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AIBU?

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Original poster

To refuse viewings during tenancy

295 replies

Folle · 30/10/2019 15:36

I gave a month's notice to end the current tenancy. I just received an email from the estate agent saying 'I have booked a viewing for 6pm tomorrow - will you be there to facilitate access or should we bring keys?"
This is a hugely stressful time for me and I simply cannot deal with strangers traipsing through the house.
Can I refuse to have viewings during the rest of my tenancy?

OP posts:
Itsarainyday555 · 30/10/2019 22:51

@bakt1c being pompous or arrogant isn't as irresponsible as giving legal advice when you clearly have no idea what you're talking about.

Every single poster on here who has said 'quiet enjoyment overrides an express contractual obligation' hasn't been able to back it up. Which is no us to the OP when she is in court trying to stop herself being ordered to pay money to the landlord.

SheruMoo · 30/10/2019 22:53

@CodenameVillanelle In most cases it won't be the landlord letting themselves in it will be the agent. The agent will work for an agency who will happily take on the risk which is legally quite minimal of being sued for harassment. Even if they do get sued and hit with a fine it will be minimal and still financially worth it. It's not morally right but neither is breach of contract...these aren't games I'd play personally. I'd much rather be reasonable and know when people will be in my home.

NoWordForFluffy · 30/10/2019 23:04

Which is no us to the OP when she is in court trying to stop herself being ordered to pay money to the landlord.

Not going to happen. You're not right in your interpretation of contract / housing law.

Itsarainyday555 · 30/10/2019 23:06

@decisionsindecisions links not working for me please can you try again

decisionsindecisions · 30/10/2019 23:08

www.ehlsolicitors.co.uk/selling-a-house-with-sitting-tenants/

NoWordForFluffy · 30/10/2019 23:09

Both links work for me.

safariboot · 30/10/2019 23:19

Legally, as I understand it it's pretty simple. To enter a property for any reason other than emergency repairs:

The landlord must give at least 24 hours notice.

The landlord must have permission from the tenant.

If the tenant refuses, the landlord may have legal remedies. Crucially though the landlord may not enter the property without permission or a court order.

Newbiemumsy66 · 30/10/2019 23:20

I think the terms you are looking for is statutory law overrides contractual law as far as any court is concerned. This does not mean however, that the contract cannot be enforced. Should the landlord take the tenant to court for breach contract and loss of earnings it would be decided by a magistrate on a case by case basis. so for example if the tenant can show a history or harassment from the landlord letting themselves in etc, you would think a magistrate would side with the tenant in refusing the access.

What I would say to the OP I’d you are being unreasonable. Presumably you rented through a reputable company, if so what exactly do you think they will do whilst in your house? Rummage through your knicker drawer? They just want to let the flat and go in hundreds of properties on a yearly basis, it’s not worth the bad press or losing one’s job. I also presume when you viewed your house before renting it that you expected to be allowed access to see it? Therefore you should allow the same for the next tenants.

decisionsindecisions · 30/10/2019 23:22

Sorry. The links look ok on my iPad. Apologies if you can’t click on them. I work in law but not this area, but I am a tenant (I’d love to buy but can’t get a deposit together) and this sort of thing pisses me of no end.

The LL/letting agent says they want to do viewings. You say no. That’s it. End of conversation. They cannot just let themselves in. If they want to do you for breach of contract then fine, go for it. The Courts will decide over the breach. The tenants decision to say no could result in legal action by the LL but by the time you get it into Court your tenant will have probably moved out anyway.

Yes it would be nice for the LL if the tenant plays ball with viewings but some tenants don’t want viewings during their tenancy. So what to do? Let yourself in? I wouldn’t risk it but that’s just me.

Pinkblueberry · 30/10/2019 23:29

The OP wasn’t asking about whether refusing was legal though - they were asking whether refusing was unreasonable. Is it illegal to refuse to allow viewings? No, of course not - you don’t need to let anyone into your home without permission. Is it unreasonable to refuse to allow a simple house viewing with 24 hours notice at a reasonable time of day? Yes. It’s really silly. What on earth are you hiding in your house is what I can’t help but think...

Itsarainyday555 · 30/10/2019 23:31

@decisionsindecisions thanks - I can't get them to work but it must be my device.

I have no problem with the advice that if you have signed an agreement that viewings can be done then that is what stands, but if you changed your mind then realistically what can the landlord do about it.

