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

[Lola528]

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.

I think the virtual tour is the best compromise, OP, it’s fair on everyone. From the LL’s perspective, you signed a contract allowing viewings with 24 hours notice ( I know it’s not legally enforceable but you didn’t query it at the time); from your perspective, the pandemic has changed the situation and viewings pose health risks.
A virtual tour is a fair compromise for everyone.

Hope your move to Scotland goes well and if it’s a rented property, review every clause in the contract. If there’s anything you don’t agree with, query it right away and have the LL remove/revise them. Enforceable or not, you don’t want to sign a contract that you’re not comfortable with.

MN is a strange place. There are thousands of women saying they will not send their children to school in September but somehow think allowing complete strangers into your home during a pandemic (underlying illness or not) is your duty. I suspect there's a few landladies here who are afraid for their properties.

@WhereamI88 - Excellent point!

@WhereamI88

MN is a strange place. There are thousands of women saying they will not send their children to school in September but somehow think allowing complete strangers into your home during a pandemic (underlying illness or not) is your duty. I suspect there's a few landladies here who are afraid for their properties.

Probably!

If you do make a video tour, check this out for ideas: twitter.com/sandybatchelor/status/1262038309456547840

@WhereamI88. Hmm, I’m not sure it’s that, I think it’s more that when someone signs a contract, you expect them to read it throughly and adhere to it- or in the case of a totally unexpected pandemic, come up with a compromise, as the OP has.

I’ve just sent a work-related contract ( I’m self-employed) to someone. I’ve asked them to review it and lmk whether they have any questions. I don’t want them to sign it and then later say they’re not happy with the terms and they’re not going to comply, full stop. The OP has come up with a good solution though.

*thoroughly

@AmICrazyorWhat2 You are right about compromise. In normal circumstances I would say you are right and viewings are part and parcel of renting as long as they don't take the piss and you should stick to a contract. But a global pandemic completely changes the terms of the agreement and everyone needs to adapt, including the OP and the landlord. When OP signed that contract she didn't realize it would require her to put her own life at risk. I got abuse for even thinking of going on holiday, I haven't seen my family since February, I have friends who are vulnerable and have not seen since March, people with disabilities are getting abuse for not wearing a mask, children are not going to school, victims of domestic violence cannot get help. I can go on and on but the idea is you cannot insist for a tenant to allow strangers in their home at this time. Perfectly healthy people have been extremely ill with this illness and it is OP's choice to consent to it or not.

Personally I expect people not to put things in contracts that they shouldn't.

@Throckmorton. But the onus is on the signer to read it thoroughly as well... I could state that I wanted peanut butter sandwiches for lunch provided by my client and if they agreed to it...!

Silly example, but you see what I’m saying.

@AmICrazyorWhat2

Contracted terms that breach statutory rights are unenforceable. Why waste time and potentially money having such clauses drafted into a contract? It is not the tenants job to provide a landlord with legal advice on the enforceability of their contract and their signing has no effect on the enforceability of those clauses.

I could state that I wanted peanut butter sandwiches for lunch provided by my client and if they agreed to it...!

As a prospective tenant if I wanted to rent your property I’d sign that no problem because I know you wouldn’t have a chance of enforcing it. There’s really no downside in signing a contract that has unenforceable clauses in it for the tenant. There is a downside to refusing to sign it or questioning it though. They don’t get the house.

What Hopoindown31 said. If you are running a business and renting somewhere out, you should be au fait with the relevant laws. It's not the tenants fault if you're not.

I’ve just sent a work-related contract ( I’m self-employed) to someone. I’ve asked them to review it and lmk whether they have any questions. I don’t want them to sign it and then later say they’re not happy with the terms and they’re not going to comply, full stop.

The fact that they sign it doesn't mean that they are "happy" with the terms and conditions though. It may be that they feel they have no choice to sign it. If they later found out that one of the terms was actually not within employment law they would have every right to tell you that you couldn't enforce it.

@Hopoindown31. Fair enough. But the impression I’ve got from this thread is that many people strongly feel that LL’s shouldn’t show a property until it’s been vacated by the previous tenants.

So why are tenants signing contracts that specifically state that the LL CAN have viewings?

It sounds as if the OP did exactly that? It’s not really a legal question, it’s a case of agreeing something you don’t want to do.

I have sympathy with the OP, the reason I’m labouring this point is that none of us should sign
contracts we’re not comfortable with. I’m slightly obsessed with this as I’ve put together a few work-related contracts recently and once they’re signed, I’m assuming the client is happy with them.
I’ll shut up now.🤣

@mrpumblechook. so you would sign a contract with someone agreeing to T&C that you weren’t comfortable with and didn’t intend to comply with?

I wouldn’t! I’ve had ppl come back to me and question clauses, as is their right. What the point of any contract otherwise?

@AmICrazyorWhat2

As others have said, signing a contract with unenforceable clauses carries no obligation to honour those clauses. For most tenants, signing then refusing to comply with such clauses is a much stronger legal position (i.e. they are the tenant) for them that trying to get the contract changed where the LL can just move on to the next prospective tenant.

It is the LLs fault and no-one else's that they have unenforceable clauses in their contracts and thus have an unreasonable expectation of what they can ask a tenant to do.

Whether a signatory is happy or not is irrelevant as to whether a contract is fully legally enforceable. As you put contracts together in a professional capacity I suggest you learn to appreciate that so that you do not come unstuck trying to enforce an unenforceable clause in one of them.

I still don’t understand why ppl sign something containing conditions they’re not comfortable with. I simply wouldn’t do that and I strongly suggest other ppl don’t either.

I still don’t understand why ppl sign something containing conditions they’re not comfortable with.

It’s already been explained to you

1. sometimes they have no choice if they need a home.

2. they know it’s unenforceable so will never have to do it.

so you would sign a contract with someone agreeing to T&C that you weren’t comfortable with and didn’t intend to comply with?

Of course I might sign something I wasn't happy with if I felt I had to because if I didn't I would lose money or a house or job. I would "intend to comply" at the time of signing but if I later found out that it wasn't legal then certainly not.

I strongly suggest other ppl don’t either.

That would mean a lot of people being homeless.

@AmICrazyorWhat2

They might be entirely comfortable knowing that it is not enforceable. Or, more likely, they may have been comfortable at the time because they did not recognise it was unenforceable because that requires a level of knowledge of the law that most reasonable people would not expect a normal person to have. That is why statutory protections exist.

I wouldn’t! I’ve had ppl come back to me and question clauses, as is their right. What the point of any contract otherwise?

There is no point in having a contract the conditions are not within the relevant laws.

It sounds as if this is going to continue then, tenants signing unenforceable contracts containing viewing clauses they don’t have to or want to comply with, then getting into conflicts with LL’s. It’s rubbish for everyone.😕

I really hope the OP doesn’t sign another contract containing a viewing clause.

It sounds as if this is going to continue then, tenants signing unenforceable contracts containing viewing clauses they don’t have to or want to comply with

Only if LLs keep putting unenforceable clauses in their contracts.