Aibu or are the letting agents regarding viewing property.

[saffronshawty]

So me and OH went to view a rental property earlier this afternoon, just a one bedroomed, one bathroom apartment. The apartment is currently tenanted, but they had 48 hours notice of the time of viewing.

so we meet the estate agent, who guides us up to the apartment, on entering the apartment, the apartment is full of smoke from lighting incenses. We couldn't view the bathroom as the tenants partner was currently using the shower? The tenant also had his mother over from another country, cooking food, so we couldn't really view the kitchen properly, and his guests were in the balcony all smoking, so it was really awkward to be able to look around properly.

At the end of the viewing, we asked if we could come back at another time so we could have a proper viewing, but the estate agent told us, that she had more viewings lined up so we must make a decision now or most likely another person will be ahead of us?
I told her that it was quite unfair that the tenants knew we was coming, but made it as awkward as possible (btw tenants are moving back to own country so it's not like they wanted to stay)

The estate agent just mumbled, and said her next viewings were downstairs.
So we left, and I just want to know, was I expecting too much?

Or rather the ONLY time you can enter is if your tenant agrees or if there's a fire, gas leak or flood.

As a tenant the law guarantees you have a right to quiet enjoyment of your property.
You’re free to live undisturbed and have privacy in your home.
Anyone who wishes access, must first ask for your permission, including the landlord and the police (unless a court order grants them access). Ask for your permission
Your landlord or their representatives may be allowed reasonable access to carry out inspections or repairs, but must first get your permission. Permission
According to Section 11, from The Landlord and Tenant Act 1985, your landlord needs to give you at least 24 hour notice before they come around and visit for any reason.
Their visits must occur in reasonable times of the day.
If you tenancy agreement says your landlord has full access to the property, then your landlord is trying to enforce an illegal clause
You can explicitly forbid access to your property.
Anyone who enters without your permission is a trespasser and may be guilty of harassment.

Of course a reasonable tenant would be happy to help their landlord re-let. I have always been happy to allow viewings myself. But it should not be taken as a 'right'. Yes, you own the property...but the tenant calls it home.

You benefit from the tenants commitment to your property...paying the rent and looking after it. It's only right that the arrangement is good for both parties.

Never had any problems at all gaining access. It's just daft for tenants to be difficult as the more viewings would have to take place. Some tenants must think we owe them a living!

If the viewings don't inconvenience you just cooperate then you wouldn't be disturbed again. Simple as!

Yes Billhadersnewwife, thank you, I look after my tenants give them space, don't complain when I find them keeping a tarantula in a tank in the back bedroom, replace washer dryers/fridge freezers, dripping taps etc but equally I expect a bit of help/cooperation with viewings when they choose to vacate and I need to relet the property.....obviously with their permission and with as little disturbance to them as possible.

Well a tarantula's probably one of the better pets for a tenant to have. At least they don't chew the skirting boards and wee on the floor.

Or do they?

I heard large spiders have a smell about them. Did this one smell bad?

Thank you everyone for your responses!

Yes I agree that it isn't up to the tenants to make the viewing satisfactory in my eyes but I think I'm more annoyed at the letting agents attitude!

@cuparfull

It’s great that you’re reasonable and it seems to work out for you. However, should you ever have tenant who is refusing viewings, the clause in your contract isn’t really going to help, your logic that “more viewings would have to take place” is faulty. If they refuse, they refuse, and can continue to do so until the end of the tenancy.

If you were to enter anyway, you would be trespassing and committing harassment - much more serious than the potential breach of contract they commit by refusing you access. Your only recourse would be to issue a Section 8 notice to evict - but, given that the tenancy is ending already, this would be pretty pointless.

The tenant’s right to quiet enjoyment of the property trumps the landlord’s desire to hold viewings before the end of the tenancy.

I am told tarantulas don't smell and eat very little, thus make little mess but it was a shock.

Our Agent was all for terminating the tenancy but after discussing with the tenants, they and the spider stayed several years in the end
They wouldn't be my tenants for long if they weren't reasonable. If they need anything from me I respond in a prompt manner so expect the same accommodation and they know that from the outset.
From experience, if they are difficult, they have something to hide or they have had unfortunate experiences with agents/landlords.

