.. 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.

Same brightyellowdaffodil! It really isn't any great shakes to sign a tenancy agreement with clauses you know to be unenforceable.

@PlanDeRaccordement

YABU They’re not going to touch anything. Just leave the property while they are viewing it. It’s 10-15mins out if your day. I think you are being precious and entitled. It’s the landlords property and it’s unrealistic to think new tenants can be found, back ground checked and willing to move in before one week is up. The landlord would be facing a gap in rental income by your refusal to be a nice human being.

That's a risk landlords take and should be factored in to their plans.

There is nothing 'entitled' about the OP treating the place that she has paid for as her home.

I suppose the crappy contracts full of pointless, unenforceable clauses will just continue then!

I’m aware that I’m viewing this from the privileged position of someone who’s always had choices when renting- I’ve never been desperate for housing. It’s awful that there are so many bad practices out there and that many agreements are barely worth the paper they’re written on. I’ve had one bad rental experience that resulted in the LL getting into a lot of trouble ( gas leak due to poor maintenance, could’ve killed someone).

@AmICrazyorWhat2

I suppose the crappy contracts full of pointless, unenforceable clauses will just continue then!

I’m aware that I’m viewing this from the privileged position of someone who’s always had choices when renting- I’ve never been desperate for housing. It’s awful that there are so many bad practices out there and that many agreements are barely worth the paper they’re written on. I’ve had one bad rental experience that resulted in the LL getting into a lot of trouble ( gas leak due to poor maintenance, could’ve killed someone).

They'd continue regardless. Most people don't have a legal background so won't know, and those of us who do cant force a landlord into renting to us over someone who thinks they're enforceable.

I also see zero reason to presume all landlords using unenforceable clauses are doing so unknowingly. But even if they were, the responsibility lies with the landlord: there's no obligation whatsoever to provide free legal advice to the person who is normally the more powerful of the parties in the transaction.

I recall when I bought my last car. It was from a dealer and the reason I chose dealer over private sale was that I would be legally covered if it went tits up within a certain amount of time after purchase. When I bought it I signed the papers and afterwards, the receipt in the form of a contract. The receipt was A4 and had a whole load of hand written clauses on it stating that the garage would not be liable for anything going wrong etc. I still signed this as I needed that car and had driven over an hour for it.

3 days later the exhaust almost fell off (it had been patched with exhaust cement) and the abs and other lights came on. I took it back and he tried to point me to what I had signed. I reminded him of his legal obligations as a registered car dealer and that the receipt, despite my signature, didn't mean shit.

He repaired everything.

You cannot sign away your legal rights. This was confirmed first by my solicitor friend just before I drove back to the car dealer. ASTs are no different.

I genuinely don’t understand what the issue is. You live in a home that doesn’t belong to you, yes you pay for that privilege and for quiet enjoyment. However the landlord asking to do one visit is clearly not unreasonable. He can just get a warrant and come in anyway, but all that does I cost him money. Why wouldn’t you let someone in to a property that you are clearly vacating? Just seems unreasonable to me

@2020StepAwayFromTheCake

I genuinely don’t understand what the issue is. You live in a home that doesn’t belong to you, yes you pay for that privilege and for quiet enjoyment. However the landlord asking to do one visit is clearly not unreasonable. He can just get a warrant and come in anyway, but all that does I cost him money. Why wouldn’t you let someone in to a property that you are clearly vacating? Just seems unreasonable to me

Don't be ridiculous. He can't get a warrant to show people around the property if someone is paying him rent for it. As for why OP wouldn't let someone into her home, have you heard that there is a pandemic? Many people who are vulnerable are not allowing people into their home unless it's an emergency and that should be their choice.

@2020StepAwayFromTheCake

I genuinely don’t understand what the issue is. You live in a home that doesn’t belong to you, yes you pay for that privilege and for quiet enjoyment. However the landlord asking to do one visit is clearly not unreasonable. He can just get a warrant and come in anyway, but all that does I cost him money. Why wouldn’t you let someone in to a property that you are clearly vacating? Just seems unreasonable to me

The landlord could get a warrant if tenants won't allow access for maintenance or a reasonable number of property inspections, not for viewings. Even for things like maintenance, it would have to be reasonable eg if the landlord decided to replace the kitchen or redecorate because he wanted to sell the property or improve it so he can achieve a higher rent with new tenants, that wouldn't be reasonable to do the works with the current tenants in situ.

BTW somebody posted a link to The Tenants Voice. It might sound like an organisation that stands up for tenants' rights but it is actually a company that charges to help with deposit disputes, a bit like those companies that tried to make a quick buck making PPI claims on behalf of people.

