.. 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.

You are wrong on so many points OP.
Viewings in Scotland have been allowed to take place during the whole Covid pandemic if there was no alternative.
You are twisting the narrative to suit yourself, on one hand complaining that repairs and the gas safety check hasn’t been done then denying the landlord the option of doing a viewing.
For all you know they are relying on the rental income and because you are being stubborn you could cause financial difficulties.
You don’t deserve praise for paying on time, it’s not something to boast about at all.
I truly think that you are being difficult for the sake of it and it wouldn’t be hard at all for you to offer up an hour for viewings to take place and insist on no touching etc.
No wonder so many landlords are selling up which is only going to drive up rental costs.

You are twisting the narrative to suit yourself, on one hand complaining that repairs and the gas safety check hasn’t been done then denying the landlord the option of doing a viewing.

You can't possibly think these are remotely comparable. Landlords are legally obligated to perform repairs and gas checks, tenants are not legally obligated to allow viewings, and the OP said nothing to suggest she would refuse to allow the landlord access in order to perform the tasks they're legally obligated to do.

@Mascaramademehappy

You are wrong on so many points OP. Viewings in Scotland have been allowed to take place during the whole Covid pandemic if there was no alternative. You are twisting the narrative to suit yourself, on one hand complaining that repairs and the gas safety check hasn’t been done then denying the landlord the option of doing a viewing. For all you know they are relying on the rental income and because you are being stubborn you could cause financial difficulties. You don’t deserve praise for paying on time, it’s not something to boast about at all. I truly think that you are being difficult for the sake of it and it wouldn’t be hard at all for you to offer up an hour for viewings to take place and insist on no touching etc. No wonder so many landlords are selling up which is only going to drive up rental costs.

I’ve do not need a reference from our LL, but please don’t misunderstand. We’ve been good tenants, paid on time every month and not pushed him to do anything during our time here.

You think that's boasting about paying on time?

What are you, a shitty landlord (if you are, please read the posts from good landlords on this thread, you could learn so much from them) or just another eejit?

@unmarkedbythat yep, landlord here - not a shitty one either but that might not suit you 😂

@Mascaramademehappy, you are the one who is wrong on so many points and twisting the narrative.

The landlord:

It is a criminal offence to let a property without a gas safety certificate with a fine of up £6k or a prison sentence of up to 6 months. The landlord can also be charged with manslaughter if faulty equipment that hasn't had a gas safety check causes the death of a tenant. A criminal conviction for gas safety offences can also lead to a banning order for the landlord, that is, they are not allowed to let property.

The landlord has a legal obligation to maintain the property and make repairs. The courts can force them to make repairs. Failing to comply with an improvement order is another offence that can lead to a banning order.

The landlord has also chosen to put an unfair, unenforceable clause in the contract.

The tenant (OP):

Wants to exercise her statutory right to quiet enjoyment.

[quote Mascaramademehappy]@unmarkedbythat yep, landlord here - not a shitty one either but that might not suit you 😂[/quote]
I suspect it's more likely people aren't going to trust you to accurately recognise what counts as being a shit landlord, bearing in mind your previous contribution to the thread.

And still the only ignorance rumbles on! Astounding!

They need to teach this stuff at school!

If the tenant doesn’t want to allow access for any reason whatsoever, they don’t have to - and Morally shouldn’t have to either.

I do wish there was an exam requirement to be a landlord! It would help everyone so much and sort the wheat from the chaff both here on this thread and in the private rental market

Ok then! Good to know that you are up to speed on everything I do.

The most ridiculous thing in all this is that a simple google will inform these inept landlords that carrying on here defending the incorrect position they insist on is a complete waste of time and is actually showing them up as utterly idiotic and unfit to be landlords at all.

It surprises me that so many fellow landlords have the slightest bit of sympathy for a LL whose gas cert ran out in August 2019.

That's not a Covid issue. That's a shit landlord issue.

