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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To start being difficult about viewings

48 replies

DarkNStormy · 05/04/2018 16:20

We are moving out of our rented flat at the end of April. The landlord is selling.

I have tried to be accomodating with the estate agents. I have allowed different agents to come round and do valuations, I allowed them to take pictures of the flat to put online. I made sure everything was immaculate despite me not really wanting pictures of my things online.

I have allowed viewings whenever has suited the agent so far, despite it being really quite inconvenient and stressful for me, and of no benefit to me. Before every viewing I have ensured that the flat has been spotless.

I am becoming very resentful of the whole thing and don’t know if I really have to be agreeing to it all. The agent called to ask to do a viewing on Monday. I said Monday is really inconvenient, I won’t have a chance to tidy, we have a newborn and a 2 year old so it gets a bit messy! My DH works away and I am already back at work so it’s all a bit much. Rightly or wrongly I feel that this is my home still and I don’t want people snooping when I’m not in, so would like to be present for viewings. I asked if the viewing could be pushed back to the weekend. The agent told me no, that I have to allow access with 24 hours, I don’t have to be there and I need to look at things from the landlords point of view, if I don’t cooperate he will have to be paying a mortgage on a vacant property.

For background information - our shower hasn’t worked since before Christmas, the landlord won’t replace it, we also have a leak under the bath that has now made the ceiling of the flat below wet - landlord is aware and still doing nothing. We also don’t have an up to date gas safety certificate, this expired in January.

Also, on the last viewing the landlord started moving out furniture and possessions so the viewer could have a look in a cupboard, I was really unhappy about this. When I asked her not to she just shrugged and continued.

So if you’ve managed to read all that... Aibu / am I within my rights to say no more viewings until we are gone in 3 weeks.

OP posts:
YourWanMajella · 05/04/2018 16:21

You don't have to allow any viewings at all or any agents in. It's that simple.

user1471459936 · 05/04/2018 16:22

You are not being unreasonable at all. Tell them no more viewings.

insancerre · 05/04/2018 16:23

Agree, you don't have to allow any viewings

AskMeHow · 05/04/2018 16:27

Everyone else is correct. You don't have to allow any viewings, even if they give you notice.

Bramble71 · 05/04/2018 16:42

It sounds like you've been more than accommodating already, OP. While you're still living there, it's your home and entitled to enjoy living there in full privacy.

I'm not sure about viewings; I think it's only the landlord who can give you 24 hours notice if they need to be in to do an inspection or carry out any repairs needed etc. Is there anything mentioned in your tenancy agreement?

Andromeida59 · 05/04/2018 16:53

24 hours only needs to be given in the event of an emergency so the EA are trying to pull a fast one. Do the EA really want it known about the lack of gas safety (contact the council) and other issues?

MonkeyPoke · 05/04/2018 16:56

Sounds like your landlord is skint and selling up, but they are breaking the law by not having an up to date Gas Cert though.

To be honest I'd just leave the place as is and allow the viewings, you don't need to 'sell' the flat for them but equally you could be making another person's life unnecessarily difficult.

SweetMoon · 05/04/2018 16:57

After what you've said I would not allow any more viewings. They are being very inconsiderate, especially moving your stuff! You are well within your right to refuse a viewing if it is not convenient for you.

Will they come anyway do you think while you are at work? Is there any way you can block them getting in when you are not there as tbh they sound like the sort of agent who will just show up regardless.

Original poster
DarkNStormy · 05/04/2018 18:31

I’ve just had a look, my tenancy agreement says to allow viewings with 24 hours notice for the last 8 weeks of the tenancy. So guess that answers it for me sadly.

I wouldn’t put it past them to just come in, but I suppose if they do I’ll have no way of knowing.

OP posts:
Bluelady · 05/04/2018 18:34

A rent void isn't your problem. Say no and keep saying it.

YourWanMajella · 05/04/2018 18:37

I’ve just had a look, my tenancy agreement says to allow viewings with 24 hours notice for the last 8 weeks of the tenancy. So guess that answers it for me sadly

No it doesn't. Makes no difference what your contract says, its unenforceable because its overridden by the quiet enjoyment clause. You are paying full rent for the full use of the property, not except when someone else wants to traipse strangers around your home.
You do not have to let anyone in at all, for any reason (barring emergencies like gas leaks)

Jon66 · 05/04/2018 18:39

Actually if there is not a valid gas safety certificate on the property its possible any notice is not legally valid. Certainly this is disgusting behaviour by a landlord not to fulfill a statutory duty. Was your AST before October 2015? This would give you immense bargaining power! Also, you have the right to quiet enjoyment which although is subjective might depend on the number of viewings. Personally, although I know it isn't great to have people round when you haven't tidied, I certainly wouldn't bother clearing up for the viewings. You have better things to be doing with your time. If the landlord were that bothered about the condition he would terminate the tenancy then sell. Also you are perfectly within your right to refuse evening and weekend viewings as being too disruptive on your family life.

maxthemartian · 05/04/2018 18:40

Actually just because it's in your tenancy agreement doesn't make it legally enforceable.

