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The main thing is our landlord told us he will be with the agent todayYou are making assumptions.
There is nothing to suggest that being accompanied was a condition of the viewing.
If permission was given as stated, the LL should have contacted the tenant if he wasn't going to be with the EA.0 -
Yes it is. It is a document which once signed by both parties becomes legally-binding under contract law.Let me clarify for you, since you to not comprehend the law very well.
Your document, is not legally binding by it's very existence.
Indeed, a Tenancy Agreement cannot have within it an exemption or direction regarding breaking the law as defined in legislation.It is a contract which is governed by law. It's terms are agreed between two parties. The terms are subject to the law, so you could not put in for example, you may punch the tenant in the face on the 15th of every month.If you one party decides to not be held by the terms of the contract the other party may ask a court to issue a legally binding court order, which may enforce the clause. Until that point what u have is a disputed contract.
And where have I said differently - you've simply added some relevant detail.
Just because the cops might not bother to detect you speeding, or might not bother catching you if they do, does not make it any less of an offence.0 -
It would seem that this is a controversial area amongst actual housing professionals.
On the one hand, legislation provides for quiet enjoyment, and stipulates that the LL has rights of access for repairs and inspection with 24 hours notice, or immediately in the case of an emergency.
On the other hand, a clause expecting provision to be made by the Tenant for viewings at the end of the tenancy is common in most Tenancy Agreements.0 -
Cornucopia wrote: »It would seem that this is a controversial area amongst actual housing professionals.
On the one hand, legislation provides for quiet enjoyment, and stipulates that the LL has rights of access for repairs and inspection with 24 hours notice, or immediately in the case of an emergency.
On the other hand, a clause expecting provision to be made by the Tenant for viewings at the end of the tenancy is common in most Tenancy Agreements.
Right of access doesn't mean having a key to the property, you sir/madam are an imbicile who is making stuff up as you go along, good day to you.0 -
Quiet enjoyment is not absolute.
If a clause gives the landlord a right of access, and that right is reasonable and exercised reasonably, then it does not breach the covenant of quiet enjoyment.
Regarding access for repairs and inspections, note that the word used to describe what the landlord must do is 'give notice' not 'ask permission', which is reasonable since the clause gives the landlord a right of access (tenant has accepted it).
Now, regarding keys, even if the contract states that the tenant must give a key to the landlord it is not clear what loss could result from a breach.0 -
The most obvious loss is the need to obtain a Locksmith and/or new locks when the Tenant departs without handing the (new) keys back.
One of my properties has something like 12 locks. Replacing those without access to the keys would be a significant expense.
Perhaps the answer to this is an escrow service for keys. But I've never heard of such a thing. Maybe that's because most people are reasonable and have at least a basic level of trust with the other party?0 -
specialboy wrote: »Right of access doesn't mean having a key to the property, you sir/madam are an imbicile who is making stuff up as you go along, good day to you.
How to make friends and influence people... not.
Where does it say in my post that my comments relate to keys?0 -
Cornucopia wrote: »The most obvious loss is the need to obtain a Locksmith and/or new locks when the Tenant departs without handing the (new) keys back.
No. We always recommend that the tenant get new lock barrels only and replace the old ones before they leave. There is no cost to the LL in this situation.
And the tenant can probably use the new barrels in their new property.If you've have not made a mistake, you've made nothing0 -
No. We always recommend that the tenant get new lock barrels only and replace the old ones before they leave. There is no cost to the LL in this situation.
And the tenant can probably use the new barrels in their new property.
Okay, so I should have said "if" the tenant departs without leaving keys.0
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