Landlord / Letting Agent has intentionally deceived us

Mstty

This reminds me of another post where it was renter's versus clear headed forumites.

As said above with good notice viewings will not contravene quiet existence, again with the caveat they should not be excessive.

Make that clear to the EA or point blank refuse.

Sadly you still haven't come back to my early question as to whether or not the listing states tenanted or not.

Murphybear

BobT36 said:

Suzey said:

celesp said:

I had a bit of a go and explained the situation, she asked if she could do viewings today. I used my right to quiet enjoyment and told them that I do not want anyone coming into my home whilst we are contracted (6 months initially and yearly after that.), we still have yet to unpack properly. The agent was noticeably angered by this and said, "It was always the landlord's plan to do this and you have to leave regardless of whether you let us in to view".

Check your rental contract - what does it say about viewings?

Some of them don't mention viewings, some of them say viewings can be conducted in the final month of the tenancy.  You don't have to allow viewings unless your contract says so.

Even if it's in the contract, the tenant cannot sign away their statutory rights. If a clause in the contract contradicts the law, the law supersedes it. Enforced viewings would conflict with right to quiet enjoyment. 
Besides what is the landlord gonna do if refuse in the last month, and leaving anyway?  

This is something every tenant, landlord and agent should be aware of.  Known in the trade as “statute overrides contract”.  This was drummed into us when we were training for our ARLA exams.  

_Penny_Dreadful

saajan_12 said:

BobT36 said:

Suzey said:

celesp said:

I had a bit of a go and explained the situation, she asked if she could do viewings today. I used my right to quiet enjoyment and told them that I do not want anyone coming into my home whilst we are contracted (6 months initially and yearly after that.), we still have yet to unpack properly. The agent was noticeably angered by this and said, "It was always the landlord's plan to do this and you have to leave regardless of whether you let us in to view".

Check your rental contract - what does it say about viewings?

Some of them don't mention viewings, some of them say viewings can be conducted in the final month of the tenancy.  You don't have to allow viewings unless your contract says so.

Even if it's in the contract, the tenant cannot sign away their statutory rights. If a clause in the contract contradicts the law, the law supersedes it. Enforced viewings would conflict with right to quiet enjoyment. 
Besides what is the landlord gonna do if refuse in the last month, and leaving anyway?  

No.
An excessive frequency of viewings, or many at anti social hours, or without notice may interfere with QE. However a reasonable number, at reasonable times, with 24 hours notice are just fine. 

Have you read the OP’s tenancy agreement to know what it says about allowing viewings? 

BobT36

saajan_12 said:

BobT36 said:

Suzey said:

celesp said:

I had a bit of a go and explained the situation, she asked if she could do viewings today. I used my right to quiet enjoyment and told them that I do not want anyone coming into my home whilst we are contracted (6 months initially and yearly after that.), we still have yet to unpack properly. The agent was noticeably angered by this and said, "It was always the landlord's plan to do this and you have to leave regardless of whether you let us in to view".

Check your rental contract - what does it say about viewings?

Some of them don't mention viewings, some of them say viewings can be conducted in the final month of the tenancy.  You don't have to allow viewings unless your contract says so.

Even if it's in the contract, the tenant cannot sign away their statutory rights. If a clause in the contract contradicts the law, the law supersedes it. Enforced viewings would conflict with right to quiet enjoyment. 
Besides what is the landlord gonna do if refuse in the last month, and leaving anyway?  

No.
An excessive frequency of viewings, or many at anti social hours, or without notice may interfere with QE. However a reasonable number, at reasonable times, with 24 hours notice are just fine. 

"Just fine", lol... In who's opinion, the landlord's? It would absolutely NOT be "just fine" for me. I would reject all such requests, unless it also benefited me. Why would I, otherwise? If under contract then there's no need, if out of contract, the landlord has options to free up the property for viewings, and that is a S21 and the proper process. No having cake and eating it too..

While the tenant is renting, it is their home. Why should they allow rando's in? 
Quiet enjoyment is quiet enjoyment, not "sometimes". 

Unlike with repairs and other stuff that is objectively in the tenants interest, exactly what benefit do the tenants get from having people tromp around the property while it's their home? None, it is purely benefiting only the landlord. That makes it a one-sided (unfair) contract term. 

UNLESS the tenants are wanting to leave and negotiate allowing such as an early surrender, then it does benefit them. 

Mstty

I would suggest it may be a benefit to the tenant keeping their tenancy under new ownership. That would be a benefit rather than the current LL having to issue a S21 to allow viewings and then that would probably mean another rental property off the market.

Sadly the OP still hasn't returned to suggest whether this is being marketed as tenanted and if not I agree no benefit, poor communication and they can push back on the EA as much as they feel comfortable with.