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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:
ShawshanksRedemption · 04/08/2020 22:05

@Throckmorton

You're right, I should be clearer. Tenants can refuse entry, but equally the Landlord can go to court to request access. If OP does not need to keep landlord/agent on their "good side" for a reference, then OP can just say no until they leave the property.

www.pettyson.co.uk/about-us/our-blog/342-landlord-access-rights-can-tenant-refuse-entry

Tappering · 04/08/2020 22:07

@ivfdreaming. It's irrelevant what the contract says. A contract does not trump the law - otherwise you could write any old terms into them and have them be enforced.

The court is only likely to enforce the landlord's access request if it is for genuine safety and maintenance requirements - e.g. to conduct a safety check on the boiler or.to fox a leaking roof.

OP - tell the agent that you do not consent to viewings and that these will need to be conducted once you have vacated.

Cloudtraffic · 04/08/2020 22:07

Christ the number of people on here with no understanding of rental agreements or tenants rights - stand your ground OP. The landlord owns property but it’s your home and you have rights enshrined in law - use them.

imissthesouth · 04/08/2020 22:07

@2155User
The OP has a reasonable date to allow future tenants for viewings, surely the current tenants should come first if they feel vulnerable having people in their home?

Throckmorton · 04/08/2020 22:08

The landlord can go to court to get access for certain things, as listed in that source you link. viewing for new tenants isn't one of them

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

I just really am not comfortable with people traipsing around my home (even if only while l I rent) and potentially touching our things, especially with COVID. We’ve been so careful and not let anyone in this entire lockdown (family lives up North) so I feel it’s additionally jeopardising our efforts if we allow this now.

OP posts:
CornishTiger · 04/08/2020 22:09

If you are feeling generous and landlord has been good to you then you could invite agent with PPE in to do a video to show tenants a virtual tour.

disorganisedsecretsquirrel · 04/08/2020 22:10

Your contract can require you to stand on your head in a bucket of water every Friday night... it is not enforceable. !!

You are permitted quiet enjoyment of the property you rent . Your responsibility is to report issues that require fixing and to allow access... 7 weeks of visits is not 'quiet enjoyment ' !!

Say no.

TestingTestingWonTooFree · 04/08/2020 22:10

I’m with Ohyesohyeah on this. Shelter can give expert advice that’s accurate.

Mumsnet can be so pro-landlord it’s ridiculous. Agreeing to vacate early for a rent reduction is a fair offer.

PanamaPattie · 04/08/2020 22:10

Tell them you would be happy to allow viewings on the 22 September. Until then, it's your home and you pay rent to live there in quiet enjoyment.

2155User · 04/08/2020 22:10

@imissthesouth

Absolutely, however the 7 days that the OP is suggesting is often not long enough to conduct viewings/get paper worked signed/references completed/rent money coming in, unless it’s in an area of high demand.

The risk is so very minimal and low if the viewings are conducted in basic PPE that I cannot see how it could be an issue.

Although I’m a landlord now, I’ve been a tenant in properties before, and it would’ve taken a lot for me to refuse access.

PlanDeRaccordement · 04/08/2020 22:11

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.

2155User · 04/08/2020 22:11

@CornishTiger

Brilliant suggestion!

NoemiaElara · 04/08/2020 22:16

Shawshank- you might want to read the article you posted if you expect it to back your argument up. No where on that article doesn't it say a landlord can take the tenant to court for not allowing viewings. That's completely false information. Landlords are only allowed BY LAW access to the property for emergencies, maintenance & inspections. The OP will not be taken to court for not allowing some strangers into her home. It wouldn't even get to court!

PlanDeRaccordement · 04/08/2020 22:16

It's irrelevant what the contract says. A contract does not trump the law - otherwise you could write any old terms into them and have them be enforced.

This is not true in contract law. Contracts can be more restrictive than the law and be fully enforceable. What contracts cannot do is be less restrictive than the law and be enforceable. It is never irrelevant what a contract says because it is a binding agreement.

TestingTestingWonTooFree · 04/08/2020 22:18

the 7 days that the OP is suggesting is often not long enough to conduct viewings/get paper worked signed/references completed/rent money coming in, unless it’s in an area of high demand.

None of this is the tenant’s problem. They’ve paid their rent for exclusive use of their home. Landlords should plan/budget for voids.

Annabanana1234 · 04/08/2020 22:18

Yanbu. Decline access for viewings and if you think they’ll do it anyway then change the barrels of the locks. It’s totally legal as long as you replace the original ones when you leave (and if you don’t do that already then please consider doing it for every property you rent in the future as god only knows who might have a key that fits your lock!)

2155User · 04/08/2020 22:19

@TestingTestingWonTooFree

I totally agree it isn’t the tenants problem, but a majority of tenants would, I hope, just be a decent/kind human being and accept the odd viewing.

Ohyesohyeah · 04/08/2020 22:20

Grin These threads always make me laugh @2155User It's exactly the fact that you've said 'I feel 24 hours is fine' that I have an issue with!

Basically OP, the law is complicated. But what you have technically is:

You legally could have changed the locks when you moved in- so how can they make a viewing if they can't get in? (As long as you change then back on leaving - although no one would ever chase you for this through the courts if you didn't change them back)

You do not have to allow anyone through a locked door of your home. So how can they arrange a viewing?

If you have another house lined up and are not relying on a reference from your current landlord then you have no problem whatsoever.

Yes, the landlord could technically take you to cout to gain access, but it is absolutely laughable if anyone thinks that a court rule in favour of the landlord in this case before September where the tenant is paying rent. (Court orders for landlords to gain access where tenants are NOT paying rent take months, and a hell of a lot of money for the landlords).

Not allowing viewings can not legally result in any deduction from your deposit.

PLUS - you have covid on your side!

PlanDeRaccordement · 04/08/2020 22:22

OP - tell the agent that you do not consent to viewings

If OPs contract, which she did in fact sign and consent to, states she will allow viewings with 24hr notice, she has in fact already consented to viewings. Furthermore, the contract is not in violation of or contrary to the law and if she now refuses viewings, she would be in breach of contract. The LL could withhold her deposit and/or take her to court to sue for damages (loss of rental income) for breach of her contract.

TestingTestingWonTooFree · 04/08/2020 22:22

england.shelter.org.uk/housing_advice/private_renting/tenants_responsibilities

Shelter say you must allow access for repairs and inspections. What’s proposed is outside of this.

runbummyrun · 04/08/2020 22:23

Hope you don't need a reference in 7 weeks

2155User · 04/08/2020 22:24

@Ohyesohyeah

I’m not sure how you get through life easily when you have an issue with someone else having a totally reasonable opinion!

TestingTestingWonTooFree · 04/08/2020 22:25

As a landlord, perhaps the decent/kind thing is to give tenants peace, particularly when they’re preparing to move out.

19lottie82 · 04/08/2020 22:27

If OPs contract, which she did in fact sign and consent to, states she will allow viewings with 24hr notice, she has in fact $already consented to viewings.*

As explained earlier in the thread, that’s not how the law works. Just because something is in a contract doesn’t mean it’s legal and valid. Statute law states that the OP does NOT have to allow viewings, and that overrides contract law, every single time.