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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

.. to not allow prospective new tenants viewings while still living here?

373 replies

Lola528 · 04/08/2020 21:32

My landlord wants prospective new tenants in tomorrow to view the property we currently rent. We vacate on September 21st, so a good 7 weeks yet. I really don’t want to have anyone in my home right now (have asthma, not shielding level, but still a risk).

Our contract says they can give us 24 hours notice for viewings, but what about our “quiet enjoyment of the property” rights?

WIBU to say we will not accommodate viewings and they can wait till we leave? We will be gone around 14th September but pay/rent legally until 21st. So that gives them a week where we are still paying that it will be empty and ready to view.

OP posts:
MaxNormal · 04/08/2020 21:34

YANBU, the clause in their contract is at odds with statutory law and not enforceable.

2155User · 04/08/2020 21:36

I think YABU

It’s not your house unfortunately, and at least 24 hours notice is fine.

Asthma really isn’t an excuse if you’re not shielding.

If you’re out when they visit or wait outside, and they wear gloves and a mask, I doubt the risk is any higher than you popping to your local shop.

TheFlis12345 · 04/08/2020 21:38

I am normally very relaxed about allowing viewings but I wouldn’t be letting randoms in under Covid.

imissthesouth · 04/08/2020 21:40

YABU as it's not your house I'm afraid. You could ask your landlord if you could postpone viewings though if you feel unsafe? Failing that I would go out whilst the prospective tenants are there, give the house a good clean down when you're home. Hope it goes well!

AldiAisleofCrap · 04/08/2020 21:40

The contract clause isn’t worth the paper it’s written on you do not have to allow access. And to pp it’s the op’s home.

Aroundtheworldin80moves · 04/08/2020 21:40

YANBU. We own a house we rent out. Until the tenants move out, it's their home. We had tenants move out recently (new ones due to move in soon) and while it was inconvenient having the house empty, it was an opportunity to get work done.

Say no.

Thornhill58 · 04/08/2020 21:41

We did the same with a tenant to sell but we offered £50 off the rent as a small token and worked ok.
I think if you really don't want to allow it let him know now.
Much better to be clear. It requires good will and clearly you don't want to allow him to show the place.

ShawshanksRedemption · 04/08/2020 21:48

This comes part and parcel with renting. If your contract states they can give 24hrs notice for access, and they give you that, you need to let them or AIUI be in breach of contract. It's their property and they need to be able to access it. If they didn't give 24hrs and were letting themselves in as and when they liked, then that would go against the "quiet enjoyment of the property".

If you are concerned about Covid, rather than just not wanting people round (believe me, I didn't like it much either when I rented!), then ask what the agent is doing to mitigate risk, and arrange to be out at time of viewing.

TrainspottingWelsh · 04/08/2020 21:48

Yanbu. Your contract can have whatever shite the LL wants in, but they don't trump the law.
I'm a LL, and whilst someone is paying for my house to be their home, that's what it is, their home. If I want to save money by having viewings to avoid an empty period then it's only fair the tenant gets to do the same by way of a fair rent reduction. And if they still weren't agreeable that would be my problem, not theirs.

Ohyesohyeah · 04/08/2020 21:53

Please ignore comments from people who don't know the law - like @2155User.

You are entitled to quiet enjoyment - the 24hrs would only apply if it was something like a gas check, and even an annual inspection is dodgy on the actual law if you wanted to contest it.

You do not have to allow viewings, and actually, if you wanted to be arsey about it, you could cause the landlord problems by being there, leaving the place in an absolute state and pointing out all the problems about the place the potential new tenants.

What you actually do is up to you. Has the landlord been good to you? You can leave on the last day of the contract if you choose and not allow any viewings before that. Are you actually able to move out a week earlier? Don't move out early but still pay them.We have agreed/asked a previous landlord to be released from a contract a week early if we allow viewings: saved us a week's rent we didn't need and helped out the landlord. Can you give the landlord one day/ a weekend/ on day per week where you won't be there that they can do an open house viewing? - but don't feel pressured into this if you are uncomfortable with it.

