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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think they cannot enter the property whenever they want?

14 replies

Userjustusing · 19/07/2017 16:35

Partly posting for traffic as need quick clarification.

We rent and the property is currently on the market for sales. We have agreed to any viewings requested. We have not refused any times.

However, I did mention that we want to be in during any viewings. We don't want people going round the home when we are not here, and I will put myself at some inconvenience to nevertheless fit in with their requests. I did warn that an arranged viewing might have to be changed if it was the only time an agent could show us somewhere to rent as we currently have nowhere to live when we leave here.

They have been a bit difficult about this and said that under the terms of the tenancy they can enter the property any time with 24 hours notice.

As far as I can see, the tenancy agreement states viewings must be a mutually agreed times but even if something elsewhere in the contract differs, I thought statutory law overrode that and entitles us to quiet enjoyment of the property.

I do think trying to sell a property, whilst also having someone who will not benefit from the sale pay you money to use the property as their home, means that you may not be able to do viewings whenever you like.

I am completely keen to cooperate and facilitate viewings, but am I right in thinking they cannot enter any time with 24 hours notice?

OP posts:
Ropsleybunny · 19/07/2017 16:36

You're right.

Collaborate · 19/07/2017 16:36

Yep. You're absolutely right.

SheSaidHeSaid · 19/07/2017 16:42

I always thought the 24 hours thing also was based on it being an agreed time with at least 24 hours notice. Not just, by the way, I'm coming over at 6pm tomorrow and there's nothing you can do about it because I've given you notice.

You've been accommodating so far, something they should remember as you could refuse all other viewings.

AmIAWeed · 19/07/2017 16:43

Yeah we were leaving our rented and the agency we're really pushy about showing new tenants round, after the 5th person didn't turn up I refused to do anymore viewings stating quiet enjoyment of the property...didn't stop the sneaky beggars making a 'pre inspection appointment' only to arrive with a prospective tenant!
Simply tell them no

AdalindSchade · 19/07/2017 16:45

under the terms of the tenancy they can enter the property any time with 24 hours notice

Yeah that's a total lie. Tell them you do not agree to any viewings apart from between x and y time on z day. Tell them any unauthorised entry to the property outside those times will be considered trespassing. Lying scum.

Hammy12345 · 19/07/2017 16:49

I used to be an estate agent and we had plenty of people in rental properties that refused to let us do viewings at all whilst they were still residing there. You have bent over backwards to allow the viewings and have every right to refuse them access if its not convenient.

IHeartDodo · 19/07/2017 16:50

I thought it was agreed times, AND 24 hours notice!

RelaxMax · 19/07/2017 16:55

You are absolutely right.

Tell them legally you don't have to agree to any viewings (regardless of what the contract says) as you are entitled to quiet enjoyment of the property.

I'm assuming you're in England btw.

AncoraAmarena · 19/07/2017 17:14

They absolutely CAN'T do this.

It's a common myth that tenants have to accommodate viewings during the notice period if their contract says it does. In fact, the law says the tenant has the right of quiet enjoyment, which means they don't have to accommodate any viewings, regardless of what their contract says. Where there's a conflict between what the law says and what the contract says, the law wins. So any term about viewings isn't enforceable.

However most tenants, landlords and letting agents don't realise this. Or the landlords and tenants do know, but rely on their tenants not knowing.

So if you're happy to facilitate the viewings with appropriate notice then you are doing more than you have to, legally.

Musicalmistress · 19/07/2017 17:18

Sorry to hijack but we're having similar issues - does this also apply in Scotland?
Hope you find somewhere you're happy to live soon Userjust using 😀

MsSusanStoHelit · 19/07/2017 17:22

You're absolutely correct and you're being very accommodating. God knows what you're supposed to actually do about it, letting agents can be total sods for this sort of thing, but you're right.

Original poster
Userjustusing · 19/07/2017 17:26

Thanks so much everyone, I thought so but I wanted MN back up on it!
I think I will let them know that while we will try and accomodate viewings, we are aware that they can't enter any time with notice. Statutory etc...!

Good luck to you too Musical, I don't know about Scotland but hopefully someone will.

OP posts:
JaneEyre70 · 19/07/2017 17:26

It depends why they are having to sell - if it's for financial hardship, they may be very desperate to sell and don't want to turn any potential viewings away? There could be a reason why they are being difficult about it. If you can't be there on the odd occasion, I'd let the EA do the viewing - they're not going to let anyone rifle through your belongings. Whenever we've sold a house in the past, I've gone out and let EA do the work.

Original poster
Userjustusing · 19/07/2017 17:53

I don't think that is the reason Jane, but in any case I am trying to be helpful. I just wanted to check I had the legal situation right.

OP posts:
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