To say no more viewings to LL?

[TrixieFranklin]

Our LL wanted to put the rent up by £100pcm which would push it well past market value so we said no and offered to meet in the middle. He responded by serving us notice.

We found somewhere bigger for less money and get the keys next week but don't vacate the current house until the 18th so we have a week in between to move and clean.

Our current house has been on the market now for 6/7 weeks and it shockingly hasn't let because it's a lot of money for what it is.

We have allowed every single viewing for the last 6 weeks but have now said that we don't want anymore next week as we have time off work to get packed, moved and cleaned. We have 3 kids under 3, 1 of whom finds change very very hard so we are trying to make the process as easy as possible and not a stress / rush.

The letting agent is now saying that we are in serious breach of the term in our contract that says we must allow fair viewings in our final weeks and she is going to report me to the landlord as I am forcing his vacant period to be longer as they can't show the house.

AIBU?

YANBU. I've been on MN long enough to know that the fair viewings term in the contract means fuck all, as it does not override your right enjoyment of your home.

Hopefully someone will provide you with the relevant clause so you can get back to this twat of a letting agent.

Their attitude would make me determinated to allow no further viewings.

Tell her to go whistle! You have a right to the quiet enjoyment of the property you are renting, whatever the contract says.

determinated

Here is what Shelter says on their website:

"Viewings
Your landlord should always give you notice in advance if they want to access your home so that new tenants can view the property.

Viewings should only take place at reasonable times of day.

If you don't want to allow viewings while you're still living there, check what your tenancy agreement says.

You don't have to allow viewings if they aren't mentioned in your contract. You could say that they must only take place at certain times.

Your tenancy agreement may say you should let your landlord in for viewings. If you refuse you might find it difficult to get a reference or have problems with getting your deposit back."

I suppose you need to weigh up the risks of having difficulties in getting your deposit back or reference versus the inconvenience.

Covenant of Quiet Enjoyment

The final thing I want to talk about today is the ‘covenant of quiet enjoyment’. This is a term which is implied into all tenancies whether or not it is actually written down in the tenancy agreement.

The name is a bit confusing as it does not mean the property has to be quiet or that the tenants must be able to enjoy themselves.

Basically, it means that the tenant must be able to live in (or ‘enjoy’ to use the old-fashioned meaning of the word) the property in peace without any disturbance from the landlord or anyone acting on his behalf.

As you can see it goes with exclusive occupation. If you have exclusive occupation (at a rent for a term per Street v. Mountford) then you have a tenancy, which brings with it the covenant of quiet enjoyment.

So the landlord will breach the covenant of quiet enjoyment if he enters the property without the tenants’ permission, or if he sends his workmen in without asking first. He will also breach it if he does anything else which prevents the tenants from ‘enjoying’ their use of the property. For example by failing to carry out essential repairs, or by cutting off the supply of services.

In fact breach of the covenant of quiet enjoyment generally implies harassment and under the Protection from Eviction Act 1977, this is a criminal offence.

The covenant of quiet enjoyment goes to the very heart of what a tenancy is and what a tenant is entitled to. It is one of the big rights that tenants have.

From www.landlordlawblog.co.uk/2018/07/04/six-important-elements-tenancy-lease/

They don't work weekends so it's only 6 days we are saying no to viewings for, they've had since December to find tenants.
I bet the landlord is kicking himself for not meeting in the middle now. We've been here for years!

What utter nonsense from the letting agent, but even if you were in 'serious breach' - what are they going to do?! You're moving out in a week! No more viewings and make sure you take lots of photos to get your deposit back!

YANBU you’re in breach of nothing and owe your LL nothing, do not be pressured or bullied into viewings. He wants you gone he can wait to do viewings when you’re gone.

I wonder if the fact we've allowed every viewing they've asked for over 6/7 weeks would counter act the risk of losing deposit for refusing viewings over 1 week?

They can’t deduct anything from your desposit for refusing viewings

YANBU

Deposit* sorry

"The 8th, 9th, 10th and 15th are unfortunately not convenient for us. You can do viewings on 11th, 12th, 13th, 14th, 16th, 17th or 18th. We will be packing on some days and cleaning the property on 15th, which would make it potentially hazardous for viewers. As we are offering you viewing times for 2/3 of the available days this exceeds any "fair viewing" requirement. We shall take final photographs following our cleaning and return the keys, so we will expect you to clean floors if needed to tidy up following your viewings on 16th-18th."

(Adjust dates as needed.)

I'd be going back and saying that you have allowed fair viewings for the past 7 weeks and therefore are not in breach of contract.

Actually say what @MRex said.

Contract can not override the law

The deposit will not be affected if you refuse viewings - is it held in a proper deposit scheme?

The law is 100% on your side, don’t worry. LL and estate agent can whistle.

Your tenancy agreement may say you should let your landlord in for viewings. If you refuse you might find it difficult to get a reference or have problems with getting your deposit back."

I am astonished that this ‘advice’ is on Shelter’s website! It’s not true!

The law is on your side. You don’t have to allow them in for viewings.

And they can’t deduct from your deposit for this.

Wow as a landlord we work with the tenant. Advertise check all out before we agree to a day where we can whittle through the viewings. I would not want randoms walking through my home so why should a tenant.

Your LL is a massive idiot for letting you leave rather than negotiating. I wouldn't do them any additional favours. But if you really are worried, maybe give them a two hour window when you will be out the house and let that be the only time viewings are done.

If they threaten you with loss of money, go through the deposit protection scheme. I had a shitty LL who dragged his feet paying us back, raised a claim and got it back within 2 weeks. They are good advocates for tenants and won't take kindly to this kind of bullshit.

Good luck with the move.

I'd be a bit wary of them tramping people in and out after you've cleaned and gone but before an inventory has been done/you've got your deposit back. Normally there's a brief gap in tenants whilst inventory is completed but in this case it looks like the property will be empty.

Def take photos before you leave. Technically they can't deduct from your deposit for refusing more viewings but if they're anything like every single LA I've dealt with they'll definitely try, probably under the guise of 'cleaning issues'.

The agent is talking bollocks.

You can write whatever you want into a contract - that doesn't mean it's enforceable.

I would email back the following:
By law we are entitled to quiet enjoyment of the property. The term in the lease to which you refer, does not trump the law. I have explained to you why we are unable to accommodate further viewings; I do not think this is unreasonable when we have agreed to every single viewing request you've made in the last six weeks. As you know we vacate the house on 18/02 so you will have plenty of opportunity for viewings when we have left. I do not intend to enter into any further correspondence with you on this matter.

I'm also astonished at Shelter's advice because it's crap.

I had to go to court to get permission to force entry to conduct a gas safety check because a tenant was refusing to allow access. If someone says no, there is nothing you can do. The only circumstances where you can let yourself in without permission is in an emergency - e.g. a water or gas leak.

"The 8th, 9th, 10th and 15th are unfortunately not convenient for us. You can do viewings on 11th, 12th, 13th, 14th, 16th, 17th or 18th. We will be packing on some days and cleaning the property on 15th, which would make it potentially hazardous for viewers. As we are offering you viewing times for 2/3 of the available days this exceeds any "fair viewing" requirement. We shall take final photographs following our cleaning and return the keys, so we will expect you to clean floors if needed to tidy up following your viewings on 16th-18th."

Perfect. So allow viewings, but only on your 'reasonable' terms. I'd also limit the hours too.