Leaving Property/access - what are my tenant rights?

nico997

Hello! Sorry for the long post but I'm hoping somebody might be able to help me/share their experiences with renting please!

Me and my partner's rental tenancy ends at the end of Feb and we'll be looking to move. Based on our tenancy contract, we have to give them a months notice - which is more than reasonable. We'd like to let them know as soon as possible (because why not make their life easier to find a new tenant) but I'm a bit concerned about our tenants rights.

My partner teaches online, and works from home between 10am-3:30pm each weekday, because of this we can't have people viewing the property because it'll affect his teaching and wouldn't be fair on the students (the company he works for are extremely strict) and we can't afford for him to take any of the time off.

This means that people can only view the flat Mon-Fri before 10am or after 3:30pm for my partner to keep his job. Of course, they can come at the weekend at any time.

My question is, what are our rights as tenants in refusing entry to the property between these times?

In my contract, it says the below:

7.4 During the last two months of the Term, permit the Landlord’s Agents or any estate agents’ notices or boards to be affixed to the Property.

7.5 During the last two months of the Tenancy, allow access to the Property to the Landlord’s Agent and any estate agents together with any prospective buyer, mortgagee, their surveyors or future Tenant at all reasonable times during normal working hours of the Agent upon giving 24 hours written notice made by any person who is or is acting on behalf of a prospective purchaser or Tenant of the Property and who is authorised by the Landlord or the Landlord’s Agent to view the Property.

Our letting agency is Leaders, so I'd love to know what other people's experiences are with this kind of thing or what our tenants rights are (if at all possible, please can you include where your source!) - plus any advice of what you would do please!

Thanks

Slithery

If you're leaving at the end of a fixed term then you don't have to give them any notice at all.

Read the stickied thread by G_M at the top of this forum.

Kim.wigley

The key is reasonable times. I don’t know the specific letting agent you’ve mentioned and have no direct experience, but the times offered are reasonable. Many people want to view over a weekend rather than midweek I find anyway.

lookstraightahead

It's your home til you leave.

Norman_Castle

This means that people can only view the flat Mon-Fri before 10am or after 3:30pm for my partner to keep his job. Of course, they can come at the weekend at any time.

Offering this with 24 hour notice is entirely reasonable although I would make it 9.45 - 3.45 to be sure you're left alone at work. During this time double lock the door and remove the batteries from the doorbell.

theartfullodger

nico997 wrote: »

......................
7.5 During the last two months of the Tenancy, allow access to the Property to the Landlord’s Agent and any estate agents together with any prospective buyer, mortgagee, etc etc etc...

OK, fair enough: But when does the tenancy end thus when is "the last two months of the tenancy"?? (We know what they meant, but that's not what was written...)

You have an absolute right to stay from end of fixed term, tenancy continues as periodic: The landlord and agent are unable (legally) to prevent this, regardless of any notices served. You, the agent, and the landlord do not know, until you leave, when end of tenancy is so can't know (now) when last two months are.

Point this out to agent/landlord and inform them that as such you won't be complying with what they think they are asking for.

Twit agents: If they'd written those clauses more carefully they'd not have the problem.

G_M

This is a perfectly reasonable, and legally sound, clause. However reasonable people don't always stick strictly to the legal position - they can offer more or, with agreement, less than the law requires. As you yourself say " We'd like to let them know as soon as possible (because why not make their life easier to find a new tenant)"


So why not discuss your plans and your preferences with your landlord? He can instruct his agent when/how to undertake viewings. Or if you don't have contact with him (eg he's abroad) then discuss with the agent.


Most reasonable LLs/agents would understand your partner's position and schedule viewings around that. Assuming the LL or agent is sympathetic/understanding, then write a polite letter to confirm what was agreed for the avoidance of doubt and to place it on record. Make clear what days/times are most convenient for you.


Having said that, sometimes agents can be less than helpful (just as happens in any walk of life!). Legally, providing they give the required 24 hours notice they have a right of access for the purposes specified. In practice, if you changed the locks and denied them access, all they could do is apply to a court for an access order (which you would have to comply with or risk prison for contempt of court) but this would take them weeks or even 2 months- so you'd be gone. It is very rare for this legal action to take place.


Another potential consequence would be a claim for damages - ie compensation if they were unable to line up a new tenant and lost rent as a result. again - it's rare for this to happen and hard to actually prove a new tenant would have been in place.

nico997

Slithery wrote: »

If you're leaving at the end of a fixed term then you don't have to give them any notice at all.

Read the stickied thread by G_M at the top of this forum.

thanks for coming back to me, I did read the stickied thread, but when I read into it more (Shelter UK), it seemed that my contract clause overrode the notice period of not needing to let them know, which is a shame!

G_M

nico997 wrote: »

thanks for coming back to me, I did read the stickied thread, but when I read into it more (Shelter UK), it seemed that my contract clause overrode the notice period of not needing to let them know, which is a shame!

There is a distinction between

a) ending a tenancy (it ends by default when the fixed term expires irrespective of any clause in the contract)
b) breaching a term of the tenancy (eg requiring notice to be given)

In the case of b), if you fail to give notice as required by the contract, the tenancy will still end (assuming your leave) when the fixed term expires, but the landlord could sue you for damages (not rent as the tenancy has ended).

The damages he might claim could be the rent he lost as a result of not knowing you were leaving and hence not having a new tenant lined up. But he'd have to actually prove both that that he lost this money, and that he lost it as a direct result of your breach of the contract.