Refusing access for viewings

fearlessuk

LL and agents have been very difficult regarding repairs that are needed to property, blaming each other, waiting on permission etc.

I plan to refuse access for viewings in last 2 months of tenancy.

We are buying our own house, so not bothered about references.

They can't make deductions from deposit for me refusing can they?

RichardTheComic

Hi Fearlessuk - I'm not really sure you can refuse access. Your lease may contain specific terms.

Alarae

I'm pretty sure they can't.

We did this for our tenancy but only because we were unsure when we were leaving and didn't want people viewing a house 3 months before we were going to leave!

The LA did try and wiggle me into some viewings but I put a blanket ban on which they didn't push me on any further (because they couldn't!).

As far as I'm aware they can only deduct from the deposit any issues with the house after you have left. That's not to say the LA won't be extra picky for your check out inventory...

anselld

If there is a term in the contract requiring viewings and you refuse then they could claim for loss due to breach of contract, however it would be difficult for them to substantiate their loss.

Alter_ego

anselld wrote: »

If there is a term in the contract requiring viewings and you refuse then they could claim for loss due to breach of contract, however it would be difficult for them to substantiate their loss.

Isn't that an unfair contract term?

G_M

What does your tenancy agreement say? It is a contract, and (with the exception of any unfair terms, which this probably isn't) can be enforced.

However the LL would probably require a court order to gain access should you bolt the doors. Provided his request was in line with the contract, and was reasonable, a court would probably find in the LL's favour, make an access order (contempt of court if you still refused) and award court & legal costs against you.

Whether the LL would do this, and how long it would take, is another question.

As for the deposit: again, what does the tenancy agreement say the deposit is for? It is possible that financial losses incurred by the LL as a result of breaches in the TA could be claimed by the LL. How the LL would quantify those losses is another matter.

rosie383

I know you say they have been awkward about not doing repairs etc, but if there is a clause that means you have to allow viewings, would it be a really big hardship? Different when you are selling your own home and you want it to be spotless etc, but as tenants you don't need to bother. A quick ten minutes here or there, obviously only at times that don't put you out too much.

G_M

Alter_ego wrote: »

Isn't that an unfair contract term?

No. Perfectly normal and perfectly fair at the end of a tenancy.

fearlessuk

I keep reading that the term "must allow acces for viewings in last 2 months with 24 hours notice" breaches the quiet enjoyment clause.

If they repaired the property and hadn't made the last 4 months of my life difficult and stressful i'd not hesitate in allowing viewings.

G_M

ps : the repairs are a seperate issue and you should have dealt with them at the time - there are processes for his.

Retaliatory action (witholding rent, denying access etc) is not the way to go.

Two wrongs don't make a right.

G_M

fearlessuk wrote: »

I keep reading that the term "must allow acces for viewings in last 2 months with 24 hours notice" breaches the quiet enjoyment clause.

You may have read this, but it does not make it true.

Now if the LL /agent conducted daily viewings, or did so consistnatly at times they knew to be inconvenient, yes that could be a breach of QE.

A reasonable number of viewings, with advance notice, is not a breach of QE.