Can I Refuse Landlord Viewings In Last Month of Tenancy?

Bongo567

Hi,

I have medical conditions and suffer with terrible anxiety and panic attacks. I've given my notice and the agency has said what do you want to do about viewings?

My place is a mess due to boxes/bags everywhere and don't feel comfortable with this

Is it possible I can refuse viewings?

sevenhills

Bongo567 wrote: »

Is it possible I can refuse viewings?

It could give you peace of mind, if you get it out of the way.

G_M

Bongo567 wrote: »

..... the agency has said what do you want to do about viewings?

Well that's a good start.

1) what does your tenancy agreement say?

2) why not offer them some options you can live with? eg

a) explain about the mess but if they don't mind showing the place off as a mess, fine (you don't have to clear up - it's your home, for now)
b) viewings at weekends only between, say, 2 & 4 (or whatever) subject to advance agreement
c) viewings on weekday evenings only between, say, 6 & 8 (or whatever) subject to advance agreement
d) something else

Slithery

What does your tenancy agreement have to say on the matter?

IAmWales

You are wanting your landlord to take your last month's rent from your deposit. They don't have to allow this. Why not see if you can meet them halfway, you allow so many viewings in return for them taking your rent from your depisit?

Bongo567

I don't know what my tenancy says but surely the quiet enjoyment rule applies here?

IAmWales wrote: »

You are wanting your landlord to take your last month's rent from your deposit. They don't have to allow this. Why not see if you can meet them halfway, you allow so many viewings in return for them taking your rent from your depisit?

Sounds fair to me, helping each other. I'd be happy with that and offer them that option.

If they want to show people a mess because of bags/boxes it's upto them.

Marvel1

AFF8879 wrote: »

If it's just clutter (boxes, bags, someone clearly in the process of moving) I don't think it would put anyone off, especially for a rental property. Dirt / filfth is another matter...

However it does mater as you still there, as long as it's cleared on your last day of tenancy.

G_M

Bongo567 wrote: »

I don't know what my tenancy says but surely the quiet enjoyment rule applies here?

Sorry - but do you actually have any idea what "the quiet enjoyment rule" is or says?

It gets discussed here from time to time. It gets 'quoted' quite regularly.

Yes, it's a concept in English Common Law (not sure about Scotland). It is not a 'rule'. In simple terms, it says that if you rent some land, or property, you should be allowed to enjoy the use of that land/property without undue interference.

It is not statute law (Act of Parliament), and as such staute law over-rules it.
It is not contract law, so it works alongside a contract (hence our questions about what your tenancy agreement says).
And it is not a hard and fast 'rule', or right - it relies on a test of reasonablenesss.

In the current scenario, it would be considered perfectly reasonable, in the lead-up to the end of a contract, for the landlord to show prospective tenants round. Clearly not every hour of every day (that would be unreasonable and hence breach Quiet Enjoyment) but if done reasonably, and particularly if in line with what the contract said, then a landlord would be perfectly within their rights.

Bongo567

AFF8879 wrote: »

If it's just clutter (boxes, bags, someone clearly in the process of moving) I don't think it would put anyone off, especially for a rental property. Dirt / filfth is another matter...

The carpets are stained due to my puppy peeing on them, but once property is empty I'm going to get them cleaned with a carpet shampoo machine? :money: it's difficult while property is not empty as I have too much stuff !

Oh and there's a bolt on the bedroom door that I promised to take off and paint over (the hole will be covered with paint and tax so you can't see it).

Other than that, I have a lot of things, probably too much for my small place.. so it makes the place look messy/untidy, but I clean/tidy regularly. It's hard with a puppy ! if I had a kid people would be more forgiven, but a puppy people are more judgemental and don't understand how hard work puppies are !

Bongo567

G_M wrote: »

Sorry - but do you actually have any idea what "the quiet enjoyment rule" is or says?

It gets discussed here from time to time. It gets 'quoted' quite regularly.

Yes, it's a concept in English Common Law (not sure about Scotland). It is not a 'rule'. In simple terms, it says that if you rent some land, or property, you should be allowed to enjoy the use of that land/property without undue interference.

It is not statute law (Act of Parliament), and as such staute law over-rules it.
It is not contract law, so it works alongside a contract (hence our questions about what your tenancy agreement says).
And it is not a hard and fast 'rule', or right - it relies on a test of reasonablenesss.

In the current scenario, it would be considered perfectly reasonable, in the lead-up to the end of a contract, for the landlord to show prospective tenants round. Clearly not every hour of every day (that would be unreasonable and hence breach Quiet Enjoyment) but if done reasonably, and particularly if in line with what the contract said, then a landlord would be perfectly within their rights.

What if I refuse and don't let them in due to my anxiety and having too much panic attacks? can they legally force entry?

My condition and health would surely be considered if this case went to court? I understand the landlord not wanting to lose a months rent.. but it isn't like he is going to starve over it.

Could I let a family member stay in my property while they do the viewings?

[Deleted User]

You need a specialist shampoo to deal with pup/whatever pee. Otherwise the smell will remain. However I find a mixture of vinegar and biological washing liquid (not too much as this creates bubbles) works just as well. You can leave it to soak for a day (covered with a towel so the enzymes do their work, then shampoo on rinse function. You might have to do it more than once, so don't leave it til the last minute.

Regard it as one of the jobs you can do in advance.