Renting a property, landlord wants viewings

JoshuaH_2

Hi, I am in a tricky situation, quite a stressful one in fact.

I pay in advance for a rental contract, of a six month duration. My landlord previously advised that he was going to sell the property, and emailed to ask if I would mind the agent showing potential buyers around.

I suffer from extreme OCD. I cannot work, and I protect all my belongings within what I would refer to as my 'safe place', which happens to be where I am living. I have real problems with allowing people into the flat, particularly people I don't know.

Last October, not long after the landlord told me about his intention to sell the properties - he owns another in the same block - the agency I have the contract through delivered a letter in person to my letterbox, stating that they wanted to do a viewing and could not contact me by phone. Not sure why they put that because they didn't call! The letter said that they would do a viewing for a buyer, and would enter the property if I was not in. The date on which they wanted to do the viewing was before the date they delivered the letter so I became stressed that they had been in without my permission and delivered the letter later. When I checked with them, they told me that the viewing never went ahead and that the letter was just something they had to officially deliver.

Since then I have spoken to my landlord, advising of the OCD problems, and to the agency. On the new contract this year, I asked that the terms of viewing notice were changed from one day's notice to three days, and that was agreed by the landlord.

There have been no viewings of my flat, although there have been viewings of the other flat. I presume that tenant does not have so many problems with it.

Now, one of the possible buyers has asked to view the flat I am renting. I have tacitly agreed, but am having major doubts about the viewing. It is extremely difficult for me to have anyone in the property to look round, and I really want to say no. I have seen some websites that say it doesn't matter what the contract says, a tenant can refuse access at any point in the tenancy. I don't want to annoy the landlord, as he is friendly. I don't mind if the agency are annoyed because they have already told me in the previous letter that they were going to come in whether I was here or not, which I think is illegal. However, if I do refuse, I think it makes it more likely they will do just that.

Making it more complicated is that in two days I have to sign a new rental contract for another six months!

Can someone give me some advice on what I should do? If I have to allow them in, I will spend about two whole days cleaning the flat with disinfectant etc.. I will have to box everything up and put it out of the way. In some respects I can see myself being pressured into doing this, but in others I think 'why should I?' I would like them to understand the difficulty of my disability and say 'that's fine, we won't do any viewings until you've moved out' but I suspect to them it's all about the money.

Any advice would be appreciated.

Note, I did not post this in the previous viewings thread, because this refers as much to a disability as to the contractual obligations.

CashStrapped

This is obviously a delicate matter and if handled incorrectly can go downhill fast.

Firstly neither the landlord nor the letting agent have the legal right to enter the property without your permission. That is a fact.

However, how you communicate this to them is very important as I am sure you can understand. If a relationship with a landlord goes south, then things can get awkward and legal and no one wants that.

Unfortunately this is an issue you will encounter a lot going forwards with your OCD and it is perhaps best to deal with at the point of signing a tenancy agreement to avoid the issue further down the line. Make it clear at that point that you cannot have other people come to your flat for viewings etc.

In terms of your situation, it seems that if the landlord is selling the property at some point in the future, you will have leave and find alternative accommodation. However, there is a possible solution to your problem.

As the landlord is selling multiple properties in your block, is there another flat in your block with the same dimensions as yours? If it is a modern block there is a good chance of this. If this is the case, perhaps ask the landlord/agent if they can show prospective buyers the other flat but explain that the dimensions and layout etc. are the same. They should inform them that once you have moved out of the property they will get the chance to fully inspect it before completing the sale.

At some point you will need to move out of the property, you cannot go on living there if he intends to sell. So when it gets to that point, he then has the empty flat for the buyers to do a final inspection before completing.

Why is he asking you to sign for a further six months if he intends to sell? Is he not planning to sell for another six months?

But regardless, no one can legally enter your flat without your permission (except in an emergency) do not let the agent nor anyone else tell you otherwise. See link below from Citizens Advice.

http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/common_problems_with_renting.htm#h_the_landlords_rights_of_entry

It is up to you to communicate your situation in the best way possible and come to some form of agreement without it getting nasty.


Good Luck

DaveTheMus

JoshuaH wrote: »

Hi, I am in a tricky situation, quite a stressful one in fact.

I pay in advance for a rental contract, of a six month duration. My landlord previously advised that he was going to sell the property, and emailed to ask if I would mind the agent showing potential buyers around.

I suffer from extreme OCD. I cannot work, and I protect all my belongings within what I would refer to as my 'safe place', which happens to be where I am living. I have real problems with allowing people into the flat, particularly people I don't know.

Last October, not long after the landlord told me about his intention to sell the properties - he owns another in the same block - the agency I have the contract through delivered a letter in person to my letterbox, stating that they wanted to do a viewing and could not contact me by phone. Not sure why they put that because they didn't call! The letter said that they would do a viewing for a buyer, and would enter the property if I was not in. The date on which they wanted to do the viewing was before the date they delivered the letter so I became stressed that they had been in without my permission and delivered the letter later. When I checked with them, they told me that the viewing never went ahead and that the letter was just something they had to officially deliver.

