Landlord's right to entry when on night shift?

nottRobin

My wife is a doctor (anaesthetist), she's on night shifts all this week, and it's really tiring her out - she desperately needs her sleep.

We're moving out of our property in 10 days, and our letting agent just gave us about 26 hours notice that she wants to do a viewing at 1pm tomorrow, which is bang in the middle of my wife's sleeping time.

I believe that technically a landlord is allowed to schedule visits, without permissions, at "reasonable times of day" as long as they give over 24 hours' notice.

Are there any special cases for people who work nights? And what if my wife decides to just be asleep anyway? It's not going to impress any prospective tenants if there's someone asleep in the master bedroom. What's our legal position here?

Mallotum_X

You have the right to refuse, however I would go down the friendly approach and explain as you have said here your wife is on nights and will be sleeping, can they arrange it for when she isn't sleeping.

BitterAndTwisted

The at least 24 hour's notice is a REQUEST, not an order to make the property available. You can deny any access for viewings at all if you wish BUT you must put that to the agent IN WRITING. If you're feeling generous you could suggest alternative days and times when it would be convenient.

Once you've denied them access for this particular viewing your wife should ensure that the doors are double-locked from the inside. Many agents believe they have an inalienable right to enter as and when they choose and don't take kindly to being told that they don't, so there's a strong chance that they will show up anyway.

nick12

What does your tenancy agreement say?

If it's not covered explicitly in the TA Landlord's can legally gain access with 24 hours notice to carry out maintenance (or to inspect with a view to carrying out maintenance).

For viewings I don't think a tenant is under any obligation to allow access (unless the TA explicitly states otherwise).

dimbo61

Tell them NO 1pm is not OK but 9.30pm is OK.
See how many agents want to do viewings out of office hours

Out,_Vile_Jelly

As advised, start by politely explaining the situation and offering alternative times/days. Hopefully you only need to worry about rights/lock changes if the LA are unreasonable in their response. Any potential tenant/buyer is going to be mortified if they've disturbed a sleeping health-worker and it would make the agent look extremely unprofessional.

Do you put a note up by your doorbell/knocker stating "doctor on night shifts asleep"? That should stop annoying cold callers disturbing her too.

Lily-Rose_3

Simply explain the situation politely, and say that early evening will be best, as they will not be able to gain access any time before that.

If you and your wife were at work during the day/afternoon hours, they wouldn't be able to gain access then, would they?

19lottie82

nick12 wrote: »

What does your tenancy agreement say?

If it's not covered explicitly in the TA Landlord's can legally gain access with 24 hours notice to carry out maintenance (or to inspect with a view to carrying out maintenance).

For viewings I don't think a tenant is under any obligation to allow access (unless the TA explicitly states otherwise).

It doesn't matter a dot what is in the TA.

It could be written that the T's must dance to the Macarena every Wednesday between 3-4am, but that doesn't mean they have to do it!

Just because a LL adds a clause to the TA, doesn't mean it's legal and / or enforceable.

nottRobin

Lily-Rose wrote: »

If you and your wife were at work during the day/afternoon hours, they wouldn't be able to gain access then, would they?

They actually would because they have a key.

Yeah we are of course trying to resolve this amicably, but if they insist, are you sure we legally have the right to refuse access? Does anyone have a reference showing that they're not allowed to access the property without our permission for viewings?

RAS

If you search this forum for "quiet enjoyment", you will find a number of rows about this issue.

One group argue that all tenants are entitled to quiet enjoyment which means they can refuse all visits. The others consider that if the contract says they must allow access, then the LL can enforce their rights.

But it would need a court case to decide the issue.

SerialRenter

RAS wrote: »

But it would need a court case to decide the issue.

Good advice, but frankly, it's all very theoretical and i've not actually heard of such a case getting to court. (if anyone has, please link, i'm interested to read about it)

Armed with that, if the Landlord does decide to let themselves in when you've not given them permission, or negotiations break down, i would change the locks and not give them a key.

Of course, keep the original lock so it can be reinstalled when you do leave.

But yes, resolving it amicably is the desirable option.