What I have an issue with is this nonsense that quiet enjoyment trumps what the tenant and landlord expressly agrees to. By all means advice the tenant to push it, but warn them that they have contractually agreed to something and the landlord may legitimately try to hold them to that.

Itsarainyday555 · 30/10/2019 23:34

@Newbiemumsy66 it wouldn't go to a magistrate, it would go to a DJ or a DDJ at a county court.

Itsarainyday555 · 30/10/2019 23:36

@Newbiemumsy66 I should say that I completely agree with the rest of your post - how did that OP expect the property to be rented out afterwards without viewings

Newbiemumsy66 · 30/10/2019 23:38

I’m afraid it’s mag.. it’s a civil case not criminal. .I have attended many landlord and tenant disputes

NoWordForFluffy · 30/10/2019 23:39

In Court you'd have to prove you'd lost money. That may prove difficult if you don't know if anyone would have bought / rented the property at the time.

FWIW, I'd probably allow a few viewings on your terms only. At least then there's a bit of compromise.

decisionsindecisions · 30/10/2019 23:39

Unfortunately this is not really an AIBU question. This is a question about the law. Personally I never object to viewings but I can see why a person might object, for all sorts of reasons.

Taking emotion out of the equation it is clear that there is a tenancy. There is a contract. How do we deal with disputes in contract law. If the parties cannot agree then, unfortunately, a judge will have to make a determination. But that does not mean that a landlord or his/her agent can just let themselves in to a tenanted property without permission. That would be as much of a breach as a tenant not complying with their obligations.

NoWordForFluffy · 30/10/2019 23:40

Mags do criminal. Civil is county court (I'm a litigation lawyer).

JenniferM1989 · 31/10/2019 00:10

Giving 24 hours notice as a minimum for a viewing where the tenant has given one months notice to leave the property wouldn't hold up as the landlord or letting agency depriving them of quiet enjoyment.

Also, what constitutes quiet enjoyment is dictated in the lease. If the terms of the lease state that access should be given in the last month of tenancy for viewings, this will not deprive the tenant of quiet enjoyment as their 'quiet enjoyment' includes letting viewings happen in the last month, as the lease states.

So it's all well and good to state this quiet enjoyment law (it isn't actually a law, it's an obligation) but quiet enjoyment is different based upon what the lease states. It isn't a black and white obligation that the tenant cannot ever be disturbed (unless the lease says they won't ever be), quiet enjoyment is dictated by the lease and what the tenant signed. They can refuse a viewing but should offer an alternative date but they absolutely cannot state that their quiet enjoyment is being deprived by the landlord or letting agent arranging viewings when the lease states this will be part of the deal.

Your 'quiet enjoyment' is essentially being left in peace minus what the lease states about inspections, maintenance and viewings.

thecatneuterer · 31/10/2019 00:38

JenniferM - that all sounds very reasonable in theory. But the problem is, if the tenant refuses viewings, there is nothing the LL can do about it. To gain entry they would need a court order. I've no idea whether one would be granted, but it would cost a lot to find out and almost certainly take more time than the month the tenants have left.

By all means advice the tenant to push it, but warn them that they have contractually agreed to something and the landlord may legitimately try to hold them to that. Hold them to it how exactly, rainy?

safariboot · 31/10/2019 02:25

What on earth are you hiding in your house is what I can’t help but think...

I could be busy. I could be out and not want strangers in my home by themselves. I could be planning an evening with my partner who I only see once a month. I could prefer to clean before the viewing. I could be ill. I could be sleeping because I work nights. I could just plain want the evening to myself and my family. Etc etc.

The reason is frankly none of the landlord's business. It is absolutely not unreasonable to decline a viewing, or an inspection, or a routine repair, or anything else at a time and date that the agent is trying to unilaterally impose and that I have had no say in.

outherealone · 31/10/2019 02:39

I’ve been an estate agent Confused they should be negotiating a time and date with you and you should be calling the shots (within reason)
Unless you have a particular bugbear with them then I think you’re being difficult with no good reason. Not every agent covertly fits cameras on visits. If we react like this in situations where a crime has been committed then we potentially block every interaction known to humankind.
You can also choose to be home when they come. They’re unlikely to fit the camera with a prospective tenant watching....

Phimma · 31/10/2019 06:34

I hope the OP never buys her own property then decides at a later stage, to sell it. How would she cope with potential buyers viewing it?

aggitatedstate · 31/10/2019 08:21

Yes you can reuse @Folle don't expect a reference thou.

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