Rights for Viewings

Kittenplump_2

So i have been a tenant the last 10 years and was served a section 21 on Friday out the blue. I had previously asked the question that are they looking to seek in November as they asked for the house to be valued. They said they didn’t know. They obviously did and it’s left a very sour taste in my mouth. We have been extremely good tenants and now we have to be out in 8 weeks time. My question is my tenancy does have a clause about allowing viewings. But quite frankly i will not be allowing this while i am still a tenant in situ. I’m now in process of packing my whole house and me and my partner work long full time jobs. This is inconvenient and i will not be agreeing. 

Can they do anything if this is what will be seen as breach of the tenancy with not allowing these viewings. 

FlorayG

Please quote the line in your tenancy that says you have to allow viewings, as this will affect accuracy of answers.

As for the S21 you do not have to move out in 8 weeks time. A S21 is the landlord's notification that if you have not moved by 8 weeks from serving the notice they will be entitled to start court proceedings to evict you. The LL can't make you move out without a court order. If your LL needs you out quickly it would be to his advantage to offer you a sum of money to vacate on notice date, saving him time and expense in evicting you

artyboy

...and of course if the S21 is not valid for one of many reasons, any attempt to evict you via a court process will fail. That's not to say that you shouldn't be planning to move, because the LL has made their intentions clear now. but the point being is you have much more time on your side than you realise.

Also, playing devils advocate and giving them a little latitude here, perhaps the LL genuinely wasn't sure if they were going to sell when you asked them, but they got a sufficiently favourable valuation to sway them in that direction. Yes it would obviously be nice if they had a chat with you before the S21 landed on the doormat, but this is at the end of the day a business relationship.

Kittenplump_2

@FlorayG This is the clause in contract 

2 Provided the Landlord has given the Tenant at least 24 hours’ prior notice in 

writing, the Tenant must give the Landlord (or any person acting on behalf of 

the Landlord) access to the Property at reasonable times of day in the 

following circumstances for the purposes specified:

(a) where the Tenant has given notice under clause 1.6.3 to show 

prospective tenants or purchasers, letting agents or estate agents 

around the Property

(b) where the Landlord has given notice under clause 1.6.2 to show 

prospective tenants or purchasers, letting agents or estate agents 

around the Property

FlorayG

yes, that clearly says you need to allow access ( assuming LL has adhered to clause 1.6.2)- but it also says 'at reasonable times of day' which in your case would be when you are home from work and able to be there.  It's not reasonable to let any stranger access your home while you are out at work.

user1977

And even if it were a breach of your tenancy agreement, I'm not sure what practical effect that has given you're on your way out anyway.

Kittenplump_2

I’ve been advised he can’t do much if I don’t allow viewings. Even though it’s in the contact. He has served the S21 and we are at work all day (long days and we both work Saturdays too. ) So he will have to wait till i vacate if he is going to want viewings. We are looking to be out by the 8 weeks and this has cause nothing but undue stress. I am not allowing strangers with us being in situ and the house turned upside down with packing/moving. It all couldn’t come at a worse time. My daughter is getting married and we all fly out on the 2nd August for her wedding. I’m just not impressed when we have been loyal tenants for 10 years and never asked for anything. 

Smalltownhypocrite

You do not have to allow viewings, legally you have the right to refuse entry to your home. 

A contract taken for a short set period 10 years ago has little to no baring also anything added in a contract does not negate your legal rights of quiet enjoyment anyway. 

They can request viewings but you do not need to allow them.

TheJP

Kittenplump_2 said:

I’ve been advised he can’t do much if I don’t allow viewings. Even though it’s in the contact. He has served the S21 and we are at work all day (long days and we both work Saturdays too. ) So he will have to wait till i vacate if he is going to want viewings. We are looking to be out by the 8 weeks and this has cause nothing but undue stress. I am not allowing strangers with us being in situ and the house turned upside down with packing/moving. It all couldn’t come at a worse time. My daughter is getting married and we all fly out on the 2nd August for her wedding. I’m just not impressed when we have been loyal tenants for 10 years and never asked for anything. 

Wrong. The LL has keys and will conduct viewings when you are not at home as per your contract of which you happily signed! All he has to do is give you 24 hours notice, you cant stop it and as per the terms you agreed you have no right to. Dont make it difficult and add stress to an already stressful environment because the additional stress will be on you.

Kittenplump_2

That’s actually incorrect. The LL cannot access the property without my permission to do so regardless of the contract. A clause in the tenancy agreement that allows for viewings or inspections does not override the tenant's right to refuse access. Under the Protection from Eviction Act 1977 landlords must not do anything which could be deemed harassment, and entering a tenant’s home without asking first is a prime example of this.

artyboy

Kittenplump_2 said:

That’s actually incorrect. The LL cannot access the property without my permission to do so regardless of the contract. A clause in the tenancy agreement that allows for viewings or inspections does not override the tenant's right to refuse access. Under the Protection from Eviction Act 1977 landlords must not do anything which could be deemed harassment, and entering a tenant’s home without asking first is a prime example of this.

And yet sadly we see threads on here where landlords have let themselves in anyway, for any variety of reasons. Given your apparent view of your landlord's attitude right now, I'd be making damn sure the locks were changed for the remainder of the tenancy.