.. 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.

@Fatted

Haha no! I’ve only met my tenants once, and that was when I went round to see the new carpet that they picked but that I happily paid for because it matched their furniture/new decor etc even though it was much more expensive that I would’ve chosen. So no, I’m not a totally knob of a landlord.

@Ohyesohyeah

The OP asked for her rights. She also asked whether she was BU. I feel she is because I feel 24 hours is fine. Stop getting so worked up.

Here is where malicious compliance is wonderful. Let them all in !

Just have ready some noisy sex scenes from hollywood films queued up on your computer/TV and play them loudly during the showing.

Leave lots of dirty pants on every surface.

Buy some condoms, fill the bottom with a small amount of milk and drape artistically over the sofa and kitchen surfaces.

Fill the hallway entirely with some large furniture, explain you are organising a sale.

Ask your DH to be doing his nude exercises in the front room, loud grunting is a must.

Leave pretend drug paraphernalia around the place and ask a friendly neighbour to call around during the viewing demanding a fix.

Possibilities are endless !

@PlanDeRaccordement if you’re a professional then I feel pity for your tenants.

@Findwen

Here is where malicious compliance is wonderful. Let them all in !

Just have ready some noisy sex scenes from hollywood films queued up on your computer/TV and play them loudly during the showing.

Leave lots of dirty pants on every surface.

Buy some condoms, fill the bottom with a small amount of milk and drape artistically over the sofa and kitchen surfaces.

Fill the hallway entirely with some large furniture, explain you are organising a sale.

Ask your DH to be doing his nude exercises in the front room, loud grunting is a must.

Leave pretend drug paraphernalia around the place and ask a friendly neighbour to call around during the viewing demanding a fix.

Possibilities are endless !

Why on earth would you want to do that?! Has the landlord caused you significant harm in one way or another?

@Findwen

What even.

[quote 2155User]@Ohyesohyeah

It is their home in that they live in it but quite obviously they don’t own it, and therefore I feel they should be more understanding that the landlord will require a tenant once they have moved out.

You seem to be confused between opinion and fact.

As I said, I think/feel that 24 hours is fine. You can feel differently, that’s ok, but I’m still entitled to feel that 24 hours notice is fine.[/quote]
what you think is irrelevant.

There is a law.
You can nicely ask the tenant if they will do it, but by law they don't have to.
Covid is also an excellent reason for them not to want to.

You think they should be understanding of the landlord
You should be more understanding of the tenant. Thye pay you money so that they can use your house.

I find it shocking that so many people on this thread offer opinion not law.
You shou

I was told by my landlord to allow viewings during the last few weeks of me living there. Having agreed to sell me the house then reneging on it and trying to rent it out to other people for more money and serving notice a week before Xmas giving me and my children just 8 weeks to vacate I said absolutely no way are you coming in before I leave. He challenged me on it with my contract and claimed he wanted to do an "inspection" with multiple people accompanying him. He'd not done one for the 4 years I lived there. I advised him that I'd worked in social housing for 14 years, and I have a law degree so he should go get some legal advice.

A week later I got an email offering me a freebie on my rent for the last few weeks, an apology, and a very nice request to "please do viewings if you can at a time that suits you". Because the solicitor told him he couldn't enforce a viewing clause.

It isn't unreasonable particularly in the middle of a world pandemic to refuse viewings. Landlords should budget for void loss

@PlanDeRaccordement You're incorrect. Contracts that waive legal rights do not overrule law. The only grey areas are very particular circumstances and require the party to be fully informed beforehand as to exactly what they are signing away.

Writing random crap in a tenancy contract, not informing your tenant you are asking them to waive legal rights, and usually doing so when the tenant is collecting the keys and therefore could be viewed as doing so under coercion is not going to be seen by any court as a contractual term that takes precedence over statutory law.

@2155User op is not bu to expect her LL to act legally. The fact you think she is illustrates perfectly why it should be a licensed industry.

@steppemum

But OP specifically is asking if people think she is BU. That is the whole point of AIBU. She didn’t create a chat post asking for the law clearly stated. She asked whether her view is reasonable or not. And because of this, opinions will come into play.

@GreenTiles22 I viewed 5 different properties over 2 weeks and they were ALL empty. Albeit they were all flats (not sure if that makes a difference), but I personally would rather view properties that are empty than furnished.

Is your landlord good to you? For 7 weeks is it worthwhile potentially not being able to obtain a reference from them, or them being really exacting when it comes to fault finding re: your deposit?

