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Landlord rights(52 Posts)
Moving out in just over a week and landlord is arranging viewings. Me and DH have said that we would rather one of us is present as it's our home etc and could he do them evenings or weekends. Landlord has now said basically he will try but if there are any he can't then he is going to do them whether we are there or like it or not.
Am I right in thinking that he needs permission and can't let himself in if we have said we're not happy? Is it trespass?
Also we feel we have been very accommodating so far by taking time off when he has wanted to do viewings at 9am, but we don't want to use up any more leave to do this.
Thanks in advance for any advice.
Evans... Yes we're moving to a bigger place as I'm pregnant with twins. As I said I think we have been really flexible so far and just took umbrage at his attitude.
LRD thanks for the form of words that's really helpful. We meet him here on our last day to go through inventory etc and I thought if he had any issues about the condition he would be obliged to raise it then. Would he be allowed to say afterwards there was an issue and contest the return of our deposit? You have got me thinking anyway and will take photos to be on the safe side.
Well i used to rent and it was 24 hours notice and the point is its his house and theyre leaving anyway so why be so uppity about it? What actual harm is he doing trying to keep rent coming in? My opinion is that it is unreasonable.
I don't think we're being uppity. Yes we are leaving but until we do all are personal and private possessions are here and I just don't feel comfortable with strangers wandering around without one of us present.
Maybe if he hasn't have delayed advertising the property for 4 weeks it would have been easier to schedule viewings in. If as other posters have said that he really needs to get someone in he would have advertised straight away!
He owns the house but until the tenant leaves it is her home. And she has the right to quiet enjoyment. Thems the breaks when you rent your property out.
I think op hit the nail on the head though with taking time off work being outside the realms of reasonable access as per her contract. It isn't reasonable! I cherish every day of my annual leave and would be mighty pissed off if I had to use it for showing someone around what will be in a week, someone else's property. That is an imposition on both their home and work life. Ooh no.
limited - no, it wasn't 24 hours notice, it was 24 hours notice if you agreed. That is the law. What your agreement says is irrelevant.
The reason it might matter to the OP is she may not want someone in her home when she's not there. That's not exactly unusual! It's her home.
derpess - no worries. Best of luck.
He's not allowed to contest the deposit just because you exercised your legal right to agree to a time for viewings. He could, however, do something nasty like claiming you had trashed the place, I suppose.
I just always take photos anyhow, as I've never had a LL or LA be dishonest at all but a mate did have one who (completely innocently) didn't realize that the damp patch on the ceiling wasn't her fault but had happened during the two weeks while she'd moved out and the upstairs tenant had flooded her place! So you never know what might happen and what you might need to prove you did.
The legal position has been given above. Legally you can refuse any or all viewings for any reason whatsoever - including that they clash with Eastenders.
From an AIBU / karma point of view - I think you should do viewings if it is convenient for you. So - no more time off work, not letting him show around without you there. But if you are going to be in anyway (and assuming it isn't an important episode of Eastenders) then it would be a decent thing to do viewings.
Ok i understand now,i thought from mine it meant they could come in with notice but fair enough im wrong about that and i apologise x
Derpess YANBU i wouldnt want strangers in my house while im not there! Good luck with your twins!
limited - oh, I thought that for ages too! I was really pissed off when I found out it wasn't true as my LL was a little too fond of poking around my room at the time. It's one of those weird things that you never seem to find out until you realize you've landed the one pervy/nosy LL in town, and then suddenly it matters.
I got on quite well with one LL (or so I thought) so when she had viewings we left the house and let her show the prospective tenants around. It was a furnished property and even included pots, pans, crockery etc. A couple of plates had been chipped and I found the shop nearby where she'd bought them and got them replaced. On checkout she spent ages going through the plates trying to find the chipped ones (so she could charge us) and that's when I realised while we'd been out during viewings she'd been through everything which made me really as lots of our personal stuff was obviously in the cupboards too. I didn't say a word about replacing the plates as I was getting too much enjoyment from the puzzled look on her face. As a result I negotiated a lot less being taken off the deposit for damage as she obviously was doubting herself.
