Regarding viewings on the flat we are renting...

[BlueSeren]

I'd like some views on this because our landlord seems to think we abvvvvvvu. I like to think I'm a decent person and we have been fair and accommodating but have been pushed too far.

We are renting a flat in London, and have been doing so for almost a year and our tenancy is coming to an end. Our landlord put the flat on the market approximately three months ago. In that time we have given the selling estate agents a key to the property and have allowed viewings on approximately 2-3 different days per week every week. We haven't insisted on being there, in fact they've asked us not to be there on Saturdays when we would usually be at home. This is inconvenient to us quite often but we have put up with it, for no gain to ourselves at all.

It is inconvenient to lock up our valuables, remove confidential documents which may be lying around and have to go out every single Saturday at 8.30am or so when we work long hours and would like time to chill and enjoy the property we pay a very high rent for. It is usually fairly clean and tidy anyway as that's how we roll but it adds to the things to do list.

Our only stipulation for viewings had been we would like at least 24 hours notice.
Last week the estate agent decided to just let themselves in and conduct a viewing without giving us any notice at all. We said we weren't happy about this. In addition, frequently we are getting two hours or three hours notice, when we are already at work so are not able to get back to put our confidential items away or secure our valuables. I know it is unlikely that anything will be taken but I'm not about to trust complete strangers with my property or personal items. If we don't get back to them in time (which is hard sometimes in our jobs to get to the phone or email) they say they are going in anyway.

We have now decided to limit the viewings to one day per week only, and have let the estate agent/landlord know this. They are irate and threatening they will proceed anyway with viewings when we are at work. I genuinely don't want to be obstructive but it is really annoying to be subject to all these viewings all the time and would like to lessen the impact of this on our daily lives. AIBU?

You need to move.

You are going out 8.30 Saturdays for 3 months and having strangers traipse through your home?
No way.
Move.

You are not being unreasonable. A landlord is allowed to have access on giving reasonable notice to check on the property; access for repairs and access with no notice in emergencies.

They have no right to do this and expecting you not to be there on a Saturday is beyond unreasonable and illegal. Their behaviour is harassment.

I think I would send a registered letter to both the landlord and the agent citing the relevant piece of law and tell them that you no longer give permission for viewings because they have not been following your agreement of 24hours and that if they enter again without your permission you will contact your lawyer.

Then if I had some spare change I might consider a nanny cam.

You have been more than gracious and they have taken the piss and then come back and taken it again.

Just to clarify, you don't have to allow viewings at all.

^this.

I am a landlord and I think the behaviour of the LL and the LA is absolutely atrocious.
They have no right to just enter your home whenever they feel like it. As others have said they are only allowed to enter with 24 hours notice with a good reason or if it is an emergancy. They have no rights when it comes to viewings, that is at the tenants discretion.

You should change the locks as they clearly can not be trusted not to just let themselves in whether you agree or not. I would also advise calling the LA and LL and telling them that due to their unreasonable behaviour you will not be allowing anymore viewings until you have moved out, tell them you will instead supply them with extensive photographs of the property, and take 5 shots of each room from different angles and email them to both parties.

Never mind access to the property...my burning question is WHY is the property unsold a after 3 while months on the market in London?!

London is crazy at the moment- flats get snapped up within a week, usually having so much interest they require an 'open day ' then people fall over themselves to make crazy offers well over asking price.

Sorry- not helpful OP!

I'd say knock those early morning Saturday viewings on the head- you've been far too nice and accommodating!
I'd understand if it was your property you were selling but that takes the piss!

Ditto the others.

I too am a LL, it's written into the tenancy agreement about viewing but that is an unenforceable clause if you don't want any viewings at all. I'd like to think that because I have been a model LL my tenants would allow viewings as per the tenancy agreement because it's very expensive to have an empty house.

LL's are generally advised to budget for properties being empty for 2 months a year, on top of all other expenses.

Btw if you change the locks it is an enforceable clause in your tenancy that you must provide keys to your LL or their agent.

Also bear in mind that although LL's have very few rights, they can more strictly judge the condition of the property and wrangle with the tenancy deposited scheme to withhold deposit. Even if they don't win, this greatly delays the release of the deposit. This is within their rights, just as refusing viewings is within yours. Best for both tenants and LL to uphold a decent relationship if possible.

Lastly, don't assume your LL knows how the agent is behaving. Agents are pushy salesmen and will do what they can get away with. I know in your OP you interchange agent and LL but I'm wondering if you've spoken to the LL at all, or whether this is just from a pushy agent?

