Multiple Agents

KandM

Good Morning all,

So I have given notice to the Estate Agents who manage the property on behalf of the landlord, however the LL has instructed an additional Estate Agent to try and let out the property. I have been in contact with my current estate agent and arranged viewings that suit me and my family (I have 2 disabled children who will need to be out of the house during the visits) - however, do I have to allow the additional Estate agent to show people round, as this will cause additional upheaval getting my children out as well as waste time where I could be packing up, cleaning, re decorating etc...

Thanks

G_M

What exactly does your tenany agreement say about viewings?


The issue of who arranges them is irrelevant - they are all done by or on behalf of your landlord.

KandM

My tenancy agreement with the Estate Agent says at least 24 hours, but my issue is not with who I am with, its the second Estate Agent and the fact I have no agreement with them

Monkeysocks42

You don't need to have an agreement with any agent who wants to do viewings (so long as your landlord does) BUT you are entitled to quiet enjoyment of the property while you are paying rent and you don't have to agree to the viewings, regardless of whether they have given you the 24 hours notice or not. This means if you feel there is an excessive amount of viewings you can politely decline those that are just not convenient. Perhaps ask each agent to tie any viewings in so if they are each showing one person round they can instead show 5 people. Less disruption for you and creates an air of urgency for the prospective tenants to decide if they want it or not which will ultimately mean it should get let quicker and therefore fewer viewings for you to deal with.

G_M

KandM wrote: »

My tenancy agreement with the Estate Agent says at least 24 hours, but my issue is not with who I am with, its the second Estate Agent and the fact I have no agreement with them

Your agreement, via your contract, is with your landlord.


He can employ any builder, contractor, agent, electrician, etc he wants, at any time, to do anything he wants on his behalf.


You do not have any agreement with those people.

KandM

Monkeysocks42 wrote: »

You don't need to have an agreement with any agent who wants to do viewings (so long as your landlord does) BUT you are entitled to quiet enjoyment of the property while you are paying rent and you don't have to agree to the viewings, regardless of whether they have given you the 24 hours notice or not. This means if you feel there is an excessive amount of viewings you can politely decline those that are just not convenient. Perhaps ask each agent to tie any viewings in so if they are each showing one person round they can instead show 5 people. Less disruption for you and creates an air of urgency for the prospective tenants to decide if they want it or not which will ultimately mean it should get let quicker and therefore fewer viewings for you to deal with.

Thank you for your Reply its been helpful

G_M

Monkeysocks42 wrote: »

You don't need to have an agreement with any agent who wants to do viewings (so long as your landlord does) BUT you are entitled to quiet enjoyment of the property while you are paying rent and you don't have to agree to the viewings, regardless of whether they have given you the 24 hours notice or not. This means if you feel there is an excessive amount of viewings you can politely decline those that are just not convenient. Perhaps ask each agent to tie any viewings in so if they are each showing one person round they can instead show 5 people. Less disruption for you and creates an air of urgency for the prospective tenants to decide if they want it or not which will ultimately mean it should get let quicker and therefore fewer viewings for you to deal with.

Oh dear! Misunderstanding of 'quiet enjoyment' again!


Quiet Enjoyment is a Common Law right, but it does not automatically trump all other rights (eg the LL's statutory duties or rights under the contract).


Yes, the tenant is entitled to QE of the property.
But yes, the landlord is entitled to reasonable access particularly but not only if the contract specifies this.


Where these entitlements clash, courts will rule as to which takes precedent (usually based on reasonableness).

you don't have to agree to the viewings, regardless of whether they have given you the 24 hours notice or not.

Clearly you can deny access, but equally clearly the LL can enforce access via the courts. And also sue for any consequential loss caused by the tenant's refusal to allow access. So if the LL was unable to arrange a new tenancy to follow the ending of the current one, due to inability to do viewings, he could sue the (current) tenant for the lost rent.