Permission to view when on market

nndh1_2

Hi, I'm a tenant who just a few days ago handed in my notice to move out of the property. I received a voicemail yesterday saying a viewing had been arranged for 10.30 this morning. This wasn't convenient at all and I emailed back at lunch time yesterday to say so but offering an alternative in a couple of days time.

Anyway the email apparently wasn't received. We had the embarrassing job of telling the family who wanted to view our property they couldn't come in because we hadn't agreed (plus house a mess etc). Also when speaking to letting agent they told us they had keys so would have let themselves in!! Feels a total invasion of privacy, what if we'd been in bed or something!

That aside, I'd like to know if I hadn't got back to the letting agency because I was busy or didn't pick up the voicemail, can the letting agent enter my property for viewings because they left a voicemail 24 hours prior or do they have to wait until they have some kind of ok from me? I was furious to be honest!

Rambosmum

If the landlord provided written notice, 24 hours before and it was him only (or with tradesmen/ repair people) then you'd have to agree but verbal notice for strangers is different. You have to allow 'reasonable access' if the property is being sold/ put on market, but that includes a degree of flexibility from you, and from them - e.g. you agree to it, but not necessarily exactly when they want.

The landlord/ letting agent/ estate agent cannot let himself in without reasonable cause/ emergency. And a viewing is not that.

mrginge

pretty much most of post #2 is made up.

G_M

What does your tenancy agreement say about viewings at the end of the tenancy?

I should write to the landlord (cc the agent) politely agreeing to facilitate viewings in accordance with the TA (whatever it says) subject to receiving 24 hours written notice.

Depending what the TA says (it may say nothing) you might also request that viewings only take place at specific days/times (eg weekday evenings 6 - 7 or whatever you prefer), and either in your presence (if you want) or in you absence (if you prefer).

You could consider changing the locks, keep the old one to replace when you leave.

Much depends on your TA, but as a general rule, reaching an amicable compromise between protecting your family life/privacy and facilitating the LL in his understandable wish to secure new tenants, is the best solution.

nndh1_2

Hi everyone,
Thank you for your responses.

The contract states they must give 24 hours notice, which they did send a email and leave voicemail, but I just want to know if we haven't responded to any of their methods of contact within those 24 hours do they then have the right to just turn up anyway and then either expect us to do the viewing or if we're not home just let theirselves in along with the people viewing? This is what they were going to do...surely they can't just come in with a bunch of strangers when we've not got back to them to confirm this time suited us?

Just to clarify this was going to be our first viewing, we'd only given our notice 3 days prior and the agent hadn't given us any choice of suitable times/days etc.

mrginge

Does the contract say they must give you notice or that they must ask you for permission?

In reality, if you've given notice and changed the locks then there's not much the LL will be able to do before you leave anyway.

nndh1_2

Hi, thanks for your reply.

No it just says they must give us 24 hours notice for viewings, but it's not clear if we have to respond to them in order for the viewing to go ahead, or because they've given 24 hours notice they can just waltz right in regardless of whether we've returned their call/email....

I'm not interested in changing locks etc, I don't want to be difficult, I just don't appreciate they were going to let theirselves in without our go ahead.

Innys1

nndh1 wrote: »

Hi everyone,
Thank you for your responses.

The contract states they must give 24 hours notice, which they did send a email and leave voicemail, but I just want to know if we haven't responded to any of their methods of contact within those 24 hours do they then have the right to just turn up anyway and then either expect us to do the viewing or if we're not home just let theirselves in along with the people viewing? This is what they were going to do...surely they can't just come in with a bunch of strangers when we've not got back to them to confirm this time suited us?

Just to clarify this was going to be our first viewing, we'd only given our notice 3 days prior and the agent hadn't given us any choice of suitable times/days etc.

What if you never ever got back to the LL? Following your logic, because you had never agreed, they couldn't show the property to prospective tenants.

Bear in mind that if you make it difficult for the LL to conduct viewings, they may well retaliate by unnecessarily holding back some of your deposit. Yes, you'd get it back eventually, but probably only after going to arbitration.

Do you need that aggro, simply because you want to have your say when viewings are conducted?

Your choice, but unless you're running some kind of skunk farm, is it really a big deal?

G_M

nndh1 wrote: »

Hi, thanks for your reply.

No it just says they must give us 24 hours notice for viewings, but it's not clear if we have to respond to them in order for the viewing to go ahead, or because they've given 24 hours notice they can just waltz right in regardless of whether we've returned their call/email....

It's perfectly clear.

It does not say they need to seek your consent. It does not say they need to await your response. It says they need to give you notice.

They gave you notice.

However I should still contact them and agree a mutually acceptable approach. It is not unreasonable to ask them to seek your agreement, and give you the opportunity to suggest an alternative time.

Suggesting a regular timeslot makes it easier for everyone. If you will know there may be viewers every Saturday morning (or whatever) you can plan around this. And they know the you will be expecting them.

nndh1_2

Ok well you don't know my circumstances at all...

My letting agent knows me enough to know I pay my rent on time, let people in to carry out repairs, 3 monthly inspections etc.

I did actually email to say today wasn't suitable but all day Tuesday was absolutely fine...they didn't pick up the email.
There are no skunk farms etc., I work difficult hours and also in the middle of moving business premises, plus I had no time to tidy up (I have some pride!).

I've had to wait 3 weeks to view properties in the past (which I think is very unreasonable, simply because the tenant hasn't got back to the letting agent). Whereas my letting agent gave 24hours and not a second longer before they were going to let theirselves in. To me that's just a poor way to treat tenants. Hardly as though I've been difficult, just a very very busy couple of days for me.

Just to add, I'm not here for judgement on how I run my life, just simply to know my rights.

G_M

nndh1 wrote: »

Just to add, I'm not here for judgement on how I run my life, just simply to know my rights.

which you now know.