they ask you to tidy up, just tell them you were only prepared to tidy for the arranged viewings...

Annie1960

jjlandlord wrote: »

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

Not true. One of the principles of the DPA is that any data that is collected and stored must be done only for purposes that have been agreed with the subject. In this case, the subject is now withdrawing their consent for the EA to hold the data, so the EA must remove it from their records.

rpc

sartois wrote: »

2. I have no right to be there when they come over and if I say no then that is not relevant - they have the right to do viewings as per tenancy agreement.

Don't you ever wonder what happened to the £100 you left on the coffee table? Personally, I think any LL or LA who carries out viewings without the tenant present is leaving themselves open to all sorts of problems.

They also can't stop you putting pornographic posters up inside the property should you find yourself attracted to that kind of 'art'

4. They are not willing to compromise as I offered them the opportunity to arrange viewings for 1 or 2 nights a week when I am there but that is not acceptable to them and they insist on going in whenever they want as long as I give them 24 hours notice.

This is where "reasonable" comes into play. It might be unreasonable for you to deny all access. It is almost certainly unreasonable for them to demand access whenever they want. If they are being unreasonable (so far as the man on the Clapham omnibus is concerned) then you do not need to accommodate them.

It would be useful to see the wording of the clause in the tenancy - these are often unfair. An unfair term is unenforceable.

Stop answering the phone to them at work. I'm pretty sure voicemails don't count as "giving notice" so you should be able to defend against a claim for losses if that's all they do.

My inclination would be to stop all access (in writing, followed by changing the code) except for viewings at mutually agreed times. At the very least, written notice delivered to the property 24 hours in advance should be required and not this telephone badgering.

If they want to charge a "void fee" which sounds contrived and not representative of alleged real losses, then let them try it on with ADR or the county court.

I was informed they have a large mortgage on the property that needs paying as the reason for this.

Irrelevant.