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I agree with ThePalmist. How is this an issue. It may be your home but at the end of the day it is his property and this is part and parcel of what happens when you rent and don!!!8217;t own - yes I know some people cannot afford to buy. Being stubborn will be a fruitless exercise and I can!!!8217;t see you making any gains, financial or otherwise, by being awkward. Just ask for a reasonable amount of notice and say can you time them so all viewings are done on a single day rather than viewings every day of the week.0
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Sigh!.....
If a landlord made unreasonable demands for access, then the law (ie the courts) would over-rule the LL's contractual right, based on the tenant's right to Quiet Enjoyment.To answer the OP, this point is habitually discussed on this forum
True. And other forums too!
The right to quiet enjoyment says that you do not have to allow the landlord access.
No. It does not. It is a Common Law right which affords some protection to tenants from undue interference. It certainly does not say: "you do not have to allow the landlord access "! The right to Quiet Enjoyment is tempered by a landlord's (reasonable or contractual) rights.
On the other hand he might point to the clauses within the contract.
Indeed.
For him to take the matter to court would take longer than the Notice Period on the property
This is generaly true.
so it's basically never been tested in court and is highly unlikely to ever be.
??? err.. there are many legal cases, going back over the last 200 odd years, which have revolved around, or included, the right to QE!
As it is a Common Law right, that is exactly how the right originally arose. There is no Act of Parliament - the right to QE comes from court cases.
On that basis general consensus of most reasonable posters is that if you wish to deny him access you're entitled to do so.
I dispute that that is the consensus.
If you absolutely want to stop him entry change the locks but keep the original barrels to replace them when you move out.
That is certainly a practical course of action, and as you pointed out, the timescales for legal action, not to mention the hassle, mean few landlords would go to court.
However the landlord may not look on this favourably when you move out
Indeed
and he may take the mickey with deductions
Ah! Your choice of words is revealing!
which will mean you're getting to whole discussion with him at a later stage about what's reasonable via the tenant deposit service.
But conversely, the tenant's right to Quiet Enjoyment would be over-ruled by a LL's reasonable demands for access, where the contract allowed for that.0 -
The_Palmist wrote: »I have been to plenty of viewings while tenants were there and happily showed me around, why is this a big deal unless access is being asked at unreasonable time.
No point making anyones life hard just for the sake of it.
Perhaps the tenant could be present whilst the viewings take place if they are particularly worried about them. However if it were me I would not expend my own time/effort doing these viewings on behalf of the landlord... I don't think that's unreasonable!0 -
I dont understand the problem.
Is there actually a reason why you don't want him doing viewings or your just having a tantrum because he wants to sell and you don't like it?
I get you don't want people looking around but to be fair most people aren't actually interested in you or your stuff. They are there to see the house. If you are that concerned spend £20 on dog cam or something and watch remotely. Obviously you should tell your 'LL if your recording.
I think the 1st problem is having changed the lock and failed to provide a key. Do you intend to with hold one he the 'LL asks?
You say your looking. What if the 'LL serves you notice - that won't help as they are then unlikely to give you a reference. On the flip side he may sell to another 'LL willing to take on a tenant and then you will have screwed yourself over.
People can cite quiet enjoyment or whatever but your LL gave notice, has explained themselves, done it By the contract you signed and at this point hasnt had a stream of peole through the door. You sound to be quite unreasonable to be honest.0 -
Anyone saying don't allow any access is a fool. However, you can tailor access to suit you by discussing it with the landlord for certain days/times. There's no need for them to take over your week, just don't be a moron eitherAn answer isn't spam just because you don't like it......0
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I have informed my landlord that the time is not convenient for me, but will update him with a convenient time in due course to allow viewing while i am home. The message i get back seems to imply he will attempt access regardless. what happens now?0
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Have you actualy had conversation with your 'LL a out your concerns?
Would probably be the 1st place to start rather than taking an implication from a message0 -
Change the locks: (keep old ones to put back when you leave).
And/or get a "shed alarm" (needs to screw into wall..) to detect intruders & let neighbours know you are worried about burglars & would they please 'phone police if it goes off... see
https://www.amazon.co.uk/dp/B0781ZTCS8/ref=asc_df_B0781ZTCS8523091550 -
I have informed my landlord that the time is not convenient for me, but will update him with a convenient time in due course to allow viewing while i am home. The message i get back seems to imply he will attempt access regardless. what happens now?
What exactly does the reply you have received from the landlord say?
In your OP you say that you've changed the locks, I presume the landlord does not have a key that will open the new locks, so what will happen if he attempts to enter the property is that he will be unable to and will probably look a bit foolish in front of whomever wants to view the property. Your landlord will then become (more) annoyed with you but is probably too much of a tight !!!! to issue a Section 21 and follow it through just yet for fear of a void period.
On the flip side, if the person wanting to view the property is another landlord you will have marked yourself out to be a PITA tenant.
Personally, I would focus my efforts on finding a new home asap and serving my own notice leaving your landlord with no cake to eat or otherwise.0 -
I get the impression they are not very experienced landlords, especially with reference to the law.
In a nutshell, the message was they do not accept my notice of no entry and will force the lock if necessary and any damage would be passed on to me.0
This discussion has been closed.
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