LL's like that are the reason people judge us all on the same basis.

[quote Mascaramademehappy]@unmarkedbythat yep, landlord here - not a shitty one either but that might not suit you 😂[/quote]
You might have never actually done anything shitty to your tenants @Mascaramademehappy but if you believe your financial difficulties are anything to do with the tenant (who you are profiting from) and they should waive their legal rights to help you, that makes you a shitty landlord.

I've never met a landlord who doesn't think they are a good landlord. I once dealt with one who believed he was a good landlord because he did shitty DIY repairs for the tenants and paid to get the boiler fixed. Never mind that he illegally evicted them with threats of violence for being 2 weeks late with the rent. He did at least remember to give them the statutory 24 hours notice that he was coming round Nor did the property have any smoke alarms (a legal requirement). His response was: "It's fine, the house didn't catch fire, did it?"

@Mascaramademehappy

Ok then! Good to know that you are up to speed on everything I do.

Well you quite clearly aren't.

So you are happy to have workmen 'traipsing around touching things' even though you are worried about Covid? Perhaps the landlord couldn't afford to get the repairs done or wanted to know they had a new tenant before committing to them?

You could have restricted viewings to the last 4 weeks between certain hours on certain days. It's hardly going to be 'hundreds of people' then - and wouldn't have been anyway. Not only that people don't touch things in viewings. They are worried about your germs too after all.

Obviously you do what you want. I think you are BU but equally wouldn't want 7 weeks of constant viewings either so would manage it by stipulating weeks and days (I've allowed viewings in the past but asked that it be certain hours only).

@Mascaramademehappy you're a landlord?
You have no grasp of the basics so that's quite worrying

@Vodkacranberryplease

So you are happy to have workmen 'traipsing around touching things' even though you are worried about Covid? Perhaps the landlord couldn't afford to get the repairs done or wanted to know they had a new tenant before committing to them?

You could have restricted viewings to the last 4 weeks between certain hours on certain days. It's hardly going to be 'hundreds of people' then - and wouldn't have been anyway. Not only that people don't touch things in viewings. They are worried about your germs too after all.

Obviously you do what you want. I think you are BU but equally wouldn't want 7 weeks of constant viewings either so would manage it by stipulating weeks and days (I've allowed viewings in the past but asked that it be certain hours only).

The LLs legal duty regarding repairs isn't impacted by whether they can afford it or have a new tenant lined up. Even if it were, you're being generous enough there given that the gas certificate expired a year ago. No reason to imagine he'd treat a new set of tenants better.

In many cases on here where LLs are frothing on about ‘their house’ - it’s not though, is it? It’s still the bank’s until tenants help you to pay it off.

If nothing else, I hope it’s made some LL on here re-evaluate the way they run their businesses and get up to speed. It’s actually quite appalling how many are so clueless.

@Mascaramademehappy

You are wrong on so many points OP. Viewings in Scotland have been allowed to take place during the whole Covid pandemic if there was no alternative. You are twisting the narrative to suit yourself, on one hand complaining that repairs and the gas safety check hasn’t been done then denying the landlord the option of doing a viewing. For all you know they are relying on the rental income and because you are being stubborn you could cause financial difficulties. You don’t deserve praise for paying on time, it’s not something to boast about at all. I truly think that you are being difficult for the sake of it and it wouldn’t be hard at all for you to offer up an hour for viewings to take place and insist on no touching etc. No wonder so many landlords are selling up which is only going to drive up rental costs.

For all you know they are relying on the rental income and because you are being stubborn you could cause financial difficulties.

Again, not the tenant’s problem.

@PiataMaiNei I was making the point that the op was fine to have people traipsing through the flat through Covid. Just not if it didn't benefit her. So it's not about shielding it's about don't want to.

