Renting & access - have estate agents acted illegally?

Alleycat

As you have an Assured Shorthold Tenancy you have the right of exclusive occupation, which means that you can exclude all others entering your home. People can only enter the property, your landlord included, with your permission.

However, you cannot withhold your permission if your landlord requires access in order to carry out his or her repairing responsibilities and has given you reasonable notice.

"Reasonable notice" is considered to be a minimum of 24 hours.

From time to time the landlord also has the right to carry out a general inspection to make sure everything is alright.

This is a statutory right rather than contractual, so your landlord cannot just omit this from the tenancy agreement and make a right of access enforceable.

This is correct under the Housing Act 1988.

real1314

Alleycat wrote: »

As you have an Assured Shorthold Tenancy you have the right of exclusive occupation, which means that you can exclude all others entering your home. People can only enter the property, your landlord included, with your permission.

However, you cannot withhold your permission if your landlord requires access in order to carry out his or her repairing responsibilities and has given you reasonable notice.

"Reasonable notice" is considered to be a minimum of 24 hours.

From time to time the landlord also has the right to carry out a general inspection to make sure everything is alright.

This is a statutory right rather than contractual, so your landlord cannot just omit this from the tenancy agreement and make a right of access enforceable.

This is correct under the Housing Act 1988.

Which section of the housing act 1988 covers this? The only section I can see that "might" apply is the harrassment one, (29) however the landlord can cite "reasonable grounds" and can refer to the tenancy agreement and the OFT guidance.
A tenant who unreasonable withheld consent for viewings could be sued by the LL, ultimately leading to the court deciding who is in the right.

teabelly

A better answer might be to suggest an open day a few weeks in the future at a convenient time eg for a few hours on a weekend where all interested parties can turn up rather than having them in dribs and drabs. If the LL or the EA don't like it then mention the human rights quiet enjoyment plus your rights as a tenant and if they so much as think about conducting viewings before that open day time you'll splash their inconsideration all over the local paper.

Check out your contents insurance, you might have access to a free legal helpline where you can ask exactly what your rights are and what obligations you have. Also the CAB might have some info as I suspect they come across this situation a lot.

redcar_2

I think the problem is LL/LA has the right to give you 24 hours notice that they will enter the property.

You have the right to refuse entry if its not convenient.

...However if you don't get the notice you can't refuse it.

I have heard of people saying you can write to agents etc saying you refuse entry unless you have given explicit permission to cover the 'don't get the notice' problem but I don't know how you go about enforcing this if they don't want to play ball.

Scribble

Thanks. Really, I do need to check my insurance on this. It's a slight pain that I didn't know about, and I would rather the agents inform me over the phone if they wish to show someone round... I'm a good tenant and I'm happy (OK, maybe happy is too strong) to let them show people round. I certainly realise it's a fact of life and renting.

It's slightly annoying their old terms said they would arrange a mutually convenient time, and now they've changed it to they'll arrive when they think they will and give you notice.

I'm just glad I didn't leave anything on the stairs, causing them any accidents.

redcar_2

You could suggest to the agent that you would hate to refuse a viewing at the last minute and annoy prospective purchasers just because you received the notice only the day before and the time wasn't convenient for you (you were planning to be doing some quiet enjoyment at the time).

To avoid this you could suggest they always contact you by phone about viewings and make sure they give at least xx hours notice if they want to come outside your preferred times (if you are going to allow this).

You may need to underline this with a last minute refusal of a viewing to make your point if they don't keep to your request... :rolleyes:

lil_me

I wouldn't allow them to visit when I wasn't home, my dog most definately wouldn't. I think they'd take the hint when bitten.

barnaby-bear

Alleycat wrote: »

As you have an Assured Shorthold Tenancy you have the right of exclusive occupation, which means that you can exclude all others entering your home. People can only enter the property, your landlord included, with your permission.

However, you cannot withhold your permission if your landlord requires access in order to carry out his or her repairing responsibilities and has given you reasonable notice.

"Reasonable notice" is considered to be a minimum of 24 hours.

From time to time the landlord also has the right to carry out a general inspection to make sure everything is alright.

This is a statutory right rather than contractual, so your landlord cannot just omit this from the tenancy agreement and make a right of access enforceable.

This is correct under the Housing Act 1988.

Yep this is all correct... enforcing they give notice can be fun, one of my favourite "I really am paying rent for quiet enjoyment and exclusive occupation" emphasising techniques:
http://www.all-about-the-home.co.uk/yale-saa5020-pir-shed-alarm-with-programmable-keyfob---free-delivery-600-p.asp

barnaby-bear

Scribble wrote: »

Great point about the insurance!

A friend of mine got identity stolen by viewers nicking post, apparently booking viewings a good way to do this and/or case the place... just show up at an estate agent and you have access to lots of homes with usually no proof of identity. Particularly rife with people viewing rentals.

Gorgeous_George

I wouldn't dream of entering my tenant's home without her express permission.

Many other LLs feel differently. If you don't mind the tenancy not being renewed, stick to your guns, it is YOUR home.

GG