help with letting agent wanting access to market house

journeymanpro

Hello

I need some advice regarding a concern I have.

We have been renting the same property for 4.5 years now on a periodic tenancy. The agent served a valid s21 for us to move out on or by the 28th April 15 as the landlord wants to sell the property. We have somewhere else to go so gave our one months notice in return with a move out date of 28th maRch.

Today, the agent has left a message on my partners answerphone stating they need to visit the property in order to prepare sales details etc. I rang the agent back and they are saying they have a legal right to enter the property with or without us Within the last 28 days of the tenancy. Is this correct?

As far as I am concerned they are not entering the property until the day of our checkout as we are already being accomodating by leaving a month earlier than we have to. The property is in good order but could do with a good clean up which we had planned to do before moving out. It's also a bit of a mess as we have furniture split down ready to move and such like.

BasicalLy, am I within my legal rights to refuse entry?

Thanks in advance.

Foxy-Stoat_3

Yes. It will take then longer than 28 days to get legal entry through the courts.

Guest101

journeymanpro wrote: »

Hello

I need some advice regarding a concern I have.

We have been renting the same property for 4.5 years now on a periodic tenancy. The agent served a valid s21 for us to move out on or by the 28th April 15 as the landlord wants to sell the property. We have somewhere else to go so gave our one months notice in return with a move out date of 28th maRch.

Today, the agent has left a message on my partners answerphone stating they need to visit the property in order to prepare sales details etc. I rang the agent back and they are saying they have a legal right to enter the property with or without us Within the last 28 days of the tenancy. Is this correct?

As far as I am concerned they are not entering the property until the day of our checkout as we are already being accomodating by leaving a month earlier than we have to. The property is in good order but could do with a good clean up which we had planned to do before moving out. It's also a bit of a mess as we have furniture split down ready to move and such like.

BasicalLy, am I within my legal rights to refuse entry?

Thanks in advance.

Lets forget 'legal rights' for the moment.

You can physically change the locks.
The LL / LA cannot change them back without risking a huge claim for harassment and a breach under the protection from eviction act.
It will take longer than 25 days for them to go to court to get the court to tell you to change the locks back.
.....

Conclusion change the locks. and tell the agent that the response to their request is the same as given in: arkell vs. pressdram


- OR

be courteous, arrange access for them, and make it clear that you will be leaving in 25 days. The LL may wish to sell, but it is your home for that time. If the LLs wishes to actively sell, IE have viewings, then they should knock off some of the rent (30% i think is reasonable) but really it depends on the number of viewings.

theartfullodger

You are in a VERY strong negotiating position.

A s21 notice does not end a tenancy nor require a tenant to leave: It merely permits a landlord to start court possession proceedings on expiry: Likely a couple of months or more.

If landlord wants to sell then being delayed will be a big, expensive, deal for him. In your shoes I would contact landlord direct & enquire for how much he would be willing to guarantee your going by any particular date: It's only "free enterprise" so what's wrong with that eh??

However, if all goes wrong you may have court fees (say £280) & no reference.

And many, many s21s are invalid anyway.

Cheers!

45002

journeymanpro wrote:

Hello

I need some advice regarding a concern I have.

We have been renting the same property for 4.5 years now on a periodic tenancy. The agent served a valid s21 for us to move out on or by the 28th April 15 as the landlord wants to sell the property. We have somewhere else to go so gave our one months notice in return with a move out date of 28th maRch.

Today, the agent has left a message on my partners answerphone stating they need to visit the property in order to prepare sales details etc. I rang the agent back and they are saying they have a legal right to enter the property with or without us Within the last 28 days of the tenancy. Is this correct?

As far as I am concerned they are not entering the property until the day of our checkout as we are already being accomodating by leaving a month earlier than we have to. The property is in good order but could do with a good clean up which we had planned to do before moving out. It's also a bit of a mess as we have furniture split down ready to move and such like.

BasicalLy, am I within my legal rights to refuse entry?

Thanks in advance.

Yes ..................

G_M

What does your tenancy agreement say You agreed to this when you signed it.

you are also being unreasonable. You are not

being accomodating by leaving a month earlier than we have to.

a) you don't have to leave on expiry of a S21 and
b) you are leaving when you chose to leave (ie on the basis of your own notice)

Apart from that, it is also perfectly reasonable to expect the landlord to want to prepare for your departure, provided he too is reasonable.

Reach a compromise whereby you accept occassional, limted access, at times convenient to you. Your home life is interrupted minimally, and the LL's access is controlled.

I never understand why these scenarios have to be confrontational. Try communicating and compromising.

journeymanpro

I don't want to be too awkward but we are not comfortable having anyone in until we have left. We do need to consider the deposit they currently have of ours though. We have also given notice, does that override the s21? I have checked the recieved s21 and it looks to be valid.

A reference is not needed as we are moving in with family to allow us to save for a mortgage deposit.

Would it be wise to change the locks for now and refit originals on departure?

journeymanpro

We also never recieved a copy of the contract. I should of chased it up I know. All we have is the invetory and the pi info for deposit.

G_M

If your own notice is correctly served it is legally binding on both parties and ends the tenancy.

A S21 is not a notice to quit so does not end a tenancy.

Interesting thought...:

If a tenancy agreement specifies that the deposit can be used for any llandlord losses resulting from a tenant breaching the terms of the contract, can the LL make deductions from the deposit for his consequentil costs if the tenant denies access in contravention of the tenancy terms ie that LL can have access, in the last, say, 28 days of the tenancy, following 24 hours written notice............


:think:

mrginge

G_M wrote: »

Interesting thought...:

If a tenancy agreement specifies that the deposit can be used for any llandlord losses resulting from a tenant breaching the terms of the contract, can the LL make deductions from the deposit for his consequentil costs if the tenant denies access in contravention of the tenancy terms ie that LL can have access, in the last, say, 28 days of the tenancy, following 24 hours written notice............


:think:

What consequential losses are you thinking of and how would their existence be proved?

G_M

I guess I'm thinking of delays in marketing and hence lost rent. Could also be charges made by, say a letting agent or Valuer for an abortive visit if the locks were changed.

No real idea how you'd prove, but that's a supplementary question. If the issue is accepted at law, then it is for a court to assess the evidence as to proof.