I found the following:

"Can the tenant refuse the landlord access for viewings?
I believe so, yes.

If the tenant doesn’t want to allow access, whether it be for viewings, inspections or general maintenance, that’s their given right. The tenant has the right to possession and to the lawful use and enjoyment of the premises. Whether that’s reasonable or not is another issue altogether.

In this situation, I’ve noticed a bizarre trend, whereby many landlords and agents are under the impression that tenants mysteriously lose their statutory rights towards the end of the tenancy when it’s time for viewings. They don’t.

So what does that mean? Under Common Law, all tenants are entitled to live in “quiet enjoyment” until the tenancy is legally terminated, so only until then can you or anyone else can’t just waltz in and out of the property without permission.

Citizen Advice says the following on the matter:

If your landlord wants to enter your home for any other reason, for example, to show round a new tenant, they can only do this with your agreement or in accordance with any reasonable term set out in your tenancy agreement.

Note, it says “with your (the tenants) agreement”

It’s also worth noting that tenants are legally entitled to change the door locks and do NOT have to give a copy to the landlord/agent, but is still expected to grant “reasonable” access. That’s pretty relevant because it strongly implies that landlords and/or agents don’t have the right to gain access at their will, despite what might be engraved in the tenancy agreement…"

minionsrule · 05/04/2018 18:40

If you do allow any more i certainly wouldn't be tidying for it and getting yourself stressed out

Namelessnumbertwo · 05/04/2018 18:41

PP is correct. There is a law about quiet enjoyment

www.propertyinvestmentproject.co.uk/blog/tenants-right-to-live-in-quiet-enjoyment/

You don't have to allow a single viewing. But the letting agents obvs wont tell you that

Tink2007 · 05/04/2018 18:43

When we were living in our flat we chose to cease viewings as they were happening at all times of the day and evening. Our contract said the same thing about 24 hours notice too.

londonrach · 05/04/2018 18:44

Op....you dont have to allow viewing ever!!!! Yes access for maintenance but viewing just say no end of. We did after we found ea in my underwear drawer.

londonrach · 05/04/2018 18:45

Contract means nothing!

negomi90 · 05/04/2018 18:45

Tenancy agreement doesn't overide law

You can still object

www.propertyinvestmentproject.co.uk/blog/my-tenant-wont-allow-me-into-the-property-for-viewings/

The most the landlord do is eviction proceedings and you'll have moved well before they have a chance of kicking in.

You could also change the lock/put something in the way/leave a not saying estate agent doesn't have permission enter and doing so will be trespass (then picture it) then leave something in front of the door so it will be obvious.

Or you can go the passive route, not care and not keep it cleaner than you're normal cleanliness (ie toys out in nice places)

19lottie82 · 05/04/2018 18:47

Your LL can write whatever he likes in your contract, it doesn’t mean it’s enforceable.

You don’t need to allow viewings.

Homemenu1 · 05/04/2018 18:48

No not unreasonable, follow up with an email, and Inform them they are not to enter with out persmission

MirandaWest · 05/04/2018 18:49

The landlord is going to pay mortgage on an empty property unless the sale goes through incredibly quickly anyway.

The house we were renting went on the market last June and we moved out at the end of February. We made the house immaculate for the photos and made it pretty good for viewings (luckily not too many). I knew that we didn’t have to allow the viewings but it seemed easier to let it happen. Plus I (naively) hoped there might be a bit of recognition for us being accommodating but I suppose that’s just life. I wouldn’t put yourself out to make it look amazing though

Original poster
DarkNStormy · 05/04/2018 20:28

Thank you for all your advice. I have told the estate agent I am not prepared to have viewings in the next few weeks, he said he would have to get someone to call me back to discuss it further.

I feel a bit braver saying no now after speaking to you all!

@jon66 our original AST was before October 2015, can I ask how that makes a difference?

OP posts:
IdaDown · 05/04/2018 20:32

Email the agent. Ask for all replies to be via email.

Just so there’s no ‘misunderstandings’.

MsSquiz · 05/04/2018 20:35

I work for a property management company as part of an estate agents, and while we have in our ASTs that we must give at least 24 hours notice to a tenant for a viewing (or inspection) it is the tenant's absolute right to refuse if it is inconvenient. You still pay rent on the property and it is your home. So while it is helpful to the landlord and agent to allow the viewings to take place, you can say no!