We want to be present for viewings when we move out

sal_III

When are you actually moving out? Tell the LL you will be happy to allow more viewings, if they release you from the tenancy earlier. Win-Win

sal_III

Lover_of_Lycra wrote: »

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.

No he can't, he can sue you for breach of contract, and/or serve section 8 notice, but ultimately can't enter the property without your permission, unless there is an emergency, which a viewing obviously isn't.

AdrianC

sal_III wrote: »

When are you actually moving out? Tell the LL you will be happy to allow more viewings, if they release you from the tenancy earlier. Win-Win

The sooner a new tenant is found, the sooner the OP can be released...

Ball back in OP's court.

[Deleted User]

sal_III wrote: »

No he can't, he can sue you for breach of contract, and/or serve section 8 notice, but ultimately can't enter the property without your permission, unless there is an emergency, which a viewing obviously isn't.

The tenant can already have given permission for viewings by signing a tenancy agreement with a clause allowing for viewings.

Andysandy

Exactly, that's how I see it as well.

If the tenant refuses access, I can argue that it is a breach of contract and serve a section 8 notice but I can't force my way into the property if the tenant denies me entry. That's laughable, this isn't the wild west.

Just because the tenant signs a clause in an AST contract giving me permission to inspect the property once every week doesn't make the clause enforceable.

sal_III wrote: »

No he can't, he can sue you for breach of contract, and/or serve section 8 notice, but ultimately can't enter the property without your permission, unless there is an emergency, which a viewing obviously isn't.

G_M

Regarding the right of access by a LL:

* a clause in the TA, signed by the tenant, allowing access for viewings in the last month/2 months for example, is a legally enforceable clause
* but no, of course a LL cannot 'force their way in' against the wishes of the tenant
* but the LL could apply to a court for access using the clause, and unless there is a compelling reason against (eg an unreasonable request for access at 3.00 AM), the court would likely make an order granting (reasonable) access. If the tenant continued to deny access, that would be Contempt of Court.
* of course, all this would take time(and hassle, and £), so in practical terms it is rare for a LL to go down this route
* but that does not mean the LL does not have the legal right to do so, or that the clause is 'legally unenforceable'.
* "a clause in an AST contract giving me permission to inspect the property once every week" almost certainly is unenforceable as a court would almost certainly not enforce it unless the LL could provide a very compelling reason (I can't think of an example!).
* all the above is weighed against a tenant's implied Common Law right to 'quiet enjoyment' (ie the right not to be unduly interferred with in their occupation of the property) - but this is not an unlimited right - it is weighed against the LL's contractual rights (as above)

Andysandy

Thanks G_M, I was hoping you would give your view on the matter!

Out of interest, if you were the landlord and the tenant refused to allow viewings during the notice period, what would you do?

G_M wrote: »

Regarding the right of access by a LL:

* a clause in the TA, signed by the tenant, allowing access for viewings in the last month/2 months for example, is a legally enforceable clause
* but no, of course a LL cannot 'force their way in' against the wishes of the tenant
* but the LL could apply to a court for access using the clause, and unless there is a compelling reason against (eg an unreasonable request for access at 3.00 AM), the court would likely make an order granting (reasonable) access. If the tenant continued to deny access, that would be Contempt of Court.
* of course, all this would take time(and hassle, and £), so in practical terms it is rare for a LL to go down this route
* but that does not mean the LL does not have the legal right to do so, or that the clause is 'legally unenforceable'.
* "a clause in an AST contract giving me permission to inspect the property once every week" almost certainly is unenforceable as a court would almost certainly not enforce it unless the LL could provide a very compelling reason (I can't think of an example!).
* all the above is weighed against a tenant's implied Common Law right to 'quiet enjoyment' (ie the right not to be unduly interferred with in their occupation of the property) - but this is not an unlimited right - it is weighed against the LL's contractual rights (as above)

onwards&upwards

Lover_of_Lycra wrote: »

Quiet enjoyment is not an absolute right, it does not trump the contract.

Yes it does, contracts don’t trump the law or statutory rights.

G_M

onwards&upwards wrote: »

Yes it does, contracts don’t trump the law or statutory rights.

'Quiet Enjoyment' is not a Statutory right. If you believe I'm wrong, kindly quote the relevant Act of Parliament.

'the law' is a meaningless catch-all term.

Quiet Enjoyment is a Common Law right. It is not 'trumped' by Contract Law and equally nor does Contract Law trump it - they are 2 potentially conflicting rights which a court would weigh up against each other based on the specific individual circumstances.

AnotherJoe

Getting back to the OPs question, irrespective the legalities, and rephrasing it to make it clear, their question was "are they being unreasonable to have a short set time, the same every day, which is within most peoples work times, and no evenings or weekends offered" to which I'd say the answer is "clearly yes they are being unreasonable" especially if odds are they will have effectively moved out after a while.