Renting & access - have estate agents acted illegally?

real1314

barnaby-bear wrote: »

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

Again, have you got this from a particular setion of the act? Anyone can say "yes, it's this, I've checked it" but backing it up with a link or details of the section of the act will allow the OP to be sure of their ground.
It's be a funny thing if the OFT were going against the housing act.

tbs624

Gorgeous_George wrote: »

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

I agree with your sentiments GG and as the OP has said, the property is up for sale (hence the viewings) so his tenancy agreement is unlikely to continue after the fixed term............

tbs624

real1314 wrote: »

Again, have you got this from a particular setion of the act? Anyone can say "yes, it's this, I've checked it" but backing it up with a link or details of the section of the act will allow the OP to be sure of their ground.
It's be a funny thing if the OFT were going against the housing act.

Real - you gave a link to the OFT Unfair Contract Terms booklet in your previous post. If you have a look what is says in there (3.32 to 3.34) it refers to access for two purposes - one to check whether repair is needed, and the other to carry out those repairs - both of which are to enable the LL to comply with his legal "repairing obligations". The footnotes in those Sections cover the relevant legislative links Agreeing to allow prospective viewers around is entirely different: yes, strictly speaking, if you sign an agreement that says they can do that then you should honour it, but then, strictly speaking, the LL should have the good manners to discuss the appointment with the tenants rather than just announce it. If you own your own home you negotiate viewing appointments with prospective purchasers and this should be the case for a tenant who is paying you rent. It does rather hinge on that word "reasonable" ..........

barnaby-bear

real1314 wrote: »

Again, have you got this from a particular setion of the act? Anyone can say "yes, it's this, I've checked it" but backing it up with a link or details of the section of the act will allow the OP to be sure of their ground.
It's be a funny thing if the OFT were going against the housing act.

http://www.lag.org.uk/Templates/System/Publications.asp?NodeID=89139&Mode=display

There was a famous case where tenant refused access for gas safety certificate - court granted they were entitled to do so and the landlord could not enter but to fulfil their obligation should end the tenancy and it is sufficient for them to prove they have made reasonable attempts to have it undertaken. You can't demand access to inspect for repairs but you can if there's a burst pipe flooding the pipe.

http://www.landlordzone.co.uk/forums/archive/index.php/t-6765.html
http://64.233.183.104/search?q=cache:SE-4w2BlR2UJ:www.stevenagehomes.org.uk/stevenagehl_web/shl_res/shl_filestore/dnld_rentingahome/introductory-tenancy-contract.pdf%3Binternal%26action%3Dsave.action+quiet+enjoyment+gas+safety+refuse+access&hl=en&ct=clnk&cd=22&gl=uk

If a tenant refuses access - you aren't allowed to go in. Full stop you have to take legal steps to gain access. The only time you can enter if permission refused is an emergeny such as a flood or gas leak.
http://www.landlords-property-insurance.co.uk/advice_four.html

MissMoneypenny

From Shelter's website

"Is your landlord selling the property?

In some cases your landlord may be trying to sell the property and bringing people round to view your home at times that are inconvenient to you. Unless you have agreed clearly in advance, your landlord does not have the right to show people around your home without your permission. If you prefer not to allow this, your landlord will have to wait until they have evicted you using the proper eviction procedures before showing potential buyers around."
http://england.shelter.org.uk/advice/advice-7354.cfm