Renting a property, landlord wants viewings

Bluebirdman_of_Alcathays

CashStrapped wrote: »

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.

That article is an opinion piece.

Everyone here is offering their opinion.

Until there is a definitive judgement/legislation, all anyone is offering is their 'opinion'. I would go so far as to say the only people definitely wrong are those that punctuate their posts with "that is a fact".

franklee

Bluebirdman_of_Alcathays wrote: »

That article is an opinion piece.

Everyone here is offering their opinion.

So it's a case of choosing whose opinions to listen to. That article is written by a solicitor specialising in residential landlord and tenant law so is as good a source as any and better than most:
http://www.landlordlawblog.co.uk/about/

Aldeney

I'm afraid I don't have any practical advice just wanted to say that I really feel for you. I have social anxiety disorder and our landlord is selling and I'm finding viewings very stressful.

I hope that everything works out well for you.

CashStrapped

That is your opinion.

Because it is a fact based on president and existing law. If the tenant says no, it is that simple! Unless in the case of an emergency repair or court order!

In this specific case the tenant has a right to a quiet life. They are finding the request of the agent/landlord unreasonable and disruptive to their life. They have the right therefore to deny access.

A tenant has the legal right to even change the locks to prevent the landlord for access without permission. I can go on posting links all day.

Guardian Newspaper See Point 9

They cite the National Landlords Association - I assume you feel this is their opnion too.

They state (even for somthing as important as a Gas Saftey Certificate):
My tenant will not allow me to carry out my Landlords Gas Safety Certificate, she keeps saying it is inconvenient, I propose to use my keys to let the gas engineer in next week, is that OK?

NO, I’m afraid it is not. A tenancy gives exclusive possession of a property to the tenant. You can therefore only gain access by invitation. If the tenant still refuses you are able to apply to the courts for an injunction to gain access to your property but generally we would advise serving a Section 21 to end the tenancy. Provided the Court can see you have made regular attempts to carry out the Gas Certificate you would not be prosecuted – therefore keep all paper work."

G_M

Cashstrapped is wrong and should be ignored. The law around access is noy anything like as clearcut as he claims.

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

Even if it were fact (which I dispute), you have granted right of entry by agreeing the 3 days notice in the tenancy agreement.

But it is a pointless argument at this stage (it only becomes relevant if/when it turns into a legal dispute in court).

For now, the answer is to act reasonably, discuss politely, and reach an understanding/agreement.

Clearly
* the landlord needs access for viewings, which is fair and reasonable
* you have persoanl issues, which need to be sympathetically dealt with.

The solution is limited access, at agreed times, with suficient advance warning, either in your presence or absence whichever you find easier.

mrginge

Oh heck, here we go. Another one who thinks that they have an absolute answer to the age old issue of conflicting rights.

They even make themselves look ridiculous by repeating their 'fact' and then saying 'The only exceptions...'
They then cut and paste some generic text from all over the shop to try and justify their basic misunderstanding of the subject.

Argghhh

why not compromise - vacate the property and have a friend / relative be present whilst it takes place? - would this help

JoshuaH_2

Thanks for all the replies. It is nice to know that there are people who understand my predicament. I spoke to the doctor today, who wrote a supporting letter which I can send to my landlord if I decide I cannot do the viewing. I'm not sure what his reaction will be. He seems very friendly, so he may be fine with it, but the agency less so. The suggestion of mentioning the OCD when moving in next time.. I can see where that would be useful, but I think it could majorly limit the possibility of finding a new place. Most landlords would not look favourably on someone who is mentally disabled, and not working, and cannot allow people into the property. Irrespective of equal rights etc. I think they would choose a different tenant.

Just out of curiosity.. I know if I refuse them entry, it would be possibly breaching my contract terms, would you say that they have done that anyway when they previously wrote to me saying that they were unable to contact me, despite not calling or emailing, and were going to enter the property with 24 hours notice as in the contract?

I would have to be there at any viewing. It would be necessary for me to see what they have touched, leaned on, brushed against, where they walked etc.

At the moment I am planning to contact my landlord and say 'this is causing major problems for me. Can it be avoided?' and if the answer is no I shall suggest that I do the viewing, I show the person round the flat, not the agent. The buyer has seen the other flat, they have heard the sales pitch, all they want to do is view this flat, so that does not seem an unreasonable request. If the answer to that is again, no, then I will supply the letter from my doctor and say that I refuse to allow the viewing to be done.

G_M

JoshuaH wrote: »

T
Just out of curiosity.. I know if I refuse them entry, it would be possibly breaching my contract terms, would you say that they have done that anyway when they previously wrote to me saying that they were unable to contact me, despite not calling or emailing, and were going to enter the property with 24 hours notice as in the contract?

What does the tenancy agreement say? I'm guessing "3 days written notice" or similar.

A phone call/email is probobly a courtesy, not a requirement.

JoshuaH_2

It says three days. I insisted that it was changed because of that previous incident.