Landlord's right of entry

jangor_2

I am presently renting my former house from my buyer as unfortunately my proposed purchase collapsed. I am due to pay a further months rent from 21st July to 21st August because the solicitor is unable to complete on the new property I have found by the 21st July.

I have just received an email from my landlord querying whether his father can work on the house over the next 2/3 weekends to paint two of the bedrooms. He has also requested I hand the agent a set of keys so that the agent can show prospective tenants around while I am at work.

This has raised several problems. At present I have furniture in the bedrooms and lots of filled packing boxes ready for my move. I also have two dogs (agreed) and it would be very difficult to have strange people wandering around the property, with the dogs at home, while I am not there.

I can only find two entries in the tenancy agreement relating to entry rights, as follows:

"to allow the Landlord or any one with the Landlord's written authority to enter the Property at reasonable times of the day to inspect its condition and state of repair"

"to permit the Property to be viewed at any reasonable time by someone who is or who is acting on behalf of the prospective purchaser, prospective tenant or prospective mortgagee of the premises"

I am desperate to know what my position is and whether I need to comply with these requests.

With thanks.

TheDink

What type of tenancy agreement do you have? With an AST, as the tenant, you are to be provided with "quiet enjoyment" of the property. Any improvement work should have been completed before you moved in (difficult in your circumstances), or after you move out.

To enable the landlord to repaint the rooms, you would have to clear those rooms, which you are living in. I wouldn't think this is a reasonable request as you will have nothing to gain from the improvements.

In terms of viewings, when there are tenants in occupation it's normal to have viewings only when the tenant is present. The agent should still accompany.

I would think that you would be within your rights to tell the landlord that redecorating would cause you a problem and that viewings should take place whilst you are present because of the dogs. Do check the terms of your tenancy though - there may be a clause about access for prospective tenants' viewings.

jangor_2

Many thanks. Yes I do have an AST Agreement. The agreement is between myself and the new owner. I can see the agreement does state "provided the Tenant is paying the rent and observing the obligations imposed in this agreement, the Landlord (think this probably should state tenant) shall be entitled to peacefully hold and ejoy the Property throughout the term without any interruption of the Landlord of any person rightfully claiming through or in trust for them provided that: this clause does not limit any of the rights under this agreement which the tenant has agreed to allow the Landlord to exercise and this clause does not prevent the landlord from taking lawful step to enforce his right against the tenant if the tenant breaks any of the terms of this agreement".

The other two entries are as stated in my original posting.

As this is the first time I have ever rented I am just very unsure of my position and very concerned that I am expected to allow entry to people I don't know without either my knowledge or presence.

olly300

SarahLord the landlord can enter the property at any time when it's not an an emergency as long as:
1. the landlord has given sufficient notice as per the contract
2. the tenant has given their permission as per contract terms

This means the landlord or an agent of theirs can show people round if the tenant has given permission whether they are present or not. Landlords tend to get difficult if you refuse to allow them to show prospective tenants around without a good reason.

Jangor you need to act reasonably so in this case because you have two dogs I suggest you inform the LL that your dogs are not friendly towards strangers and therefore you cannot give them permission to show people round or paint the property in your absence. In addition point out even if it's on the weekend you will be leaving your dogs at home alone when you go out shopping. The reason for this is that if your dogs cause a nuisance towards someone - jump on them, bite them or injury them in anyway you are liable for their behaviour. You should also tell the landlord what days and times you are in so they can show people around.

If the LL starts being difficult just follow up your verbal request in writing as the LL may try and keep your deposit for not allowing them to show people round in your absence or redecorate. (This is illegal by the way but doesn't stop them trying.)

jangor_2

Thankyou for your advice. I am obviously very concerned about strange people coming into the property with my dogs in the house whilst I am at work. With regard to decorating, the bedrooms are full of my furniture and boxes ready for moving and it would mean I would need to try and move everything downstairs into the lounge. This would make the living conditions very unpleasant and I don't know that I would wish to remain here at weekends with decorators wandering in and out and trying to prevent my dogs from escaping!! I am so worried.