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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

House viewings AIBU?

41 replies

TinaGurner · 26/03/2018 13:55

I privately rent and my contract is due to end on 1st May.
I rent via an agency so don’t have any dealings with the owner of the property. She is selling the house and as such I’ve been having people come to view the house regularly for the past 2.5 months.
She instructed 3 different agents to advertise the property which means I have been inundated with phone calls, emails and people coming and going from my home.
I’ve been as accommodating as I can but I’m reaching the end of my tether with it. Tenancy states I need to allow reasonable access to the house in the event of a sale for the last 2 months of the tenancy but I’ve actually allowed from 4 months before.
I’ve found out she’s part exchanging the property and the deal is set to be signed on 31st March. I however am now being contacted by agents for the company who purchased it to come and do viewings so they can sell the property on.
Do I have to allow these viewings? In the next couple of weeks I’m going to start packing, minor decorating etc and organising things ready to vacate and I don’t really want strangers wandering around my house whilst I’m doing this.
Would I technically within my rights to say no to these viewings because my contract is with the landlord and she will actually no longer be the owner of the property after the 31st?
Is that how it works with part-exchanges?
I’m sick of having to keep everything immaculate and ship my kids off to relatives houses just so these viewings can take place!!!!

OP posts:
Original poster
TinaGurner · 26/03/2018 14:26

Can anyone help?

OP posts:
NFATR · 26/03/2018 14:28

You do not have to allow any viewings of any kind. Don't listen to the agent.
The law is 100% on your side here.

Catspaws · 26/03/2018 14:29

I doubt you have to allow viewings organised by the people who bought it as you have no contractual agreement with them and as they don't own the property yet they can't assert any rights over it. I would tell them you're under no obligation to allow viewings and they will have to wait until they own it.

Original poster
TinaGurner · 26/03/2018 14:31

@NFTAR can I just say no? No to any more viewings? I’ve been more than reasonable with the amount of access I’ve allowed to the property

OP posts:
Original poster
TinaGurner · 26/03/2018 14:32

To date I’ve had 14 visits / viewings from different agencies and more than triple that in phone calls and emails. It’s a PITA

OP posts:
Original poster
TinaGurner · 26/03/2018 14:34

@NFATR I meant

OP posts:
NFATR · 26/03/2018 14:41

yes you can just tell them no, thats all.

Orangesandlemons82 · 26/03/2018 14:41

Ex letting agent here - you do not have to allow them access, you are entitled to quiet enjoyment of the property. You are within your rights to say no more viewings.

Original poster
TinaGurner · 26/03/2018 14:42

Even if it’s in my tenancy agreement that in the event that the landlord wants to sell I have to allow access to the property for the last 2 months of the tenancy?

OP posts:
BarbarianMum · 26/03/2018 14:45

Just say no. They can try taking you to court for breech of contract (they won't). Or if you want to play nice, give them a Sat am date in a few weeks and tell them to run an open house viewing. And that's it.

Original poster
TinaGurner · 26/03/2018 14:49

I’m planning to do the majority of my house move in the next 2 weeks so I may say they can have access as much as they want in the last week of April. I’ll be just cleaning, sorting the garden and patching in any screw holes at that point

OP posts:
ginghamstarfish · 26/03/2018 15:02

Even if you have to allow access I believe they must give min 24 hours notice, and if it's not suitable for YOU then you don't have to accept. And you really don't have to bother tidying/cleaning/sending kids out etc for viewings ... it's not like selling your own house!

NFATR · 26/03/2018 15:07

Even if it’s in my tenancy agreement that in the event that the landlord wants to sell I have to allow access to the property for the last 2 months of the tenancy?

doesn't matter. Almost all tenancies say that and it doesn't hold up, since it is overrode entirely by "quiet enjoyment of the property"

tellitlikeitispls · 26/03/2018 15:09

Do you have to ship kids off and keep the house tidy?
We are not in the same boat, but are doing a part exchange, so similar thing (3 lots of estate agents plus various branches of estate agents - they are nothing to do with us but have to arrange the viewings with us)
I'm a bit p*ssed off as I've had to do a couple of viewings myself, because its 'after hours' but if the kids happen to be sprawled in the lounge or eating their tea during a viewing, then so be it. I have also stopped trying to keep the house immaculate. I'm trying to pack, so if there are numerous charity bags stacked in the spare room and so on, then they need to suck it up.