But that's up to her. I've rented a lot in the past and always tried to keep the ll on side. Because I guess they can be tricky about deposits if they want. But then if this is a shitty LL that could be the case anyway. Everyone's stretched currently and there are shitty tenants and shitty LLs. For me minimising the shit for others if I can at the moment works but for others it doesn't. Cest la vie

[quote Vodkacranberryplease]@PiataMaiNei I was making the point that the op was fine to have people traipsing through the flat through Covid. Just not if it didn't benefit her. So it's not about shielding it's about don't want to.

But that's up to her. I've rented a lot in the past and always tried to keep the ll on side. Because I guess they can be tricky about deposits if they want. But then if this is a shitty LL that could be the case anyway. Everyone's stretched currently and there are shitty tenants and shitty LLs. For me minimising the shit for others if I can at the moment works but for others it doesn't. Cest la vie[/quote]
There's a huge difference between having someone in for an essential repair and someone in for a non-essential reason. To pretend otherwise is just being disingenuous.

Because I guess they can be tricky about deposits if they want.

And that's exactly why there are now deposit protections in place, and also why they generally favour the tenant now. Shit landlords shot themselves in the foot by playing silly buggers with tenants deposits.

[quote Vodkacranberryplease]@PiataMaiNei I was making the point that the op was fine to have people traipsing through the flat through Covid. Just not if it didn't benefit her. So it's not about shielding it's about don't want to.

But that's up to her. I've rented a lot in the past and always tried to keep the ll on side. Because I guess they can be tricky about deposits if they want. But then if this is a shitty LL that could be the case anyway. Everyone's stretched currently and there are shitty tenants and shitty LLs. For me minimising the shit for others if I can at the moment works but for others it doesn't. Cest la vie[/quote]
The deposit schemes will decide how tricky they're going to be, not the LL.

@Mascaramademehappy @Gruesome2some @2020StepAwayFromTheCake

If quoting the law doesn't convince you of your obligations as landlords because you still think your profits or financial difficulties trump the law, how about an analogy?

What would you do if next time you remortgage your home, the bank decided to put an unenforceable clause in the contract that allowed them to enter your home at 24 hours notice? Let's say so they can do a survey to make sure that the property is still worth more than the loan because they don't want to lose money if they ever needed to repossess the house.

Or if you leased a car for 2 years, would you let the car dealer send customers round to test drive your car for the last 2 months of the lease just because they had put an unenforceable clause in the contract that says they can do that?

Or if you bought a secondhand car with a 2 year warranty and the brakes failed after a month. What would you say if the dealer told you they couldn't repair it because it would cause them financial difficulties?

Thought so...

It's no different. Being a landlord is a business. You have legal responsibilities. The tenant is your customer, not your friend, don't expect them to do you favours. You aren't a feudal landlord and the tenants aren't your serfs.

Maybe we should start calling landlord's lessors so they don't get delusions of grandeur and importance.

The fact that those of us that don't ignore tenants rights have been referred to as good Landlords several times on this thread says it all really. I like to consider myself a good Landlord because I go above and beyond, but we shouldn't be in a situation where simply abiding by the law is viewed as good, it's the minimum.

Perhaps as well as licensing we should be looking at a scheme for deposits & credit checks for Landlords to prove the funds are available for void periods and basic maintenance, and avoid situations where the landlord thinks their own shit financial planning is the tenants problem.

@Vodkacranberryplease no, I am not happy at the thought if anyone being in our home right now, maintenance included. However, I DO understand that legally I would have to let a person in for essential maintenance, whereas I do not legally have to allow viewings.

We’ve had cracked kitchen floor tiles since March, which have gotten progressively worse, however in my latest reminder email to the LL M, the reply was “its not worth it before you leave”. Legally, I could push this issue and enforce the repair as he is contractually and legally obliged to repair construction issues, however, given the current situation (he has asthma too), I am willing to compromise. I don’t think I’m being difficult in asking him to do the same?

Totally agree there should be LL checks in place like there are for Tenants. Ours would have failed miserably (along with several who have commented on this thread).