Viewings of rented property during Covid-19 outbreak

Moringa88

We have exchanged and are due to complete on our new house on 9th April (that's a whole other stress!). So today I gave notice to our landlord, so that we have a couple of weeks overlap to do up the new house and move. Landlord said she would contact letting agents tomorrow to get it on the market.
Where do I stand with viewings and social distancing? Can I refuse to allow people into our home? We are taking this very seriously and not even my mum or best friend are coming round so the idea of strangers traipsing through is slightly terrifying! Any idea where I stand or where I can seek advice? I don't want to be unhelpful to landlord but I need to keep my family safe. 

Jeremy535897

You should look at the terms of your lease, which I assume is an assured shorthold tenancy? If it is a standard assured shorthold tenancy, it will probably include something like this:

Access for the purposes of selling or re-letting the property

6.2 Provided the Landlord has given the Tenant at least 24 hours’ prior notice in

writing, the Tenant must give the Landlord (or any person acting on behalf of

the Landlord) access to the Property at reasonable times of day in the following

circumstances for the purposes specified:

(a) where the Tenant has given notice under clause F2 (Tenant’s rolling 3

month break clause), to show prospective tenants or purchasers, letting

agents or estate agents around the Property, but only during the last 3

months of the Tenancy;

(b) where the Landlord has served a notice on the Tenant under clause F3

stating his intention to sell the property, to show estate agents or

prospective purchasers around the Property; and

Guidance Note: Tenant’s liability for cost of repairs. Clause C4.4 allows the

landlord to recover reasonable costs that are incurred in carrying out repairs that

are attributable to the misuse of the property – e.g. deliberate or negligent

damage – by the tenant, his household or visitors.

Section C: Tenant’s obligations

27

(c) during the last month of the Tenancy, for any of the purposes mentioned in

paragraph (a) above.
If you are obliged to show prospective tenants around, follow all the social distancing rules and ask them to be considerate and follow them rigorously as well.

onwards&upwards

Allowing viewings is not compulsory even in normal times, this is definitely not the time to have a stream of strangers traipsing through your home!

Tell the agent you won’t be allowing viewings due to the current government advice and you’re sure they’ll understand as they wouldn’t want to be responsible for spreading the virus. 

Jeremy535897

If clauses in tenancies requiring outgoing tenants to allow prospective tenants to view the property are unenforceable, why do they exist? I'm not a lawyer, but that just seems contrary to common sense. I don't know what current government advice would prevent viewings, so long as all the recommendations for social distancing are followed by everyone. If you intend to go into a supermarket you will have much more difficulty in maintaining social distancing.

onwards&upwards

People put all sorts of unenforceable clauses in contracts, especially landlords!  They just hope the other party doesn’t know.

Jeremy535897

I have never heard of a standard legal document used in millions of cases deliberately including unenforceable terms to deceive one party. Can you give me an example?

onwards&upwards

Ok, tenancy agreements that state tenants cannot change the locks and must allow viewings. 

FindMyWayBack

Just say NO, NO NO, absolutely not. I can't see anyone forcing it now can you? They have too much else to do

[Deleted User]

Practically speaking, if this is the last time you are going to be renting (since you've bought somewhere), you aren't depending on your landlord to give you a reference.   Therefore my suggestion is that you refuse all viewings. 

Jeremy535897

I suggest you check your tenancy agreement and see what it says. If it requires you to allow viewings speak to the agent and say you really don't want to do them. At most the landlord will be out by a month's rent, and that assumes the property would rent immediately. If they are difficult, offer half a month's rent and say you'll get out a week early. If you just refuse bookings you could be sued for breach of tenancy conditions. I very much doubt that would happen, but I think my proposal is a fair one to both sides.

Moringa88

Jeremy535897 said:

I don't know what current government advice would prevent viewings, so long as all the recommendations for social distancing are followed by everyone.

The part where they tell you to avoid any unnecessary visitors to your home? I have two small children, I'm not having any number of people traipsing through my home to have a look around! Luckily the advice here and in other places is that I can legally refuse, so I will be doing! I'm pretty sure not a court in the land would let them sue me in the current climate!