Landlord selling flat mid-tenancy: refusing viewing access?

Guest101

oceanscape wrote: »

Then you should dust up on your understanding; the landlord has NO RIGHT to enter without permission unless there is an emergency.

He does have your permission, written and signed......


Oh and you didn't specify what crime was commited?

LKRDN_Morgan

So you won't allow them during evenings or weekends because it eats into your free time (which is fair enough) but you won't allow them during the week when you're at work because you don't want anyone in the house unaccompanied?

AndyBSG

If your contract says you have to allow viewings after reasonable notice then you're going to find yourself struggling if you outright refuse to allow viewings.

That said, the 'reasonable notice' term is your get out clause because that is completely open to interpretation.

If you don't want viewings to take place without you present then you are entitled to that and if you don't want to give up all of your weekend time to accommodate viewings then you are entitled to that and I think any judge would find it hard to argue that is 'unreasonable'

My response would be to tell the LL and estate agent you will allow viewings one evening per week from say 18.00 to 21.00 providing you are given a minimum of 24 hours notice of any appointments and that you will also allow one Saturday afternoon of viewings every month between the hours of 12.00 and 17.00

Those conditions are restrictive enough to cause both the LL and EA aggravation and keep disruption to your life to a minimum without you actually breaching the condition of your tenancy agreement.

Also, despite people saying that you agreed to it in the contract so it's tough luck, that is actually wrong because if those clauses interfere with your right to 'quiet enjoyment' you can still challenge for damages related to it.

m0bov

You have a tenancy agreement, its not an open door policy. I'd be asking for a cash payment to be present for viewings!

Kalamazoo

At least this thread proves that for every ignorant, greedy, amateurish landlord there's a immature, petulant, childish tenant


Nice to see a bit of balance in the world of property rental.

Bluebirdman_of_Alcathays

AndyBSG wrote: »

Also, despite people saying that you agreed to it in the contract so it's tough luck, that is actually wrong because if those clauses interfere with your right to 'quiet enjoyment' you can still challenge for damages related to it.

Having been on this forum for a while, I think most respondents are aware of the conflict between statutory right to QE, and the contractual obligations the OP finds themselves in. Is it really worth the OP getting into a litigious battle to sort this out, when being reasonable (on both sides!) is all that is required?

m0bov

If I were the op, given the experience of previous viewings, I would offer 9-12 Sat as a viewing window. 24hrs notice, take it or leave it. Chances are the op is going to get a S21 anyway.

Pixie5740

LKRDN_Morgan wrote: »

So you won't allow them during evenings or weekends because it eats into your free time (which is fair enough) but you won't allow them during the week when you're at work because you don't want anyone in the house unaccompanied?

To be fair, the estate agent dragged mud into the OP's home and left a door unlocked so I can understand the OP's reluctance to trust them in the property by themselves.

oceanscape wrote: »

We came back to the patio door left open and a muddy floor!

And these viewings could go on for another 8 months.

FBaby

I really feel for you OP. What a disappointment to agree a 12 months fixed ast, from which you can deduct that if the LL agreed to would mean being able to expect some peace of mind for some months, being able to feel at home even in your rented place, to be thrown in this stressful situation that makes you feel you are not much than a lodger.

What you have to consider though is that the alternative of not working with the LL could mean the house being repossessed and even though that does change your ast, could make it even more stressful.

In your shoes, I would contact the LL and ask to meet with them directly. Explain that you are stressed enough with working FT and the last thing you want is the stress of someone invading your home when you finally get home for some rest and same with weekends. Explain what happened when you allowed a viewing previously.

Then ask some questions (that of course he won't have to respond to, but if he is desperate for viewings...). Find out whether it is made clear to prospective viewers that the place is currently being rented. I would expect that viewings with this knowledge to be fewer with interested parties not so desperate to see the house in the next 24 hours.

Then agree on X number of viewings per week and no more at a specific time. Make it clear that you will continue to keep the place cleaned/tidy to your normal standard (and don't care what others think). Then give a couple of hours on Saturday, when maybe only your OH or you need to be present and make it clear that the arrangement is up for review at any time if it is very much impacting on your life.

Put everything in writing.

Guest101

FBaby wrote: »

I really feel for you OP. What a disappointment to agree a 12 months fixed ast, from which you can deduct that if the LL agreed to would mean being able to expect some peace of mind for some months, being able to feel at home even in your rented place, to be thrown in this stressful situation that makes you feel you are not much than a lodger. - That's totally not accurate. the OP is secure until their 12 month tenancy is up.

What you have to consider though is that the alternative of not working with the LL could mean the house being repossessed and even though that does change your ast, could make it even more stressful. - presume you mean doesn't* (assuming he/she has CTL)

In your shoes, I would contact the LL and ask to meet with them directly. Explain that you are stressed enough with working FT - Like millions of other people, and less than millions of others? and the last thing you want is the stress of someone invading - any need for emotive language? your home when you finally get home for some rest and same with weekends. Explain what happened when you allowed a viewing previously.

Then ask some questions (that of course he won't have to respond to, but if he is desperate for viewings...). Find out whether it is made clear to prospective viewers that the place is currently being rented. - not really pertinent, the buyer is hardly likely to keep a tenant who has been awkward. I would expect that viewings with this knowledge to be fewer with interested parties not so desperate to see the house in the next 24 hours.

Then agree on X number of viewings per week and no more at a specific time. Make it clear that you will continue to keep the place cleaned/tidy to your normal standard (and don't care what others think). Then give a couple of hours on Saturday, when maybe only your OH or you need to be present and make it clear that the arrangement is up for review at any time if it is very much impacting on your life.

Put everything in writing.

I think I agree with the sentiment of your post, which is be reasonable and flexible.


This was suggested right from the start, the OP claims to know 'their rights'