Notasunnybunny · 26/03/2018 15:10

I’d be inclined to remain ‘helpful’ but insist on one open house on a date to suit you

Gartenzwerg · 26/03/2018 15:11

As per PPs above, tenancy agreements often include clauses stating the tenant "must" allow viewings, usually with some kind of notice period. However, it is not legally enforceable - they are just trying to scare people into complying.

You can absolutely refuse any more viewings without fear of any legal reprisal. However, your landlord may decide to be difficult and not provide references. That may or may not concern you.

Shattered04 · 26/03/2018 15:18

Definitely not legally enforceable, even though it usually says it in contracts. Agents and landlords will try it on, until you tell them "quiet enjoyment" and that you have the legal right to refuse everything.

We had this - they started getting arsey over the only times we could reasonably offer given we had four DC and a ton to pack with barely any notice - so we said "none at all then". They tried quoting the contract, and I quoted the law. And so there was nothing they could do or did do.

They did get more unreasonable than necessary over part of the deposit which I presume was revenge, but we didn't need references fortunately.

Original poster
TinaGurner · 26/03/2018 15:33

I don’t need references, I’m buying my own house. Also I can’t see the withholding the deposit because the agency I rent through is holding it and I can’t imagine they would be bothered if I stop allowing viewings as it makes no difference to them. They are also the ones doing the post tenancy inspection

OP posts:
Imsosceptical · 26/03/2018 15:40

You seem to have been more than amenable and accommodating so far, you’re leaving very soon so tell them to bog off and leave you in peace to manage your move out, they will have 24/7 access for viewings shortly!! Doesn’t stress it, you’ve been very reasonable and they are taking the piss!

Shattered04 · 26/03/2018 15:40

Nothing to lose to get back some privacy then!

I always feel in situations like this that if (some, obviously not all!) landlords treated their tenants as actual human beings rather than solely a source of income, they'd get a lot further in terms of their requests of this nature.

BrightYellowDaffodil · 26/03/2018 16:09

I've been in a vaguely similar situation regarding contracts as I left my rented house because I was buying but before I could leave (or even hand in my notice IIRC) my landlords announced a change of letting agent. New letting agent started talking about enforcing their terms and conditions when I DID hand in my notice, and these Ts & Cs would have caused merry hell with my house purchase.

I got a bit of advice and the upshot was that the old contract (with old letting agent) was null and void because that letting agent was no longer involved, and new letting agent could whistle for any idea of enforcing their terms because I'd never agreed to them. There was no clause in my original contract stating that it could be passed on to the new agent, either.

I also had the situation whereby my landlord (briefly) put the house I was renting up for sale and there were viewings, as there were when I was moving out and they were advertising for a new tenant. You are entitled by law to quiet enjoyment of your home, which means you actually get to live in it peacefully without constant interruptions/visits from landlords/agents. They also have to give you 24hours notice before a visit otherwise you have the right to refuse entry.

I doubt you'd need to allow viewings but it might be reasonable to allow some - you never know when you'd want a bit of goodwill from the letting agent/new owner! - but I would state to the new owners/their agents when you're prepared for these to be and how many a week. For example, when I was moving out of my rented house I said I'd accept x amount per week with a minimum of 24 hours notice and to be arranged at a time I could be there (I was packing so my stuff was everywhere - didn't want anyone light fingered pocketing anything left conveniently lying around).

BrightYellowDaffodil · 26/03/2018 16:14

I'd also add that I don't think they can make any deduction from your deposit on the basis that you refused viewings (although you might find that they are pedantic over any minor damage): england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_deductions_your_landlord_can_make

(p.s. These are my first posts. Been lurking for a while and thought it was time to join in )

Original poster
TinaGurner · 26/03/2018 16:19

Thanks for the advice Grin
I’ve just had enough of feeling invaded! I’m going to say no more until I’ve moved out - which will still be within my tenancy period. Then they can do what the like

OP posts:
19lottie82 · 26/03/2018 16:31

No, you don’t need to allow viewings, no matter what it says in your contract.

Just write to the letting agent and estate agents informing that you will not be allowing any viewings from X date.

I’m a LL and wouldn’t dare do this to my tenants if I wanted to sell. It’s really not beneficial for anyone. Get tenants out then market the vacant property.

newmumwithquestions · 26/03/2018 16:33

I am a landlord of a small flat.

You are perfectly entitled to say no.

They sound awful.