I can understand her checking if she'd noticed it, but it would make you feel a bit over-inspected, wouldn't it?! That's quite funny, her reaction.
My LL that I had to get fussy with, it was sad really. Her son was the real LL and she was elderly and I think (in retrospect) possibly not coping perfectly. He'd sort of given her this responsibility of looking after the house to keep her busy, I think. She came in every couple of days - it was a big house with separate rooms rented out - and cleaned the kitchen, but she got more and more strict about her ideas of what went where, to the extent that she'd throw away perfectly good, clean cooking equipment if you left it out on a shelf instead of in the cupboard. Naturally it drove me nuts, so eventually I checked up whether she was actually entitled to keep coming and going (and the lettings agent was actually brilliantly helpful).
She was completely shocked and just gasped at me saying 'you want me to give you 24 hours notice every time I come in?'.
I was livid at the time and just felt angry but I saw her a couple of years later in town and she'd got a lot worse, and the penny dropped.
Mummytokatie - agree with you and that is what we had been doing. Asked him to schedule viewings next week for certain times and he then said he'll try but if he can't then basically tough.
I was annoyed at his attitude which is why I asked AIBU to refuse him permission when we aren't here. On reflection overnight and based on some of the responses I don't think this is unreasonable.
I feel disappointed that I am going to be 'laying down the law' but I am equally disappointed that the LL had seemingly disregarded our wishes and said he will do what he likes.
Thanks all for the responses. Very much appreciated.
I think he's trying it on, or doesn't know the law - either one is not good.
I hope you get a good result.
I can see why you're annoyed - it's the high-handed treatment of being told 'tough' that would get to me.
The stories about other LLs are making me worried about what the new one may be like! Giving me a good idea if my rights though and how to deal with it.
Oh, don't be worried - the vast majority of LLs are going to be decent people, just like the vast majority of tenants. It's just the few in each category who cause the major headaches on both sides.
Btw, the people in Legal can be amazing about knowing exactly what to do about anything like this.
I think yabu regardless of the exact legal position. I've viewed hundreds of properties to rent over the years, sometimes the tenant was in, sometimes not. What do you think they are going to do?
Steal things - take look at personal items / paperwork - sniff pants etc how the fuck you can be so naive is beyond me.I had one client who had her identity stolen
Another vote for "quiet enjoyment". I mean, tenants are people.
I think you've been very reasonable in saying that you're willing to allow viewings whilst one of you is home. He's being completely unreasonable and would not be acting within the law, as others have said.
eccentrica + it could invalidate the contents insurance. at least ours would have.
Good luck with the twins OP.
Reading about shitty LLs here does put my back up as it tars all with the same brush. I won't even enter my sister's without knocking and waiting to be let in, and I have NEVER snooped into other people's belongings if I've been left alone anywhere.
I had a friend who stayed with me while my parents were away. After she left, I did a very quick tidy up and stripped the bed and found a huge pile of chocolate wrappers under the bed she'd slept in. I rang her and asked her what they were doing there. She replied that she'd found a secret stash of chocolates in the bottom of my mum's wardrobe! I never asked her to stay again and never left my bag in the same room as her.
How much more disclaimers that not all (or even many) LL are like this would you like, before we can acknowledge that some are?
There are some people who are unpleasant and untrustworthy. Some of them are LL. It's no reflection on the rest.
Update- sent LL email yesterday saying we don't give him permission to come in when we aren't here and said we are entitled to quiet enjoyment of property etc. also gave list if times he could do his viewings when we would be here.
He replied today saying that's fine thanks- bit of a shift in attitude! Am glad we stood up for ourselves and thanks again for all the advice.
Presumably he's posted on the landlord version of mumsnet and been told the same as you. (Probably with some stories about rogue tenants who refused any viewings, stopped paying their rent, refused to get out and trashed the place!)
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