@Findwen

Here is where malicious compliance is wonderful. Let them all in !

Just have ready some noisy sex scenes from hollywood films queued up on your computer/TV and play them loudly during the showing.

Leave lots of dirty pants on every surface.

Buy some condoms, fill the bottom with a small amount of milk and drape artistically over the sofa and kitchen surfaces.

Fill the hallway entirely with some large furniture, explain you are organising a sale.

Ask your DH to be doing his nude exercises in the front room, loud grunting is a must.

Leave pretend drug paraphernalia around the place and ask a friendly neighbour to call around during the viewing demanding a fix.

Possibilities are endless !

If one of my tenants was doing this and they had kids I would be contacting social services.

Whatever the legalities it's shitty to expect the landlord not to do any viewings at all until you are gone and so potentially face financial difficulties through having a vacant property for some time. Agree on a suitable time for viewings when you are out of the house. Insist they sanitise hands, wear masks and touch nothing but door handles. Clean all handles on your return. The risks are low.

[quote TrainspottingWelsh]@PlanDeRaccordement You're incorrect. Contracts that waive legal rights do not overrule law. The only grey areas are very particular circumstances and require the party to be fully informed beforehand as to exactly what they are signing away.

Writing random crap in a tenancy contract, not informing your tenant you are asking them to waive legal rights, and usually doing so when the tenant is collecting the keys and therefore could be viewed as doing so under coercion is not going to be seen by any court as a contractual term that takes precedence over statutory law.

@2155User op is not bu to expect her LL to act legally. The fact you think she is illustrates perfectly why it should be a licensed industry.[/quote]
That’s not what I’m saying AT ALL. A contract with a viewing clause doesn’t waive any rights whatsoever. But once signed by both parties, it does create a legally binding promise that you the tenant will allow viewings. A viewing clause is not a illegality if placed in a tenancy contract agreement.
If the tenant later decides not to allow viewings the tenant is not breaking any law, but is in fact, in breach of the contract. And the LL can pursue damages through deposit scheme for breach of contract or through the civil courts. The LL can also accurately and legally state the tenant was in breach of contract in any reference.
IRL, most LLs cannot afford to take a tenant to court for breach of contract, but make no mistake it’s not perfectly ok & legal to sign a contract saying you will allow viewings and then just change your mind.

It's not at all shitty to stick to your legal rights, in the middle of a pandemic, and when especially vulnerable.

@Lola528 - could you offer to do a detailed video tour of the property, that the LL could show prospective tenants?

@Ohfredcomeon

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

It’s shit like this why we gave up renting.

@Doyoumind landlords make a profit on the homes that they rent. Part of the business model is allowing for void periods. If op has been in there a while then surely the LL Will need to do some touch ups of paint etc in order to let a fresh flat to their new tenants? I don’t understand why people take on let’s for properties they can’t see vacant so they can get a proper note taken of any damage etc to prevent unfair deductions from their deposit at the end of their tenancy.

Don't be that obstructive arsehole OP

So much really unhelpful misinformation here.
Assuming you’re based in England/Wales OP @PlanDeRaccordement position is correct. The viewing clause isn’t going against any “law” - they aren’t illegal.

If the clause didn’t exist then yes access could only be enforceable in the instances people keep copy and pasting off the shelter website. But the clause does exist and you have accordingly already given consent.

That’s the legal position. Your landlord is a human being. Have a chat with them about your worries and see what can be done to work for both parties.

@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.

Interesting that 53% of voters either don’t know the law or don’t think it should apply to renters!

@GrumpyHoonMain

Is your landlord good to you? For 7 weeks is it worthwhile potentially not being able to obtain a reference from them, or them being really exacting when it comes to fault finding re: your deposit?

The tenancy rent deposit scheme will see to any over “exacting” landlords 🙄

@Annabanana1234 we’ve been here 4 years, seen the LL only once in that time, he’s not done any painting or improvements he’d told us he’d planned to do at the beginning if our lease. We’re fine with that, as, per my comments, we prefer to be left alone.

I don’t think it’s unreasonable in this pandemic as an asthmatic to ask them to not allow strangers into our home.

@Lola528

Would be interested to know how bad your asthma is. As I’m sure if it’s that bad where you risk is elevated, you should be shielding. But you’re not

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. I’m not trying to be difficult, rather an genuinely worried about having people enter our home at this COVID time!