BTW somebody posted a link to The Tenants Voice. It might sound like an organisation that stands up for tenants' rights but it is actually a company that charges to help with deposit disputes, a bit like those companies that tried to make a quick buck making PPI claims on behalf of people.

They also add opinions to details about acts. Their spiel on viewings was clearly opinion to anyone who has read the relevant section of the act, but deliberately they didn't mention that

He can just get a warrant and come in anyway

😂😂😂😂

For a viewing? No chance

Seriously - what judge would sign a warrant for a viewing! 😂

At the current time if a tenant allows a LL or their agent to show tenants round the tenant doesn't know where the agent and prospective tenants have come from, nor if the LL will want other viewings. Hence a video solves problems

[quote 2155User]@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.[/quote]
The fact that you rent out properties and don’t know the first thing about law regarding tenants is everything that is wrong with the private rental sector.

@2020StepAwayFromTheCake

I genuinely don’t understand what the issue is. You live in a home that doesn’t belong to you, yes you pay for that privilege and for quiet enjoyment. However the landlord asking to do one visit is clearly not unreasonable. He can just get a warrant and come in anyway, but all that does I cost him money. Why wouldn’t you let someone in to a property that you are clearly vacating? Just seems unreasonable to me

Are you high?

No not high. Just giving a different view. Are you high? Or just genuinely rude all the time?

@2020StepAwayFromTheCake

No not high. Just giving a different view. Are you high? Or just genuinely rude all the time?

I'm afraid you don't get to criticise anyone else when you've just given such an utterly ridiculous legal view whilst doubtless unqualified.

Go out when the come around, tell them
They have to wear masks (unless medically can’t) leave all your windows open, inside doors open And lights on so they don’t have to touch anything. You could leave an alcohol jel by the front door and ask them to put it on on arrival.

COVID aside, which I guess makes some difference, I would be really annoyed if you didn't allow viewings. We've been landlords for 9 years and actually are just having a change of tenants next week. No one has ever refused, thank goodness. I couldn't afford to have the property empty for 4-6 weeks to allow new tenant to go through necessary checks etc. Maybe we've been lucky but you wouldn't be getting a positive reference from me.

@Gruesome2some

COVID aside, which I guess makes some difference, I would be really annoyed if you didn't allow viewings. We've been landlords for 9 years and actually are just having a change of tenants next week. No one has ever refused, thank goodness. I couldn't afford to have the property empty for 4-6 weeks to allow new tenant to go through necessary checks etc. Maybe we've been lucky but you wouldn't be getting a positive reference from me.

The OP has said she doesn't need a reference, so I doubt that will concern her much. And really, if you're an LL and can't afford a fairly short void in the grand scheme of things, you've left yourself in rather a vulnerable position. Tenants have the legal right not to allow viewings regardless of your feelings on the matter, and not all of them will have to keep you sweet for a reference. You might want to factor that possibility into your plans.

We are currently moving out of our rented property and the estate agent agreed to do video calls until we leave. So YANBU.

At no point did I say that a warrant should be got for the viewing - but a landlord can get one to come into the property for several reasonable things. It’s not helpful for lots of people to give the tenant the view that they can just refuse access at any time, which is what some of the posts are suggesting.

You are very patronising and rude - are you the ex tenant of a friend who refused access for everything as they thought they were entitled to? And cost her thousands of pounds remove? Not all landlords have property empires ffs. What happened to be being reasonable people?

The OP is being, in my view, unreasonable to not allow the viewing.

And for all of you suggesting that landlords chose this option, not always they don’t. It’s not that black and white. Consider that sometimes it’s the only option whilst a complicated legal situation ie a Will is being resolved, and that sometimes you don’t have the money to leave it empty.

At no point did I say that a warrant should be got for the viewing - but a landlord can get one to come into the property for several reasonable things. It’s not helpful for lots of people to give the tenant the view that they can just refuse access at any time, which is what some of the posts are suggesting.

People are not suggesting that the tenant can refuse access at any time for any reason. Obviously the landlord and access the property maintenance repairs and inspections . Showing prospective tenants around is not one of the reasons a landlord can enter the property though if someone is paying rent to live in the property.

You said 'he can just get a warrant and come in anyway'. This is wrong, and as such by definition unhelpful. There are things the legislation gives an LL the right to enter for, but this isn't one of them. And even if you were right there"d be the practicalities of timeframe and pandemic to contend with.

It's not so much an alternative view as an incorrect one. Stop opining on laws you evidently don't understand. You probably feel patronised by that, but it's pretty difficult to tell someone they don't know what they're talking about without having that effect.

Consider that sometimes it’s the only option whilst a complicated legal situation ie a Will is being resolved, and that sometimes you don’t have the money to leave it empty.

Still not the tenant’s problem.