We want to be present for viewings when we move out

AdrianC

muhandis wrote: »

I might be wrong but it seems to me that you're claiming that the landlord just needs to give notice and then can lawfully enter whether the tenant gives permission or not.

Read the tenancy. If the tenant already agreed to allow it, subject to sufficient notice...

but again imho that doesn't open up the remedy of waltzing in to a tenant's home against their wishes.

A day or more's advance notice for a viewing when the tenant has already given notice is not "waltzing in". Melodrama helps nobody.

muhandis

Doesn't matter. The tenancy contract can say whatever it wants. Unfortunately (for the landlord) that does not trump the right to tenant's quiet enjoyment of their home during the tenancy contract.

The tenant might have a party, wake going on or enjoying some private time with their spouse or children. The landlord cant just waltz in just because he has given more than 24 hours notice.

Are you saying that the landlord can attempt to let himself in if the tenant has expressly denied permission to enter? If so, we clearly disagree.

AdrianC wrote: »

Read the tenancy. If the tenant already agreed to allow it, subject to sufficient notice...

A day or more's advance notice for a viewing when the tenant has already given notice is not "waltzing in". Melodrama helps nobody.

Andysandy

I *think* the point of disagreement above is whether a landlord can enter the property overriding the wishes of the tenant.

As a landlord, I would not dream of attempting to enter a tenanted property if the tenants had told me I can't. Unless it was burning down or flooding. Tenants can be weird, we once had a couple who had cameras in every room. There's no saying what you could walk in to if you let yourself in uninvited, potentially an allegation of harassment with video evidence to boot!

markin

Andysandy wrote: »

I *think* the point of disagreement above is whether a landlord can enter the property overriding the wishes of the tenant.

As a landlord, I would not dream of attempting to enter a tenanted property if the tenants had told me I can't. Unless it was burning down or flooding. Tenants can be weird, we once had a couple who had cameras in every room. There's no saying what you could walk in to if you let yourself in uninvited, potentially an allegation of harassment with video evidence to boot!

The cameras are meant to be covert to catch the pervert/weird LL, good job you spotted them/:rotfl:

Andysandy

:rotfl:

Good one!

markin wrote: »

The cameras are meant to be covert to catch the pervert/weird LL, good job you spotted them/:rotfl:

System

muhandis wrote: »

Doesn't matter. The tenancy contract can say whatever it wants. Unfortunately (for the landlord) that does not trump the right to tenant's quiet enjoyment of their home during the tenancy contract.

The tenant might have a party, wake going on or enjoying some private time with their spouse or children. The landlord cant just waltz in just because he has given more than 24 hours notice.

Are you saying that the landlord can attempt to let himself in if the tenant has expressly denied permission to enter? If so, we clearly disagree.

Sorry but now you are arguing for the sake of arguing and completely missing the quiet enjoyment aspect of a tenancy.


So yes we will agree to disagree.


The upshot is if the OP just shows a degree of flexibility around viewing times chances are the agent will find a new tenant and can then leave them in peace.

[Deleted User]

muhandis wrote: »

Doesn't matter. The tenancy contract can say whatever it wants. Unfortunately (for the landlord) that does not trump the right to tenant's quiet enjoyment of their home during the tenancy contract.

The tenant might have a party, wake going on or enjoying some private time with their spouse or children. The landlord cant just waltz in just because he has given more than 24 hours notice.

Are you saying that the landlord can attempt to let himself in if the tenant has expressly denied permission to enter? If so, we clearly disagree.

Quiet enjoyment is not an absolute right, it does not trump the contract. If a tenant has signed a legally binding contract i.e. the tenancy agreement which agrees to give the landlord access to allow viewings then the tenant has already given their permission to allow access. Statutory law requires the landlord to give 24 hours written notice before entering the property and the contract cannot trump statutory law but as long as the correct notice is given and the tenant has already given permission by signing a tenancy agreement with a clause about access for viewings then the landlord absolutely can legally enter the property.

Andysandy

I don't think that is correct. That's not the advice I've got from my solicitor in the past regarding tenant disputes.

ASTs are regulated and irrespective of what I put in the contract signed by the tenant, it can't overrule my responsibilities as a landlord or the tenants' rights.

Lover_of_Lycra wrote: »

Quiet enjoyment is not an absolute right, it does not trump the contract. If a tenant has signed a legally binding contract i.e. the tenancy agreement which agrees to give the landlord access to allow viewings then the tenant has already given their permission to allow access. Statutory law requires the landlord to give 24 hours written notice before entering the property and the contract cannot trump statutory law but as long as the correct notice is given and the tenant has already given permission by signing a tenancy agreement with a clause about access for viewings then the landlord absolutely can legally enter the property.

Annastin

That is correct. I very recently had same problem with rude agents https: // forums.moneysavingexpert.com/showthread.php?t=6018255 and came to forum for advice.

they can't enter without my permission for viewing and after I give complaint, they respect my wishes and stop harassing me.

[Deleted User]

Andysandy wrote: »

I don't think that is correct. That's not the advice I've got from my solicitor in the past regarding tenant disputes.

ASTs are regulated and irrespective of what I put in the contract signed by the tenant, it can't overrule my responsibilities as a landlord or the tenants' rights.

I hope you didn't pay your solicitor for that incorrect advice. If there is a clause in the tenancy agreement which allows for viewings then the tenant has already given permission by signing the contract. As long as the landlord gives the notice required by statutory law then the landlord absolutely can. legally, enter the property.