Allowing viewings to current rental property query

Blush2783

Hi my daughter is currently renting a student property until the end of July 2022 through a letting agency. The landlord called her out of the blue yesterday and said he wanted people to view it today. She and the girl she shares with had signed a contract to keep it on for another year and paid the deposit however it turns out that the landlord didn't sign it and has decided to change agencies from August 2022 and the visit today was with the new agency. She hadn't been informed of any of this. The viewing was at 11 am and she got back at 5.30 pm to find that her front door was completely unlocked and could be just opened as there is no catch and over the past 6 1/2 hours anyone could've taken all her stuff which includes computers and TVs etc. She phoned the landlord to complain and they were apologetic and said they'd take it up with the new agency. Her current contract she has until the end of July 2022 says 

"During the last two months of the tenancy, upon a minimum of 24 hours prior written notification, to permit the property to be viewed during working hours and or at other reasonable times including at weekends by prospective tenants or purchasers who are authorised to do so by the landlord or his approved agent. Except where mutually agreed otherwise with the tenant, the Landlord or his authorised agent or representative will accompany these viewing appointments"

In my mind it means that until the last 2 months she can deny them entry for viewings but I really know very little about these things so wondered if anyone else had useful input? After todays shambles I feel they can just get lost till June if thats the case. TIA

user1977

Change the locks.

RAS

And make sure both the lock and all keys are kept in a safe place and replaced when the tenancy ends.

Blush2783

Unfortunately the contract also states that they cannot change the locks!

RAS

That's irrelevant.

Given today's little fiasco, refusing to let the LL or their agent in the house unless one of the tenants is present seems reasonable. As long as the old lock and keys are replaced when the tenancy ends.

What can the LL do. Sue? For what? It's extremely difficult for LL's to get legal backing to allow legally required inspection like gas and electrics. The courts aren't going to support an LL wanting to sort out their tenancy early when their agents are incompetent.

If you don't want to be quite so reactive, then the tenants write to the LL at the address for the serving of notices. Tell them that any further errors  by the agent and they will change the locks, having taken legal advice about the enforceability of that clause in the contract.

They will have a legal advisor in the SU or housing office, use them.

lookstraightahead

I'm a little confused. Are they staying another academic year, eg til aug 2023?

my daughter had a similar fiasco during lockdown last year. The landlord (agent) wanted to conduct viewings, but they refused as they didn't feel safe, so they offered to take a video. The EA refused until they realised that these are savvy adult people who are paying a lot of money for very shoddy accommodation, and they weren't going to let anyone in. The video sufficed.

They need to stick up for themselves.

but I'm still confused as to whether they want to stay - as it's normal by Feb to start looking for next years tenants 

redped

I'd ignore the contract and still tell them to change the locks (but keep the original ones for replacement when they do eventually leave) - the agency will only discover they've been changed if they try to let themselves in without prior agreement that someone will be in the property.

I've got a rental property, and would never think of just letting myself in - if a letting agency did this with my property, I'd be changing agencies at 9am the next morning.

Blush2783

lookstraightahead said:

I'm a little confused. Are they staying another academic year, eg til aug 2023?

my daughter had a similar fiasco during lockdown last year. The landlord (agent) wanted to conduct viewings, but they refused as they didn't feel safe, so they offered to take a video. The EA refused until they realised that these are savvy adult people who are paying a lot of money for very shoddy accommodation, and they weren't going to let anyone in. The video sufficed.

They need to stick up for themselves.

but I'm still confused as to whether they want to stay - as it's normal by Feb to start looking for next years tenants 

Daughter is currently on a placement year job which is in her university town and the girl she shares with is still a student in her final year. Because daughter didn't get the job offer until May time her friends has already sorted uni accommodation and as you know the student properties get pushed Dec/Jan/Feb so in the end because she was working they were permitted by an agency to rent a non student flat and this is the contract that ends at the end of July. Its lovely and my daughter was hoping to stay in it for her final year and a friend currently in her second year had said she would like to share it so last week signed a contract from August 2022-July 2023 and paid the deposit to the current letting agency. As I said before, out of the blue she got a call from the landlord yesterday saying he wants permission for viewings today and unsure what to say as she was put on the spot, said yes. It then came out that he was changing agencies which we knew nothing about but after calling her current agency today they are refunding the deposit they paid for continuing the lease from August 2022 for another year so they wont be staying now. Its gone up online now with the agency that left the door open and the rent has been upped by £400 a month to £1450 for a 2 bed which is really overpriced and its now been changed to students allowed. 

I think we will go back to them and say no viewings until June.

Blush2783

RAS said:

That's irrelevant.

Given today's little fiasco, refusing to let the LL or their agent in the house unless one of the tenants is present seems reasonable. As long as the old lock and keys are replaced when the tenancy ends.

What can the LL do. Sue? For what? It's extremely difficult for LL's to get legal backing to allow legally required inspection like gas and electrics. The courts aren't going to support an LL wanting to sort out their tenancy early when their agents are incompetent.

If you don't want to be quite so reactive, then the tenants write to the LL at the address for the serving of notices. Tell them that any further errors  by the agent and they will change the locks, having taken legal advice about the enforceability of that clause in the contract.

They will have a legal advisor in the SU or housing office, use them.

Thats a good point about asking SU /housing office. Thanks!

Blush2783

redped said:

I'd ignore the contract and still tell them to change the locks (but keep the original ones for replacement when they do eventually leave) - the agency will only discover they've been changed if they try to let themselves in without prior agreement that someone will be in the property.

I've got a rental property, and would never think of just letting myself in - if a letting agency did this with my property, I'd be changing agencies at 9am the next morning.

Im not sure about the whole changing locks thing as I dont want to be that confrontational but I am wondering about putting in a camera so that if they do come in without permission we could see.

I really want to know if we can deny them entry for viewings until the final 2 months more than anything. Thanks for commenting though!

redped

From https://www.gov.uk/private-renting:
"As a tenant, you have the right to:

• live in the property undisturbed

You should give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.

Coronavirus (COVID-19) has not changed these rules, so you should work with your landlord to make sure that any visits are for an urgent reason (for example, you do not have hot water, heating or toilet facilities)."

It's clear-cut - you should only allow access to the property for inspection/repair work, so it follows that a landlord or agency can't just let themselves in when they feel like it.

There are times when you need to be confrontational, and this is one of them.  Putting up a camera is a waste of time (sorry if that sounds harsh) - what are you going to do if you have the agency on film when they let themselves in for a second time?  Complain to them? They'll just ignore you.  The only way to stop them from doing this again is to change the locks.  When they find out the hard way this has been done and then complain about it, simply tell them the law says a tenant has the right to live in the property undisturbed.

Edit: As for wanting to know if you can deny them entry for viewings, then the answer is simple - yes.  Once your daughter and the other tenant are no longer tenants the agency can have as many viewings as they want, but until then the tenants can deny the viewings.  As before, the only way to enforce this denial is to physically stop them from being able to enter the property.