If you've not spoken to your LL about the agent demanding you go out on Saturdays and letting himself in without permission I suggest you do so. You have the upper hand. You can insist on no viewings or viewings on your terms. I'm hoping your LL is one of the good guys and just fallen foul of a pushy agent.

Your ll and the agent will probably try to tell you that you're not allowed to change the locks. This is bollocks. You just need to make sure the original locks are back when you come to move out. which incidentally I think should be your next move!

Is the LL going to reduce your rent to take into account the fact that you can't use the property one day a week? I guess not.

AFAIK, you are allowed to put your own lock on if you put the original back when you leave and allow the LL access to check the state of the property within reason and after 24 hrs notice. Showing multiple prospective purchasers round isn't checking the property or within reason.

Check with the CAB to confirm.

Your LL is taking the p*!

I had this with the last but one rental property I had before buying.

It was before the deposit scheme - so I got shafted with the deposit as well.

Nothing I did stopped it. I did same as you - it's fine as long as I know thing.

I didn't actually know they were showing people round till I had a few days off. They kept coming in unannounced then getting shitty I wouldn't leave - one person looking round was bloody rude about me having boxes of packed stuff around - then tried to look through them .

I started leaving the chain on when in - which was just as well as I was in bed a few times. I also started refusing to let the in when they just turned up unannounced.

Nothing stopped them - thankfully I soon moved.

There is a good landlords forum and questions about access are common. Tenants can always refuse access, the EA is trespassing big time. The law is on your side. Good luck.

When I was selling my tenanted house, I never expected them to leave the premises during visits. We negotiated that on two evenings a week and half a day at the weekend viewings could be conducted. The evening viewings had to be concluded by 8pm.
And I gave them £150 a month off their rent for the duration.

We haven't been offered a reduction in rent, I wouldn't mind as much if that we're the case because it would show recognition that we were being inconvenienced.

A few people have made the point about it being on the market for three months...we are rather surprised at this too. I anticipated it going within a week or so but think it is possibly priced too highly.

We are in the early stages of buying our first home, offer accepted and contracts being drawn up etc, so fingers crossed we will be in a position to move out fairly soon.

Ugh Its just the worst My landlord of 3 years informed me 2 weeks before I was due to have my homebirth the house was going on the market and viewing would be every Wednesday. First viewing was when I had a 16 hour old baby. Agent had the right hump I refused to go out and sat there BFing. He was actually such a twat I rearranged furniture to make the place look smaller. It was still on the market 6 months after we left so he decided to re let it. I was delighted to hear he got tenants from hell.

If you feel threatened, involve the police. It may not help you but will help others.

Contact your local MP too, to ask for proper regulation of landlords.

I think you're being far too nice about this. Leave washing up in the sink, laundry piled up, food smells from a takeaway, toilets unflushed and you lying in bed eating biscuits for the next viewing!

I think you should name and shame the estate agent on Mumsnet.

Op, whatever other action you take, please please immediately tell both agent and landlord that they cannot do what they are doing. End of. The law.

I'm just joining in to say this is bonkers. I would never expect tenants to put up with this. The landlord and agents are taking the piss.

Condom wrappers and slightly damp looking tissues. In every room.

Yanbu

Actually - can anyone legal confirm this? Surely them entering without permission is trespass ie a crime? In which case I would write to them informing them that they do not have permission to enter and doing so will be reported as such to the police.

It may be a civil rather than a criminal matter (not a lawyer)

I'd just be in for the next viewing. Nekkid. That will send the message home...

I am a LL and I waited until tenant had moved out before putting the property on the market. Felt bad to have already given them notice to move out as I was selling ~ felt I would be rubbing their faces in it if I also expected them to show round potential buyers.

Like someone said up thread, you build in periods of unoccupancy when renting. The tenant should not be inconvenienced especially as it is not their choice. Whilst they are paying rent, it is their home.

YANBU

In our last place we were quite happy to have viewings until the day I came out of the shower and heard some one letting themselves into the flat - the lettings agent had rung the door bell and as I hadn't heard it over the shower had assumed no one was in and was coming in with some prospective tenants. I was 10 seconds away from walking out naked into the path of three unknown males.

I phoned the landlord and told him that as this broke the contract and the law our contract could now be considered to be void and that if this happened again we would stop paying rent and leave him to evict us through the courts. I had absolutely no idea what was in our contract, what the law said or any thing, it was just raging bullshit but it worked, we only had 2 open days the whole rest of the time we were there.