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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:
TrainspottingWelsh · 04/08/2020 22:29

The landlord facing a gap is not the tenants responsibility. If the Landlord can't cope with a gap then they should sell up. There's absolutely no justifiable reason to essentially expect a tenant to receive a lesser service than they pay for just to save the LL money. If it's that important, you pass some of that saving on. Not keep your money grabbing hands in your pockets and lie about the legalities in an attempt to bully your tenants into giving up their rights.

@2155User luckily, it doesn't matter what you think is fair. And hopefully you'll get a tenant that is aware of their legal rights.

PlanDeRaccordement · 04/08/2020 22:29

@runbummyrun

Hope you don't need a reference in 7 weeks
Yes LL and agent would be within their rights to say OP has breached her rental contract by refusing viewings, causing needless loss of income. It could affect future renting or result in OP paying a higher rent.

All the links to shelter and the law lists only what you must do by law. On top of the law, there is always things you must do as required by the contract. Contracts cannot say, for example you don’t have to let LL in for maintenance as that violates the law. But they can absolutely say you must allow additional access such as viewings. A contract is something additional to the law that you consent to by signing it. If you didn’t want to allow viewings the time to take that up was when you negotiated you rental contract. Not now when you’re about to leave.

2155User · 04/08/2020 22:29

@TestingTestingWonTooFree

Maybe, but I do feel that I’ll go ‘above and beyond’ for my tenants in most situations and accommodate their needs and wants as much as possible, so asking for 10 minutes for a quick viewing really isn’t a big ask.

2155User · 04/08/2020 22:31

@TrainspottingWelsh

But for this thread, it does matter. OP asked if she was BU, and I think she is because I feel 24 hours is reasonable notice and fair.

Can OP refuse entry? Absolutely. Will the law be on her side? For a majority, absolutely.
Do I think she is being fair? No.

PlanDeRaccordement · 04/08/2020 22:31

Statute law states that the OP does NOT have to allow viewings, and that overrides contract law, every single time.

Show me where it says that. It doesn’t. It only lists the cases where you must by law allow access. The law does not specifically exclude viewings from being required by contract.

Original poster
Lola528 · 04/08/2020 22:32

Thanks again, it’s interesting to see both sides. I’m sending an email tonight advising we will not be accepting any requests for viewings during the remainder of our tenancy.

I apologise to those offended by this, but we pay a lot of money for this home and I don’t see why our lives should be constantly disrupted in the remaining 7 weeks. Having to pack, organise and keep the house clean 24/7 is just not possible for me right now and us only an added stress. Our health (mental and physical) has to come first.

OP posts:
Fatted · 04/08/2020 22:32

@2155user are you my old landlord?! She used to randomly spring visits and repairs on us with only 24 hours notice. Every single time we were either at work or away, but then she would have the cheek to complain if we weren't available. Our response was always GIVE US MORE NOTICE THEN!! She also did not have a key to the property by her own choice because she did not want us to post it to her (in case it got lost) but also didn't want to come to our house to collect it.

hatesomethinchangesomethin · 04/08/2020 22:33

No. You don't need to allow access for viewings regardless of you being a tenant and it 'not being your house' you have a right to quiet enjoyment and regardless of them giving you notice you don't have to accept

GreenTiles22 · 04/08/2020 22:34

YABVU and I can't believe you wouldn't allow the landlord to conduct viewings!

Presumably when looking at rental properties you have only ever viewed completely empty properties when looking to rent? yeah, thought not.

Just make sure the agent knows not to touch anything and leave them to it. Or if you want to you could stay at the property to make sure they don't touch anything, just keep social distancing and wear a mask. Viewings don't take long, 5 minutes maybe? Honestly it's no big deal.

It happens all the time, how do you think people sell properties? Nobody moves out of their home whilst viewings taking place.

How strange to think you shouldn't allow viewings. I don't get it at all.

DimidDavilby · 04/08/2020 22:34

YANBU. They're sneaky fuckers though so don't be suprised if they turn up with prospective tenants anyway!

Ohfredcomeon · 04/08/2020 22:35

It’s shit like this why we sold our rentals.

Annabanana1234 · 04/08/2020 22:36

@PlanDeRaccordement sorry but you might like to educate yourself here as what you’re saying is false.

TableFlowerss · 04/08/2020 22:36

Normal holy if sat YABU. But in this instance with covid etc then I don’t think YBU.

Most people have lost out financially to some degree. This is his time. Not idea but tough!