At the end of the day a perfectly reasonable response is: "Due to the current covid situation, we do not feel comfortable having people in the property viewing it. Our contract ends on and we will be moving out on that date, and are happy to engage in any end of contract handover and inspection on that day."

The above is perfectly reasonable pre-Covid, but now you have even more reason if you feel awkward refusing viewings.

ShawshanksRedemption · 04/08/2020 21:53

@AldiAisleofCrap The OP can refuse of course, but if they need reference etc from this current landlord agent it's best to keep them onside.

(Anyone refusing access can be taken to court by Landlord/Agent, and the court can then enforce it)

Throckmorton · 04/08/2020 21:57

This comes part and parcel with renting. If your contract states they can give 24hrs notice for access, and they give you that, you need to let them or AIUI be in breach of contract.

Incorrect. The law says the tenant is entitled to quiet enjoyment, and thus can indeed refuse viewing. as other people have said, the contract does not negate the law.

No way would I allow anyone in if I had asthma (which i do) - you might not be shielding, but you are still more vulnerable than someone without asthma

2155User · 04/08/2020 21:57

@Ohyesohyeah

I didn’t mention any laws? Simply said that I feel 24 hours is a fine and reasonable notice period and I feel OP is BU.

I rent out quite a few properties, so I’m not totally blind to how it works.

Original poster
Lola528 · 04/08/2020 21:58

Thanks everyone. Does anyone know what law I can quote to them that confirms we don’t have to allow access? I know they will come back and quite the 24 hour note in the contract otherwise, and I really want to avoid that.

I’ve read technically we are the “owners” for all intents and purposes while paying rent and that a Landlord can’t contest that - is that reasonable to mention? I just want to get it right first time so they don’t harass us again about it before we leave.

OP posts:
nettytree · 04/08/2020 22:00

We only allowed viewings on a Thursday when we were renting. I did tidy the place up tho. I also didn't allow them to do viewings when we weren't there. I hate people in my home.

ivfdreaming · 04/08/2020 22:00

You'll need to read your contract before you start spouting the law at them - lots state that you need to allow access under these circumstances

Not like the people viewing it will be handling your things or coughing over your stuff so covid is pretty low risk!

imissthesouth · 04/08/2020 22:00

Just been reading on this, you don't have to allow access, tell them to do one and wait til you've moved out

Ohyesohyeah · 04/08/2020 22:01

@2155User

The fact that you rent out properties and also state...

It’s not your house unfortunately, and at least 24 hours notice is fine.

...is incredibly worrying. It is their home and it is not fine.

Snorlax86 · 04/08/2020 22:02

Why don’t you contact Shelter, I think they do a free housing advice helpline, they may even have information on the website about viewings.

imissthesouth · 04/08/2020 22:02

[quote Ohyesohyeah]@2155User

The fact that you rent out properties and also state...

It’s not your house unfortunately, and at least 24 hours notice is fine.

...is incredibly worrying. It is their home and it is not fine.[/quote]
Unfortunately it would seem a lot of londlords aren't so clear on the laws. I've had lots of friends have issues with them. I guess I've been fortunate enough to live with my parents til I bought my house

Throckmorton · 04/08/2020 22:02

ivfdreaming - it doesn't matter what her contract states - she does not have to allow access for this

Original poster
Lola528 · 04/08/2020 22:03

@ivfdreaming yes, but what I’ve read suggests the law supersedes the contract in these circumstances.

OP posts:
2155User · 04/08/2020 22:03

@Ohyesohyeah

It is their home in that they live in it but quite obviously they don’t own it, and therefore I feel they should be more understanding that the landlord will require a tenant once they have moved out.

You seem to be confused between opinion and fact.

As I said, I think/feel that 24 hours is fine. You can feel differently, that’s ok, but I’m still entitled to feel that 24 hours notice is fine.

Throckmorton · 04/08/2020 22:04

Some info from Shelter here: england.shelter.org.uk/housing_advice/private_renting/tenants_responsibilities

SeasonFinale · 04/08/2020 22:04

No you are never technically the owners.

Just tell them that statutory law overrides what it says about viewings in your contract and the legal position is you do not have to allow viewings.