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Renting: do you HAVE to let the estate agents show the property?

(16 Posts)
banana87 Wed 25-Aug-10 23:07:07

I am so pissed off.

We moved into this place 6 months ago, and have a DD who is 2 next month. We were promised a "long term let" but received a letter last week saying that the landlord wants to exercise the 6 month break clause and take the property back

I have now seen the property advertised FOR LET on Find a Property. The estate agents have NOT notified us about this, nor will they tell us why the landlord wants the property back.

The main question is, are we obliged to let the estate agents in to do viewings? It is so not convenient for us with a LO and trying to organize moving AGAIN. What are our rights?

SenoraPostrophe Wed 25-Aug-10 23:12:53

If they've given you notice, then I'm pretty sure you don't have to let them do viewings, no (you have to let them have access to check everything's ok I think once a year but that's it)

check your contract though: does he definitely have a 6 month break clause? (and if he has, surely he's missed it?)

I hate landlords who do this

banana87 Wed 25-Aug-10 23:35:27

We've bought so we are getting out anyway

Im just stressed about the am I supposed to prepare to move again (twice in 6 months) with a 2 year old and work??? If they want to view, the property will not be in a very tidy condition.

We are away Sept 7-21 then moving on the 2nd. Do you think its reasonable to say they can do viewings whilst we are away and then again after we move? I just dont see how it can be achievable otherwise???

SenoraPostrophe Wed 25-Aug-10 23:45:43

I think in the circs it's quite reasonable to say they can't do viewings at all until you've moved out. You don't have to allow viewings at all, and if you do you are completely entitled to say which dates etc.

banana87 Wed 25-Aug-10 23:57:24

Thanks Senora,thats great. I think they have cocked up on the 6 month thing too as I have been reading that if it has already been 6 months then they cant exercise the 6 month clause.
It doesn't matter, as I said, I am now very happy this has happened. I just dont want to be taken to court over "loss of rent" by denying access to the property for potential tenants.
Luckily its above a funeral home so I doubt people are going to come flocking in! Have written to the estate agents. Shall await their BS reply....

artyjools Thu 26-Aug-10 07:56:20

Have you looked carefully at your tenancy agreement? Even long lets have a break clause at 6 months. And if it has been properly drafted on behalf of your landlord then it should say that you must allow viewings at reasonable times - usually on 24 hour notice. If you have purchased a house and are planning a move, but haven't served notice on your landlord, your landlord is right to serve notice on you. He/she will want the next tenant to move in as soon as possible after you move out. Surely this isn't unreasonable? Aren't you able to talk to your landlord directly in order to get a win/win result?

banana87 Thu 26-Aug-10 09:50:42

The landlord gave US notice, not the other way round. We have thankfully found somewhere but how is it fair to demand I make sure the house is tidy to allow viewings AND pack AND look after a 2 year old AND work ,when this all was NOT my choice? The clause for viewings is in most contracts but from what I understand it cannot be enforced without a court order by which time we will have left anyway.

artyjools Thu 26-Aug-10 13:57:45

Sorry, I misunderstood. I can understand you being niffed if they are booting you out and reletting the property but haven't said why. Very strange.

BeenBeta Thu 26-Aug-10 14:06:24

No you do not have to let them view unless it specifically says so in the lease and even then with 24 hours notice and at reasonable times. It is your home and you have an aabsolute legal right to quiet enjoyment.

You should email the estate agent and tell them it will not be convenient to have viewings while you are moving out.

banana87 Thu 26-Aug-10 18:48:46

I have spoken to the estate agent who pretty much said I have to let them in if they give 24 hours notice which I know is a crock of shite.

I did however, suggest reasonable days and times (2 days per week) which will be good for us. They still said they will give 24 hour notice for outside those times but I will refuse them to come in if it is not convenient for us. Bastards.

BeenBeta Thu 26-Aug-10 19:15:05

Quote this at them.

Courts read a covenant of quiet enjoyment between the LANDLORD AND TENANT into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.

Check your tenancy agreement tough to make sure there is not a clause you signed to say you would allow them in to carry out viewings.

Generally I allow viewings with 24 hours email notice between 9 am and 5 pm and 9 - 12 on Saturday.

banana87 Thu 26-Aug-10 21:47:32

Oh there is a clause, but I am allowing viewings. If they want to come outside those times then I have told them not to expect a tidy home.

florencerose Fri 27-Aug-10 01:32:17

you don't have to allow viewings your stat right to quiet enjoyent overrides the landlords right to conduct viewings as beta dad says.
just say not convenient
then have the place as a mess with everyone eating or dd in bed and don't let them in her bedroom
much easier than trying to teach an EA anything about property

florencerose Fri 27-Aug-10 01:34:12

you don't have to allow viewings your stat right to quiet enjoyent overrides the landlords right to conduct viewings as beta dad says.
just say not convenient
then have the place as a mess with everyone eating or dd in bed and don't let them in her bedroom
much easier than trying to teach an EA anything about property

(disclaimer I'm not a lawyer shelter did confirm this for me though they have a great free helpline)

plupervert Mon 29-Aug-11 17:03:06

It is in their interests to do viewings at the times you have stated are convenient, meaning the house will be in an appropriate state.

They do have to have your consent to come in, no matter how much notice they give. Let's say you go away for the weekend, and get "notification" from the EAs about a viewing they would like to do while you are away. The place will not be tidy, and you may have bills and personal documents and jewellery lying about (I was terrified of having my engagement ring nicked while we were in this position recently). Why should you be forced to leave your things vulnerable to strangers in your home? It's against your interests, so the law is not going to force you to do it, is it?

halfbabyhalfbiscuit Mon 29-Aug-11 19:56:15

banana sounds like you have reached a sensible agreement (and good luck with the house move!)

BUT, don't pay too much attention to the advice that you have been given about "quiet enjoyment" - the landlord is highly unlikely to be breaching this clause by showing new prospective new tenants around, especially if you have been given notice of the fact that they are coming.

If someone is coming to look at your place, don't worry about it being mega tidy - just leave it as you would do normally - as long as it's only untidy, it won't be breaching the lease terms.

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