Being bullied into having in-person viewings

RoisinDubh_2

Hi everyone,
Just looking for some advice as I have been up all night crying and panicking and my mental health is in tatters. I am renting a small flat and have given notice on it due to a number of issues with the management agency. The agency are now insisting that I allow in-person viewings despite the fact I am vulnerable, with a long term illness, and we are in a Tier 4 area with a very high covid rate. The contract I signed has a clause about allowing viewings but no mention of at what point I need to allow them (there's still almost 7 weeks to go). The official government guidance says they should offer virtual viewings as a first option but they are not doing this. I am barely leaving the house at all at the moment and the thought of strangers walking around my flat actually makes me want to vomit. Can I refuse them given that there is a pandemic? In my eyes, it is not reasonable to force viewings on a vulnerable person at this time. 

greatcrested

Dear Mr landlord,

Further to your request for personal viewings of the above property prior to my tenancy ending, I regret this will not be possible.

As you are I believe aware, I am at increased risk of Coronavirus due to my long term condition, and am therefore self isolating over and above any government tier designation. Given the high rate of infection in the area, the risk of contagion, and subsequent risk of severe symptoms, it would be foolhardy in the extreme to expose myself to viewings.

I regret this decision, and do hope you will understand. If I can help in some other way, perhaps by video recording the flat, please let me know.

Yours sincerely,

Ms Dubh

Send to both the landlord (at the address "for serving notices") and a copy to the agent.

Then change the lock. About £5-15 plus you need a screwdriver. Keep the old lock to replace when you leave.

https://www.youtube.com/watch?v=VXAo7zSN-9o

K_S

RoisinDubh_2 What greatcrested said above. Practically speaking, even if we weren't in a pandemic, a tenant could still find enough reasons to refuse viewings if they wished to do so, irrespective of what's in your contract.

Once you put the above in writing, I'm pretty confident the LA and LL will let you be. Good luck!

RoisinDubh_2

Thanks both. Are there any possible consequences for me for doing this? I am being told I will be in breach of contract if I refuse. A friend has suggested I just keep saying I have covid symptoms as they cannot argue with that or accuse me of being obstructive. 

K_S

RoisinDubh_2 said:

Thanks both. Are there any possible consequences for me for doing this? I am being told I will be in breach of contract if I refuse. A friend has suggested I just keep saying I have covid symptoms as they cannot argue with that or accuse me of being obstructive. 

@RoisinDubh_2 Well, even if you were in breach of contract with regard to the viewing clause, the remedy for that would be going to court to force you to permit viewings or give you notice end the tenancy. Neither of those options will have any practical impact on your current scenario.

If you want advice you can quote, the Shelter chat-line is very helpful and you can select an option for a transcript to be sent across to your email at the end of it. I suspect they will say something similar to what greatcrested suggested above, minus the lock changing part.

moneysavinghero

You have a legal right to peaceful enjoyment of your home. The landlord cannot contract themselves out of the law.

greatcrested

RoisinDubh_2 said:

Thanks both. Are there any possible consequences for me for doing this? I am being told I will be in breach of contract if I refuse. A friend has suggested I just keep saying I have covid symptoms as they cannot argue with that or accuse me of being obstructive. 

There are two possible consequences:

1) the landlord applies to a court on the basis of breach of contract, to obtain a court order to enforce the contract and grant access for viewings. However

a) this would take several months, so be pointless, as you'd be gone anyway

b) the court would almost certainly consider your refusal to be reasonable given the circumstances, and reject the LL's application

2) the landlord and/or agent might  refuse to give you a positive reference if asked by a future landlord. Does this concern you?

greatcrested

moneysavinghero said:

You have a legal right to peaceful enjoyment of your home. The landlord cannot contract themselves out of the law.

Sorry - to some extent the LL can. 'Quiet Enjoyment' (not 'peaceful') is a Common Law property right, which is not absolute - it must be weighed against other (LL) rights granted by either Statute or contract.

However, in this case I agree that the tenant's right to QE would over-ride the LL's contractual rights given the specific circumstances.

Grumpy_chap

RoisinDubh_2 said:

A friend has suggested I just keep saying I have covid symptoms as they cannot argue with that or accuse me of being obstructive. 

I would advise against this, or any kind of dishonesty.  
For most people, COVID does not last as long as 7 weeks that you still have remaining.
If the Agent happens to see you outside, then you are set for an unwelcome encounter.  Even if you are barely going out.
If you are unfortunate and subsequently contract COVID, you have already used this as a "life-line".

Really, what @greatcrested said in the first reply looks good.

RoisinDubh_2

greatcrested said:

RoisinDubh_2 said:

Thanks both. Are there any possible consequences for me for doing this? I am being told I will be in breach of contract if I refuse. A friend has suggested I just keep saying I have covid symptoms as they cannot argue with that or accuse me of being obstructive. 

There are two possible consequences:

1) the landlord applies to a court on the basis of breach of contract, to obtain a court order to enforce the contract and grant access for viewings. However

a) this would take several months, so be pointless, as you'd be gone anyway

b) the court would almost certainly consider your refusal to be reasonable given the circumstances, and reject the LL's application

2) the landlord and/or agent might  refuse to give you a positive reference if asked by a future landlord. Does this concern you?

I am glad you agree that I am not being unreasonable here. I have already given up on the idea of getting a good reference, as the landlord appears to live on another planet. I've been nothing but a good tenant, never been late with rent, never asked for a reduction despite many problems with the flat and things breaking down constantly, have gone out of my way to facilitate maintenance, inspections and all the other things they demanded, even during the pandemic (I had SEVEN DIFFERENT PEOPLE round in August and September for bits and bobs of non-essential work) and their attitude seems to be that I'm awkward and obstructive for ever objecting to any of their many demands, such as now. It's depressing but I've accepted it as a reality. 

RoisinDubh_2

Grumpy_chap said:

RoisinDubh_2 said:

A friend has suggested I just keep saying I have covid symptoms as they cannot argue with that or accuse me of being obstructive. 

I would advise against this, or any kind of dishonesty.  
For most people, COVID does not last as long as 7 weeks that you still have remaining.
If the Agent happens to see you outside, then you are set for an unwelcome encounter.  Even if you are barely going out.
If you are unfortunate and subsequently contract COVID, you have already used this as a "life-line".

Really, what @greatcrested said in the first reply looks good.

I see your point but it seems to be the only iron clad reason. I do like the first reply but it can be argued with and the bullying can continue - you can't really argue with someone saying they are sick.