I think the agent was cackhandedly trying to tell you that another viewing would be highly unlikely as other people were interested and it’s likely that there won’t be any more viewings. In my area you need to be transferring the deposit before you’ve shut the front door (at least you did the last time we moved, things might have slowed down a bit since).

I imagine they don’t find conducting viewings with tenets taking showers particularly comfortable either.

It's not your fault but I think landlords take the piss expecting paying tenants to accommodate viewings.
I've been a landlord and never expected this. I always waited until tenants had vacated, cleaned and then allowed viewings.

but I think landlords take the piss expecting paying tenants to accommodate viewings.

they could up the rent to cover 2 -3 months of an empty property if you prefer. Some have already starting doing that...then people moan renting is expensive!

Are you sure the tenants knew you were coming ? I remember getting an earful from a landlord for not vacating a property during viewings even though I told him estate agent NEVER told me. One viewing I had come home sick from work, I was vomiting like a horror movie, sweating and weak. I had stripped off and lay on the bed, next thing I know, I wake and the agent was standing over my bed. I woke up , screamed at this strange bloke, legged it out of the room, waving the pole off the Hoover straight into a couple in the hall way. It took ages for me to calm down. The couple continued on with the viewing with me standing in the spare bedroom with a small blanket wrapped around me.

I look after my tenants give them space, don't complain when I find them keeping a tarantula in a tank in the back bedroom, replace washer dryers/fridge freezers, dripping taps etc

Fixing taps and repairing/replacing items that you provide in the event of them becoming faulty are part of your duties as a landlord, @cuparfull, as is permitting tenants to have "quiet enjoyment" of the property during the course of their tenancy.

You make it sound as though you're doing them a favour by fixing a tap!

If I was a tenant (which, thankfully, I haven't been since early 1982) I wouldn't want a bunch of randoms wandering about when I'm trying to chill in what is my home, even if I was in the last month of my tenancy.

they could up the rent to cover 2 -3 months of an empty property if you prefer. Some have already starting doing that...then people moan renting is expensive!

Landlords should be factoring in the cost of void months and repairs into the rent they charge anyway. This is the problem with the massive number of hobby landlords nowadays.

My DF always waited til tenants had vacated and then made sure the property was clean and tidy and any maintenance/repairs done. You're more likely to get tenants who want to keep the place nicely if you present it in good condition.

If landlords can only show people round once others have left they mikght lose 2 months of rent so to "faactor that in" a monthly retn of £1000 would have to increase by £166 a month to £1166 to cover 2 months empty a year - i doubt that benefits tenants.

Depending on the market, the estate agent could have been correct that someone else might snap the place up!

When we viewed our current property, the tenants were here too and there were back to back viewings lined up. The lettings agent told us if we wanted to get the property, to pay the holding deposit asap. We literally sat in the car and watched other families view the house whilst I paid the holding deposit over the phone. We offered slightly over the rent advertised as we have cats.

A couple of hours later she called me to say the property was ours and that it was lucky we had paid then as two other people had called and tried to pay after me.

It is annoying that you hadn't been able to view the property properly but there could be someone out there who wants it more and will take it before you get a chance to view again.

If properties in that area are being snapped up then why should the letting agent make another appointment when they don't need to?

YABU. It's not the tenants' fault. They may not even have known you were coming. I wouldn't want someone in my home if I weren't there, either. Renting in the UK is shit.

Where I am rentals are snapped up. Some go before they’re even advertised. Seriously. Why should they offer another viewing when someone else will happily take it.

My very first flat I was home sick from work when the estate agent let themselves in to do a viewing. I didn't even know the place was up for sale!

They tried to bullshit me, saying it was all legal, blah, blah, blah. I made it as difficult as possible for them after that.

@cuparfull

replace washer dryers/fridge freezers, dripping taps etc

As opposed to what?

I’m unsure of the issue. Why could you not have got a feel for the place? Ok it’s not ideal but just be more assertive. The other potential tenants are going to be faced with the same “obstacles” so will also have a crap viewing. Of course you can ask to go back, but as the estate agent says, the flat may have gone. Am also not sure why the fact they’re from another country was mentioned so much

Situations like BorneoBabe and Lipz have described happening to them are WHY the law is so strongly on the tenant's side when it comes to a landlord or their agent entering a rented property.

This landlord concurs that viewing clauses are basically unenforceable, and the only reason to put them in the contract is to take advantage of a tenant who doesn't know the law.

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