Since then I have spoken to my landlord, advising of the OCD problems, and to the agency. On the new contract this year, I asked that the terms of viewing notice were changed from one day's notice to three days, and that was agreed by the landlord.

There have been no viewings of my flat, although there have been viewings of the other flat. I presume that tenant does not have so many problems with it.

Now, one of the possible buyers has asked to view the flat I am renting. I have tacitly agreed, but am having major doubts about the viewing. It is extremely difficult for me to have anyone in the property to look round, and I really want to say no. I have seen some websites that say it doesn't matter what the contract says, a tenant can refuse access at any point in the tenancy. I don't want to annoy the landlord, as he is friendly. I don't mind if the agency are annoyed because they have already told me in the previous letter that they were going to come in whether I was here or not, which I think is illegal. However, if I do refuse, I think it makes it more likely they will do just that.

Making it more complicated is that in two days I have to sign a new rental contract for another six months!

Can someone give me some advice on what I should do? If I have to allow them in, I will spend about two whole days cleaning the flat with disinfectant etc.. I will have to box everything up and put it out of the way. In some respects I can see myself being pressured into doing this, but in others I think 'why should I?' I would like them to understand the difficulty of my disability and say 'that's fine, we won't do any viewings until you've moved out' but I suspect to them it's all about the money.

Any advice would be appreciated.

Note, I did not post this in the previous viewings thread, because this refers as much to a disability as to the contractual obligations.

If you're not working at least it gives you something to do...

JoshuaH_2

Thank you for the reply.

Yes, I have spoken to the landlord about my disability, and he instructed the agency to show the flat next door, which is the same but in reverse. Until now that's what they have done. However, the person who viewed that flat is interested in buying both flats and so now wants to view mine.

The buyer is an investment buyer, so apparently my contract would continue with her as the landlady instead of the landlord who owns it now, if it were to be sold before the contract finishes. I have been told this would not be a problem.

What has confused me is similar to the point you mentioned, that my landlord has said to me he would not sell the property until those six months are done anyway, which is what he said last time too, but the agents want to do a viewing next week and he wants that to happen too, which would be just one week into the renewed tenancy. It is possible that it is because it is linked to the sale of the other flat i.e. the buyers wants to buy them both.

Either way, the viewings problem won't disappear. I like the landlord, he is very amiable, so I don't want to cause him problems. Not too pleased with agency it is rented through though, who seem to enjoy making up their rules as they go along.

A possible solution would be for me to show a prospective buyer around without the agent coming in to do the showing around, but I think even that would be tough for me to do.

After the previous letter telling me they were doing a viewing anyway, whether I was in or not, I have constructed a way of knowing whether anyone has been in or not i.e. putting a small block of wood behind the door before I go out but I do hate the thought of what I would do if someone had. I think I would have a nervous breakdown.

Still I just want to say 'no, you can't do viewings' without causing offence. In fact, I want someone to say it for me as it is always so difficult to discuss my OCD.

Another question I do have.. a lot of sites, and your reply, say that they cannot enter the flat without my permission. If I have signed a contract with a viewing notice period etc. in it, does that not count as permission?

franklee

JoshuaH wrote: »

A possible solution would be for me to show a prospective buyer around without the agent coming in to do the showing around, but I think even that would be tough for me to do.

I think this has mileage. If you can think of a way to make it work for you depending on the details of your issues. For example would it help if you supply overshoes like viewings do in new homes? You can buy them from the likes of screwfix etc. I was asked to put these on by an estate agent when viewing a show home with cream carpet. They are essentially disposable plastic with elastic tops. I didn't bat an eye it was fine to do that. Can you agree before the viewing that that they won't touch anything and that if say looking in cupboards is required you will open to doors to show them. Obviously these things may not help your particular issue but perhaps you can think of a plan that will? Once you've met the prospective landlady it might be easier. Do suggest only one viewer at a time though so you can cope, certainly if you are showing the flat there is no need for the agent too.

Also look at your contract, does it say viewings in the last two months of the fixed term or the whole time? The latter sounds a bit much. The terms should be fair. See OFT356 Unfair terms in tenancy agreements to get an idea of what the OFT consider fair.
https://www.gov.uk/government/publications/unfair-terms-in-tenancy-agreements--2

Ultimately you may have to change to barrel of the locks and the landlord apply to court for access. If it goes this far (and I hope it won't) then you should be looking to move. However a written offer from you for viewings on your terms will show you are reasonable. If you explain nicely I don't see why the viewer wouldn't so-operate. The flip side of your issues is I bet you keep the property in good order

Certainly I'd put in writing that you require to be present at all viewings that way you will know what's gone on. You can get a shed alarm for the door if you think they will let themselves in when you are not there or change the lock barrel restoring the origional when you move out,

franklee

JoshuaH wrote: »

Another question I do have.. a lot of sites, and your reply, say that they cannot enter the flat without my permission. If I have signed a contract with a viewing notice period etc. in it, does that not count as permission?

