Allowing viewings to current rental property query

theartfullodger

RAS said:

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

Yes, change the locks.

re """   Unfortunately the contract also states that they cannot change the locks! """ what's landlord going to do, get a court order to get it changed back?  Of course not. Ignore it.

Refuse all viewings.  If anyone turns up for a viewing explain what's wrong with the place & if the landlord or agent is a b**st*rd.

Best wishes

Artful: Landlord since 2000

canaldumidi

Don' worry about the contract - change the locks. They've already demonstarted they are willing to breach the tenant's right to 'Quiet Enjoyment' of the property, so no court is going to force the tenant to replace the lock which is the best the landlord could hope for. Not that he'd take it to court anyway.

Also write a polite, but firm letter to the landlord, with a copy to the agent.

1) quote the right to 24 hours notice. Quote the 'last two months of the tenancy' clause'

2) detail the time/date you were notified, and date/time of the intrusion

3) note the fact the property was left insecure

4) insist that future viewings, or access for other reasons, are limited to a) the last 2 months, b) only after 24 hours notice and c)only after agreement by the tenants.

Keep the old locks to replace when you move out

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

https://www.youtube.com/watch?v=IIPyqtOmprE

Blush2783

redped said:

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.

Ok thank you for this, its given me a bit more confidence to tell daughter to refuse entry :-:smile:

Blush2783

theartfullodger said:

RAS said:

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

Yes, change the locks.

re """   Unfortunately the contract also states that they cannot change the locks! """ what's landlord going to do, get a court order to get it changed back?  Of course not. Ignore it.

Refuse all viewings.  If anyone turns up for a viewing explain what's wrong with the place & if the landlord or agent is a b**st*rd.

Best wishes

Artful: Landlord since 2000

Thank you, refusing viewings is definitely the way to go it seems :-)

Blush2783

canaldumidi said:

Don' worry about the contract - change the locks. They've already demonstarted they are willing to breach the tenant's right to 'Quiet Enjoyment' of the property, so no court is going to force the tenant to replace the lock which is the best the landlord could hope for. Not that he'd take it to court anyway.

Also write a polite, but firm letter to the landlord, with a copy to the agent.

1) quote the right to 24 hours notice. Quote the 'last two months of the tenancy' clause'

2) detail the time/date you were notified, and date/time of the intrusion

3) note the fact the property was left insecure

4) insist that future viewings, or access for other reasons, are limited to a) the last 2 months, b) only after 24 hours notice and c)only after agreement by the tenants.

Keep the old locks to replace when you move out

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

https://www.youtube.com/watch?v=IIPyqtOmprE

Thank you thats really very helpful. Letter will be being sent tomorrow!

rexmedorum

One of the problems with student places is that unless as a group the housemates are oragnised and communicating, the landlord can easily play the individuals off against eachother to get away with this.

CKhalvashi

Blush2783 said:

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

An unfair term, which would immediately be dismissed in a court.

Change the locks (and keep the old ones and keys safe for move out).

Slithery

I'm not sure if anyone has mentioned this yet, but CHANGE THE LOCKS...

Murphybear

As a tenant you have certain rights.  A landlord can put what he likes in a contract but he cannot take away your rights.  You can refuse to let him in to show anyone round and can change the locks.  I worked in the business and there was a saying “statute overrides contract”.  

There is one exception to this.  If the landlord genuinely believes there is a fire, flood or gas leak etc he can enter without your approval or knowledge.  This rarely happens.  

Blush2783

Thanks all, we have served the landlord and new letting agency a notice to say they cannot enter going forward and the landlord must stop calling our daughter directly as all communication should be via the letting agency. Have also discovered photos up on new agency website taken without permission showing all our daughters things in the flat so were obviously taken recently. We will change the locks.