Tenants rights

[Progress2019]

I don’t have any experience of this, but I know there are some very knowledgable people here. Can you help my daughter?

She moved to Leeds in July to a small one bed flat which she lives in alone. After being caught out before we didn't want to be guarantors, also husband is now freelance, and I’m self employed so it might not have been possible, but it didn’t matter as daughter had savings and paid a years rent up front.

Since September, but getting worse since December the agents have been showing round potential new tenants. She often gets texts or emails on the day, or sometimes they just turn up. She’s quite a nervous girl at the best of times, and is now getting quite distressed by this, she’s just had covid and it still happened despite her telling them.

They’re coming today and have been round every day this week

She’s only just told us about this, hence me only asking now, but this doesn’t seem right to me. On the yougov website it says tenants have a right to live undisturbed.

She’s not a student but it is a small cheap flat and other people in the building are students. She might have rented for a further year and has money saved to cover this, pretty much (we could lend her the rest or she has 5.5 months to save it), but she thinks she’ll move now, but shouldn’t she be allowed to live there quietly? She does shift work, but says even if she gets home at 2am, she likes to be up and dressed by 8 in case they come round

This year shes had 12 email appts, 5 texts, and 3 without notice, although she said they may have come by other times when she’s not there.

Your can buy stick on magnetic door alarms which let out a shrill alarm if the door is opened when she is at home, that should scare them off

I had something similar when I was in my final year at uni and the estate agents would turn up unannounced with prospective tenants for the next academic year.
I used to barely open the door so they couldn't see in and then flat out refuse to let them in. I'd make sure they potential tenants knew they hadn't let me know because then they get an idea of what they might have to put up with. After a couple of times they stopped doing it and always let me know in advance after that

It’s all very well saying don’t pay a year up front but if you haven’t got a guarantor your options are often to pay up front or don’t rent anywhere.

She absolutely should refuse any more viewings at this stage and they cannot let themselves in. My dd has 6 months left on her tenancy and no way would she allow viewings at this point of the year.

Assuming it’s a fixed term short hold tenancy then she decides if she’s staying on, not the landlord. He shouldn’t be advertising the flat unless she gives notice.

This is from Shelter

“ Your landlord or agent may contact you during the tenancy to check if you intend to stay on when the fixed term ends.

Your landlord may have a preferred option. But they:

can't insist that you sign a renewal agreement

can't make you leave without following the legal eviction process
Don't feel pressured into leaving or signing a new agreement.

You can decide what's best for you by understanding the options before you respond”

Paid fully until July and they are showing people round now. Why?

Tell them to go away. She has the right to quiet enjoyment.

When I left my property last year with 1 months notice I was asked if someone could come and view the property. I didn't fee comfortable doing this due to covid and also because with studying online and having a young child I just didn't want the inconvenience. The agents were absolutely fine with this, no more questions asked

I would recommend that you daughter compile a timeline of all the visits and contact and email the agent with this reiterating her right to quiet enjoyment and stating she will not tolerate any further intrusion.

If it continues, a solicitor's letter would be in order.

It sounds to me like the agents have been using her flat as the show flat! As in, an example of what a flat is like in the building to prospective future students of other flats in the building.
Totally unacceptable! Unless of course she would have consented to it by eg being paid a fee, rent deduction etc and even so, should have been contractual. For example, no more than 5 viewings per calendar month during business hours Monday to Friday following 24 hours notice in each case.

They can't looklet themselves in but equally she can't change the locks. She needs to email to point out there will be no more viewings until 8 weeks before she leaves. She should also be go by en 48 hours notice of any inspection, which should not involve any member of the general public and should only be letting agent for inspection or people for has certificate, electric certificate, EPC or work people doing repairs. She should not answer the door to them unless 48 hours notice.

Yes she can change the locks, and it’s recommended that tenants do so for insurance purposes

@caringcarer
You’re wrong about the locks, as long as she changes them back. She doesn’t have to allow viewings full stop, eight weeks before she leaves, 48 hours or not.

she can't change the locks

Yes she can so long as she makes good when she leaves, either by reinstating the old locks or providing the landlord with the keys for the new locks.