Suggest you have a read of Tessa's landlordlaw blog she is a solicitor specialising in well landlord law:

http://www.landlordlawblog.co.uk/2013/07/23/which-is-the-most-important-legal-rule-re-landlords-right-of-entry/

Note that you need to write to the landlord/agent at the address for serving of notices given in your tenancy agreement to say that you wish to be present for viewings and not to enter without you present etc. If you do not do this then they can come in. Do not rely solely on phone calls as they can be denied/forgotten.

mrginge

CashStrapped wrote: »

Firstly neither the landlord nor the letting agent have the legal right to enter the property without your permission. That is a fact.

It it absolutely NOT a 'fact' so it is incorrect to state so.
Your further comments and link below even contradict that statement.

The OP appears to have agreed to allow access for viewings with three days notice. That is 'giving permission'.
If OP acts to restrict this, they will potentially be in breach of contract. The LL may apply to court to have their right enforced, the OP may argue a quiet enjoyment defence.

OP needs to assess
A. Whether it would get that far.
B. Whether they think such a defence would stand up.
C. What the implications of such action are.

CashStrapped

I am sorry but you are clearly wrong and do not know what you are talking about.

A landlord cannot enter a property without the permission of the tenant! Fact!

The only exceptions to this rule are in case of emergency and with a court order. They do not apply in this case at the moment which is the context of the discussion we were having.

For the purposes of general access, viewings etc. the landlord, agent, whoever, do not have to right to access the flat without permission. Even if a 24hr notice is given, they still need permission and agreement. This is regardless of what agreements have been made in a contract/tenancy agreement.

Whilst the citizens advice link is not the most clear, it does not contradict what I said if you read carefully.

Landlords are not entitled to enter the property without the tenant’s permission. This is a fundamental right tenants have which is included in all tenancy agreements by implication, even if not specifically stated in the tenancy agreement. So if landlords start entering the property without the tenants knowledge or consent, the landlord is in breach of the terms of the tenancy agreement.

Even if the tenancy agreement says that the landlord can go in when he likes. Any clause like this would be void and unenforceable under the Unfair Terms in Consumer Contracts Regulations.

So please do your research before you start giving incorrect information.

Want more detail?

"It is in fact illegal for a landlord or agent to enter their property without agreement from the tenant.

The office of fair trading document oft356 reads as follows:
3.32 We would object to a provision giving the landlord an excessive right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants ‘exclusive possession’ and ‘quiet enjoyment’ of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant’s consent, except for good reason."

The good reason constitutes only cases of emergency (emergency repair, access for emergency services) and/or a court order as previously stated.

SerialRenter

CashStrapped, this has been debated endlessly on this forum, and its far from as simple as you make it out to be.

For example, the OFT guidance you quoted goes on to say the following on the next page:

3.34 A term dealing with rights of entry is unlikely to be challenged if it reflects the ordinary legal position. This recognises that a landlord who is responsible for carrying out repairs to the property needs reasonable access for two specific purposes: firstly, in order to check whether repairs are necessary,19 and secondly, to carry them out.20 Reasonable access means access at
reasonable times, and with at least 24 hours notice in writing, unless there are exceptional circumstances.

It's an excessive right to enter the rented property that the OFT is saying is an unfair clause, not any provision for entry.

Landlords do have a right to entry, but you are correct in saying that it would require the judgement of a court to enforce if the tenant disagreed and prevented entry.

So for all intents and purposes, it may be a practical truth, in that a tenant can probably rely on a landlord not bothering spending the time and money to gain entry.

But in a legal sense, you are incorrect and the landlord does have a right of entry when giving at least 24 hours notice and has the tenants permission in the form of a signed tenancy agreement with a clause allowing entry.

CashStrapped

You are confusing yourself. The clauses your are quoting only relate to repairs (emergency repairs have been discussed). We are talking about viewings and showing the flat to prospective buyers! Your earlier statement about "if access rights are written into the contract then...." is very misinformed. Even with 24hr notice they still need permission. If the tenant has said "no", then the landlord has no right to access. The permission is still key.

The tenant’s denial of permission (from most legal perspectives) trumps any right of reasonable access by the landlord.

http://www.landlordlawblog.co.uk/2013/07/23/which-is-the-most-important-legal-rule-re-landlords-right-of-entry/

A good article which goes into detail of which I am not going to re-type here.

My last word on the subject.[FONT=&quot][/FONT]

chanz4

Rights of entry act does not allow a letting agents access, without your permission