Ohyesohyeah · 04/08/2020 22:36

@2155User

Seriously? You still don't get it? I don't have a problem with others having a different option. I have an issue with YOU - as someone who states they 'rent out property' (I see you've taken care not to say you're a landlord Hmm ) also saying that you think/feel 24 hrs notice for viewings is fine Of course you'd feel that. The OP was asking for what she/he is entitled to legally.

For what is worth (which is actually nothing regarding this thread and this question from the OP!) as a tenant I have always allowed viewings, cleaned up, etc, whenever the landlord has asked. And as a landlord, I have always remained within the law but also had great relationships with my tenants. But I've never had do deal with end of contracts during a pandemic either. So I'm just (as may others are) giving the facts/ law so that the OP can make their own mind up based on them - not just how they feel

hatesomethinchangesomethin · 04/08/2020 22:36

It's an implied right of quiet enjoyment. There is so much case law on this. The letting agent and landlord has to give 24 hour notice of an inspection not a viewing so you don't need to let them in

TableFlowerss · 04/08/2020 22:37

Well that makes no sense!

What I meant was normally I would say YABU

Original poster
Lola528 · 04/08/2020 22:38

@GreenTiles22 I actually did wait until this property was empty to view it. its not the time a viewing takes that bothers me, rather the fact they think they can call however often they want in the next 7-8 weeks the day before to say “we’re popping round with more strangers tomorrow” that doesn’t sit well with me, as well as my other reasoning given above.

OP posts:
lyralalala · 04/08/2020 22:39

LL is being extremely unreasonable expecting viewings in with the current situation. I never conduct viewings until the tenant has moved out even when there's not a pandemic ongoing.

Viewings being mentioned in the contract doesn't over-ride the law. I could stick in the contract that my tenants have to make me dinner every Tuesday, but doesn't mean I have a hope in hell of a court enforcing it.

Intelinside57 · 04/08/2020 22:39

Ex landlord here - the void period between tenancies is something landlords need to budget for. You expect to not be able to have viewings when the tenant is still in residence, if they don't mind it's a bonus.
During a pandemic I wouldn't even ask someone to allow complete strangers into their home anyway. Why should they be disinfecting door handles and surfaces and worrying about strangers carrying a virus in?

TheTeenageYears · 04/08/2020 22:40

The law takes precedence over the contract. The contract can say anything but that doesn't mean it's enforceable.

Rental contracts always say you have to allow access for viewings but the law doesn't. Much like the contract will say you have to give 2 months notice when vacating at the end if the fixed term when actually you can ignore any requests to confirm renewal and leave in the last day of the contract - it's perfectly legal (I wouldn't recommend it, just an example of contract vs law).

In normal times I would think anyone not allowing viewings in the last 2 months is just being unnecessarily difficult but these are not normal times and I can completely understand why you wouldn't want anyone in the house. I wouldn't start by quoting the law, it will just get the agents backs up. They know the law and try to get round it hoping you don't. Just explain your particular viewpoint right now and why for your circumstances viewings are not going to work.

MargoDurrell · 04/08/2020 22:41

I’m a landlord & I wouldn’t want to have viewings conducted while there are tenants in their home. (Yes it’s their home).

There’s a pandemic going on for goodness sake.

Why aren’t people bothered about protecting lives anymore?

In my area, viewings are only being conducted in empty properties. And rightly so.

@Lola528 I wish you health and happiness & I can ensure you that not all landlords are contract wielding assholes. Some of us have a heart and some common sense too. Flowers

Annabanana1234 · 04/08/2020 22:42

@Lola528 stick to your guns- I wouldn’t be letting anyone in and for that matter I rented for 17 years altogether (11 flats across 9 landlords) and never once allowed viewings because landlords make enough money that they should factor in voids. After a ll walking in one afternoon in my third flat I began changing the barrels too to prevent that happening again.

PlanDeRaccordement · 04/08/2020 22:44

[quote Annabanana1234]@PlanDeRaccordement sorry but you might like to educate yourself here as what you’re saying is false.[/quote]
Fine don’t listen to an expert. You’re just a bunch of amateurs.

Original poster
Lola528 · 04/08/2020 22:44

@MargoDurrell tysvm, really appreciate your kind words. I’m so torn reading all this but have to put my family first above the Landlord’s pocket!

OP posts:
GreenTiles22 · 04/08/2020 22:44

Rather than say no to all viewings, could you arrange for one day, or one evening, afternoon etc that you're happy for viewings to take place? That way it's controlled and you'd be being reasonable. I don't think you should have to put up with multiple viewings over the whole 7 weeks, but then again I don't think that would happen. I do think you should accommodate a block of viewings in one go.