Can I refuse access for rental viewings during lockdown due to being vulnerable

EvictedInLockdown

Our landlord served a Section 21 notice during lockdown because of complaints from the downstairs neighbours about noise from our three-year-old. Usually they are at work in the day and he is at nursery so seems particularly unfair but also they took out a false ceiling in their flat so they can literally hear every move we make anyway!  Landlord did not serve a valid section 21 so if we wanted to stay, technically we could stretch it a bit (no prescribed info on the deposit served) but we have now negotiated an earlier departure date as we just want to get out now. I am pregnant so considered vulnerable. We therefore don't want to allow viewings while we still live here, especially having seen that estate agents don't necessarily follow the guidelines to the letter - we were shown a house that was actually being squatted while the estate agent waited outside and had no idea what we had been sent into! And who is to say that they won't use the loo if they have a number of viewings in a row!? We received a text from the landlord's estate agent telling us an appointment had been booked. We cancelled this but are concerned that he may try to pursue us for breach of contract. The relevant clause in our contract is - "2.44:  During the term of the tenancy (at all reasonable times on previous notice being given to the Tenant) to grant access to the Landlord or his Agent with or without prospective buyers or Tenants to enter upon or view the premises." Unlikely that would be the next step. I would expect some sort of negotiation e.g. we would be happy to film a digital viewing. Interestingly, despite government guidelines recommending only those who have had a digital viewing and are very keen on a property are shown round, the agent has not asked about a digital viewing. At this point no one has actually asked us about what we would be prepared to do. As well as being pregnant, I do not want to be asked why we are leaving as it would be hard to lie about the stress caused by the landlord. He is a joint leaseholder with downstairs, hence quick to do what they wanted! Any advice on our rights at this time in terms of viewings? Many thanks 

davidmcn

In short, yes. I can't see a court enforcing it. Chance the lock if concerned they'll ignore you.

boxer234

You can at this time refuse yes I would advise contacting shelter if you need more support.  You could agree with viewings if people are wearing PPE if you wanted to meet the landlord half way.  Estate agents are being very strict at the moment and shouldn’t let them touch anything.  Many estate agents I know are only doing virtual viewings or viewings in untenented properties so you have the right to refuse. 

princeofpounds

Try to use paragraphs, it really helps make it readable and you'll get more replies.

In short, you contractually agreed to viewings. However, you can refuse. If the landlord wants to enforce their contractual right, they have to get a court order - they can't force their way in unilaterally. (Coming in with keys when you are out is a different matter worthy of a few paragraphs of discussion if you're interested, but the short version you can temporarily change lock barrels if that's a risk).

In normal circumstances they could get one in theory, and maybe even have you pay the court costs. But by the time they get there, you would have left anyway, so it's almost never done for end-of-tenancy situations like this. 

Furthermore, I think there is a very good chance a court would refuse to issue an order during the period of pandemic measures for the reasons you discuss, although this would probably be at the court's discretion (don't think it's specifically addressed in the legislation).

AdrianC

Your landlord served you an invalid s21. Even if it had been valid, they almost certainly couldn't have got possession through the courts this calendar year.

So why are you voluntarily moving, if you're so vulnerable that you can't leave the flat while other people are viewing? How are you viewing places to move to?

[Deleted User]

My partner moved in with me. He is on the sheltered list. He just told the agent he could not risk his health for the sake of a couple of weeks and told them no . He moved out a week early as he could not handle any removals etc and I went back and did the removal men, cleaning and hand over to protect him.

The agent understood in the circumstances 

grumiofoundation

As above - tell the agents no viewings will be allowed, change the locks (easy to do) and if they turn up tell them to jog on (and if they refuse call the police).  

The landlord might decide to take you to court for breach of contract (unlikely) and if they did, and won, they would have to demonstrate a loss. 

EvictedInLockdown said:

The relevant clause in our contract is - "2.44:  During the term of the tenancy (at all reasonable times on previous notice being given to the Tenant) to grant access to the Landlord or his Agent with or without prospective buyers or Tenants to enter upon or view the premises." 

I think can be claimed at the moment there is are no reasonable times?

natasha22

boxer234 said:

You can at this time refuse yes I would advise contacting shelter if you need more support.  You could agree with viewings if people are wearing PPE if you wanted to meet the landlord half way.  Estate agents are being very strict at the moment and shouldn’t let them touch anything.  Many estate agents I know are only doing virtual viewings or viewings in untenented properties so you have the right to refuse. 

As a buyer ive had over 10 viewings  with at least 5 agencies in the last 2 weeks, This has been a mix of mostly occupied and some unoccupied properties, several where i was shown round by the current owners with kids present etc. None have asked me to wear a mask (i always take one, sometimes the EA has), one has asked me to wear gloves. Some have opened doors so i didnt have to touch anything, but lots have suggested opening cupboards etc.
 Its worth asking the specific agency what their policy is

[Deleted User]

What would the implications be if you told the agent that you have developed certain symptoms...

saajan_12

Contractually, you agreed to allow viewings but they must be reasonable. Given the virus situation, I think what is considered 'reasonable' is very different to what it would be in normal circumstances. Something like

- all viewings bunched into one afternoon per week
- no touching anything including doors, cupboards (you leave doors open)
- masks and gloves to be worn by anyone entering property in case of accidental brushes
- max 2 viewers at a time, supervised by agent / you / your partner

I would lay out a reasonable proposal, and if they are unwilling to comply then by all means refuse. However if you don't offer this much, you would be breaching your contract. It may be difficult for the LL to enforce the contract, but that doesn't make it right.