Entry During Notice Period

tea_n_toast

Thanks, got it now!

I don't think today would count as entering without permission - entering with grudged/forced permission perhaps! She doesn't have a key so fortunately she can't do that.

The worst of this is the fact that she's pleading ignorance to all of this. She surely did some research on selling a house with tenants in tact. There's no way she missed the hundreds of websites telling her how it should be done.

melstar11

Send her the link and ask her to please give you more notice.

kinger101

Phone them and tell them all future viewing are cancelled. Write to the landlord saying viewings are on your terms and not at all, and will no longer be negotiated through the agent. Hopefully the agent loses a customer.

tea_n_toast

She doesn't seem to realise that I am allowed to do this. Yesterday on the phone she pretty much said as long as she gives 24 hours notice she's allowed in.

At this point I'm not wanting to refuse all viewings, just have more say in when they occur but if it comes to it we may need to go down that road.

Marvel1

If she has no key, don't open the door

pmlindyloo

Sorry, about the link, obviously been updated.

Have done some reading on this and as far as I am aware the position is very much the same as in England.

To briefly sum up it is a case of your common right to quiet enjoyment versus the landlord's right to enter the property with 24 hours notice.

The only legislation I can find is about the landlord's right to enter to do repairs and check on the state of the property. Nothing about allowing viewings.

There is also an argument that even if there was a clause in the tenancy agreement allowing entry with 24 hrs notice you could refuse quoting the right to quiet enjoyment.

Ultimately if you refuse then the landlord would have to go to court to get an order to allow entry (particularly if you changed the locks)

So, as with many things in life it is all about negotiation and compromise.

Write/telephone and say you must be given 24 hrs notice and give some days and times when it would be convenient.

Obviously it will depend on whether there is anyone at home during the day (being aware of estate agents opening hours) and/or whether you want to be there for the viewings.

Personally I object very strongly to landlords selling their house with tenants still in place but that is just my view so I would be asking for a reduction in rent for the inconvenience!

Basically it is your choice what you decide to do. There is no legislation that you can quote about your right to quiet enjoyment.

Insist on 24 hrs notice (if that is what you want) and negotiate the rest or refuse all access (might want to think about changing the locks) if that is what you want.

tea_n_toast

Thanks for that!

Yes, most information I've read has pointed to exactly what you've said. I'm just so so wary of saying the wrong thing and ending up in trouble myself.

There's a viewing this afternoon which I will have to allow to go ahead but I'll be drafting up 2/3 times per week that we deem suitable for viewings (with the 24 hours notice) and take it from there. I think that's being fair although she is not going to like it one bit.

They don't have a key atm.

Thanks again.

kinger101

tea_n_toast wrote: »

She doesn't seem to realise that I am allowed to do this. Yesterday on the phone she pretty much said as long as she gives 24 hours notice she's allowed in.

At this point I'm not wanting to refuse all viewings, just have more say in when they occur but if it comes to it we may need to go down that road.

She doesn't need to realize anything. Refusing all viewings that have not been made on your terms gives the same outcome. It's not a negotiation.

You've been told your rights. Sometimes it's up to the individual holding the rights to assert them.

tea_n_toast

Dear ……….

Due to the recent disagreements regarding viewings and after seeking advice from housing charity Shelter we thought it may be beneficial for all involved if we outlined some times when viewings may take place.

We believe that three two hour time slots per week is reasonable. The days and times that we are happy for viewings to go ahead are Monday, Thursday and Saturday between 11am and 1pm. The mandatory 24 hours notice still applies. Doing this means that we have a rough idea of when viewings could come up and it allows us to plan our week accordingly. If you could pass this information onto the estate agents it would be much appreciated.

At this time, we would also like to take the opportunity to make it clear how unhappy we are with the treatment we have received since the house has gone on the market. We have the right to refuse any viewings for which we haven’t received proper notice or are inconvenient for us. On three separate occasions we have been intimidated into accepting viewings after first refusing them.

We look forward to your written response within 7 days.
……….


Have posted previously regarding landlord giving no choice in when viewings are taking place and was advised to write to landlord. Does the above sound ok? We are in Scotland on SAT and no mention in it about viewings. We already have notice. Wanted to add about being unhappy with treatment so it's on record in case we need to take it further in the future. Is there anything I should add or change?

Thanks

Pixie5740

I wouldn't bother with the bit about being happy and being intimidated as it's not really relevant. She doesn't appear to have a key to your home so it's not as though she can just enter whenever she likes...you let her in.