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Right to peaceful enjoyment

(4 Posts)
Gozogozo Thu 06-Nov-14 14:40:42

Hi
I have an assured shorthold tenancy with a 6 month break clause, which I wish to use.

The landlords are aware that I would like to leave at the end of 5 months (my house is being renovated) but were very happy to take us on as they planned to sell the (inherited) house and it needed to go through probate. So a win-win. Obviously we knew that we were going to need to pay the full 6 months.

My contract specifies that from the time I give notice at the end of month 4, viewings for future tenants can commence with 48 hours notice. No clause of the right to peaceful enjoyment.

I didn't think about it much at the time, well not that particular phrase as I didn't know it existed, but now it really bothers me to think of people going around my home without me being there...

Fast Forward to now - landlords have told me that they will bring contractors in next week, no need for me to be present, and this 'may' lead to them being able to release me at end of 5 months. I'm not happy to have them in when I am not here, but can suggest some large (5 daytime hours) blocks of time when they can view, as obviously I want to facilitate not having to waste a month's rent if possible.

Am I justified in saying only when I 'm home, and I will rearrange my life to be as flexible as possible? I want to be as helpful as possible, but is my right to peaceful enjoyment absolute or I have I just got to suck up whatever they tell me?

Thank you

specialsubject Thu 06-Nov-14 17:34:44

as it is not an emergency, you don't have to let anyone in at any time. The contract doesn't over-ride that, it is an unenforceable term.

so yes, you can tell them to get lost. They clearly drafted the contract otherwise but they can't stop you.

you can of course leave when you like, but you ARE contractually obligated to pay the full six months. If you want that cut down, then give and take would be good.

get talking.

Gozogozo Thu 06-Nov-14 21:06:23

Thanks specialsubject.
I agree. I have just had a text back saying that they cannot accommodate us 'contractually' and will come anyway (at the unsuitable times).
I will speak to them tomorrow.

specialsubject Thu 06-Nov-14 21:19:34

ok, so they are holding you to your side of the law which is to pay the full six months. So hold them to theirs - no non-emergency access without your agreement.

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