To start being difficult about viewings

[DarkNStormy]

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.

It is also illegal to not have a valid gas check certificate (CP12) so definitely email your landlord and the agent to make them aware

I'm not sure if it's still the case but I was in a similar situation 4 years back. House was dangerous, no certificates for gas and was being called at 7.30am on a Sunday to be told I would be having a viewing at 8.30 to accommodate the viewer. No "is that convenient?" No "please."
After that I called the Housing team at my council.

Firstly, the Landlord, notice given or not, has to have your cooperation to sell as you are a sitting tenant. We were advised that as that was the case, if we didn't want a viewing to take place, it didn't take place or we could remove our cooperation for him to market it.
They also told us that, as the property didn't comply with safety regs, we could refuse to pay full rent.
In the end the council was so concerned by the list of dangers they sent Environmental Health round who forced him to make safety repairs within a short time or else he would be taken to court.
I also made a point to be honest with the people who came to view as the Estate Agent was a lying little toad about how bad the structure of the house was.
Sadly lots of tenants have no idea they have rights of any kind. You've paid rent, you've kept the property in good order. As my council pointed out, in 5 years I had paid £40,000+ and my landlord couldn't even fix a leak in the roof and the shower which poured water into the electrics.

I would say yes come and do a viewing but I will inform the people viewing of the broken shower, the leak and the gas needs checking - I doubt they will ask again. Also do no tidying - who cares if they sell.

Honestly don't stress about tidying up too much. Just don't be there for viewings ideally. Easier said than done with 2 young children though :(

The cheek of some people! Don't let them push you around, OP. By the looks of what people have written here, you are well within your rights to say no to viewings. You could put your decision in writing, and perhaps reiterate the problems that the landlord has conveniently overlooked in the letter.

You have every right to refuse all viewings and access as you have the right to quiet enjoyment of the property

The standard “24 hour” allowance comes from where many contracts specify you should allow the landlord access to make necessary repairs and inspect the property but again, without your full consent they absolutely cannot enter your home without your permission- this includes the landlord

You're paying rent and they should be maintaining your home for as long as you're living there. Cheap ass landlord and cheeky estate agents! I'd be telling them to do one purely out of spite for not fixing any of the issues.

You have been more than reasonable so far. And they've been very unreasonable indeed. You don't want to discuss it further. Say no more viewings because the whole thing has become far too stressful for you. And good idea saying you will only communicate by e-mail. Their strategy will be to put you on the spot on the phone. Don't stand for it.

Legally you don't have to even if it is your agreement you have every right to say no.

@DarkNStormy My previous landlord was exactly the same, totally ignored repairs from roof leaking on my son's bed (we had to move bed and put buckets on the floor) to kitchen's cupboard door falling when we opened them, and when he finally agreed for us to leave early, the viewing started as I was packing, so at first I accomodate , tidying for them but then got fed up, as they were constant. On a rainy day, I ended up having muddy shoes and leaking umbrellas everywhere, and I had to be on my knees for hours cleaning the carpet without even an apology from estate agent so that's was it.

At the next viewing , I had my ironing board open in the living room with clothes and underwear on the sofa, cups and plates and empty removal boxes on the kitchen floor, ladder open blocking access to son's bedroom, newspaper pages everywhere to prevent more muddy shoes, removal boxes everywhere, some empty some full, partially dismounted libraries and furniture pushed around and me talking to anyone who asked about the house while I was packing. .

The viewings stopped.

In your case, your contract states you have to allow viewing, which means only that. You don't have to crazy tidy. Start packing, leave a breastfeeding bra on the back of a chair or a bag soiled nappies near the front door (I was just about to throw these ) for a welcoming smell . In the same way you can stage a house to make it look great it is incredibly easy to do the opposite. Leave the hoover in the middle of the hall (I was about to hoover but then baby had a big massive poo) stack chairs near the stairs, slightly move all the furniture that is against the wall towards the centre of the room, put empty removal boxes on bathroom floor and two shampoos and a bar of soap in it.

Nothing you can be blamed for. You are leaving the house, you have a newborn, you are packing

Don’t tidy, in your email state clearly that you have been very cooperative but it is disruptive and you will do no more viewings for now. State your reasons and include the Landlord moving your things. Say you have a notice up in your home stating the landlord does not comply with legal safety requirements ie the gas certificate and will inform all potential tenants of these facts unless some mutual respect and basic legal compliance appears. With it all in writing they will know they haven’t a leg to stand on.

Do what you think is best for you.

If you think you might need a reference from them you might be best to do as they ask, even though you don't have to. If you know you won't, fuck em.

they'll never sell it in 3 weeks anyway well it wont go through

what theyre doing about the gas certificate tell them when they ring back theyre breaking the law

Report lack of gas cert to gas safe.
Stop all viewings. BTW you can't be evicted with that tenancy start date and no gas safe.

If you are renting again please read the how to rent guide ( which I bet you did get this time).

Argh. Did NOT get.

As your ast commenced before Oct 15 the landlord CAN serve a s21 notice even if he failed to comply with the statutory requirements of providing an epc and a gas safety certificate. The prescribed legal requirements are set out inThe Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015at s.2. However from Oct 2018 the regs will apply to all asts although there is a bit of a technical glitch, maybe, it depends how the judges interpret it.

Sorry!! Wrong way round and jon66 is absolutely right, apologies! The gas cert thing for all tenancies doesn't come in until October. After which the way to free accommodation is open, just refuse access for gas safe or epc.

In your case, your contract states you have to allow viewing, which means only that

Sigh......

No. No the OP does not have to allow viewings, no matter what her contract says.

Tell the agent and landlord they can arrange viewings when you have moved out but not before then. I just sold my house and the work before viewings is massive with 2 young kids then you have to make yourself scarce. It’s far to much to expect a tenant to do.

In your case, your contract states you have to allow viewing, which means only that

No it does not. She doesn't have to do any viewings. I wish people would stop repeating this shit!

Oh god I as going through this. It is a complete pain in the ass. I became very resentful.

We allowed surveyors and the estate agent in. Then several viewings. Another surveyor visit. More viewings. Then weekend viewings.

I had had enough and told the estate agent so who suddenly became not so friendly and told me it was in my contact to allow 1 viewing slot per week (while pushing the second viewing of that week).

Then the house was sold. Then it fell through and I only found out when I left for work the next day and saw the sold sign was removed. Got a phone call at 9am asking for access again.

I point blank refused as we're moving out soon. It was all very stressful getting the place tidy for viewings and having strangers come in to our house regularly.

Rightly or wrongly it made me feel like a second class renting citizen.

I allowed a couple of viewings in the last house we rented. Didn't bother doing much tidying or cleaning, the house was a mouldy wreck so nothing I could have done would've made a difference. I only allowed when it was convenient and had a lovely chat with the prospective buyers. ;)

Former LL here. I am shocked at how many CF LLs there are. I fixed everything ASAP. You'd be well within your rights to be there and comment on the bathroom leak and non-working shower.