.. 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.

OP i think if you've been lucky not to have to go in to work for months, lots of us have been at risk daily.

Just remember it isn't just the landlord you're impacting - someone hoping for your home cant have it now, the government will get no tax while the landlord gets no income and the council will get no council tax.

I'm sure if you explained to the agent your concerns then they would minimise viewings to one person per family, 5 minutes only etc. After all they are also at risk from the virus. Give and take in life.

I think it's reasonable for the LL to request a video so they can organise for new tenants and give the tenant a discount. I can absolutely understand that tenants won't want viewings before they leave, pandemic or not.

Well if they're only giving 24 hours notice, then for starters you don't have to worry about it being tidy!!

YANBU not to want hoarders of people in for the next seven weeks, but did you reply with a compromise? Can you set up a video tour so only 'serious' people then want to look around.

A week is a very short space of time so it would seem decent if you could agree to allow a limited number in from e.g. 1st September but I also understand why you don't want to.

caringcarer - You can put that in your contract, but it's not enforceable. Have a read of the posts by orangenasturtiums.

YABU and difficult. The landlord needs new tenants I you're leaving.

@PlanDeRaccordement

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.

They also cannot break the law or disregard the law.

I think you are not unreasonable to not want hoardes through your apartment but I think you are being very unreasonable to blanket ban viewings without any compromise.
I'm a landlord and have always found that if you're fair with your tenants than they'll be fair with you.
I would definitely mention that you didn't allow viewings in your landlord reference though which would be a deal breaker for a lot of new potential landlords.

OP, there is so much misinformation on here. YANBU to refuse.

OP, do you have details of where your deposit is protected and all the prescribed information, plus an up-to-date Gas Safety certificate and EPC? If you do, fine. Still refuse viewings, but you could compromise and offer them in September on one evening and one weekend morning. If you don't, you hold a large bargaining chip as the LL is breaking the law. The House Renting board on MSE is really helpful if you need it.

Do you pay to a private landlord or is there and agent involved? Our landlord's agent has significantly reduced their home visits in-line with government guidance. During lockdown they closed their office and worked from home so I can see that a private landlord who doesn't use an agent might have missed some guidance which you could use to your advantage.

Since re-opening, they have conducted a non-contact home inspection. We were asked to vacate the property over that period to protect their agent and us and as we were not able to be out on the day they suggested, offered them alternative dates when dh and I were at work and the dc at school, so no inconvenience to us at all. The agent sanitised all the door handles they had touched.

I don't think you are being unreasonable to refuse visits, but is there a compromise which you would be able to agree to? Eg no visits until the beginning of Sept, and then only on one or two days a week while you and dh are at work? The suggestion of a video tour of the house is a good one and seems the be popular among a lot of agents selling houses right now. it will help weed out those for whom the property isn't suitable without inconveniencing you or landlord, and allows for setting appointments with 24 hours or more notice.

Ultimately, in the middle of a pandemic you are not unreasonable to refuse non essential visits to your home. And I'd only class essential as emergency works and repairs.

Quick google...
"3.4 My landlord wants access to my property to conduct viewings for sale or letting, do I have to let them in?
• Tenants’ safety should be the first priority of letting agents and landlords.
• Landlords and letting agents should not conduct viewings in properties where tenants
are symptomatic or self-isolating.
• Where tenants have been determined clinically extremely vulnerable and are shielding, landlords and tenants should only conduct viewings from 1 August 2020 and should seek to minimise the number and duration of any viewings. If possible, individuals who are clinically extremely vulnerable should remain outside the property when viewings take place. Visitors should avoid touching surfaces and should clean any surfaces they do touch prior to leaving.
• Where viewings can proceed, they should be conducted in line with the guidance on viewings included in the guidance on moving home during the coronavirus (COVID-19) period in England."

current government guidance to landlords and tenants. It doesn't rule out viewings but does make recommendations. I'd ask your landlord to comply with these before allowing actual viewings, even if it means they draw up a temporary contract specifically for this purpose if you want better protection.

I can't believe how many idiot landlords there are on here that seem to think THE LAW doesn't apply to them just because they have put something in a contract.

Not sure of the legalities of it tbh, I’ve been a tenant and imo you’re being very unreasonable. Your tenancy is coming to an end and your landlord wants to quite rightly find new tenants so there’s no gap in their income, you’re preventing that by refusing to allow them access to view the property. Your excuse about Covid despite not shielding imo isn’t justified, given many people like myself and my partner have been working throughout this entire pandemic despite having some health problems like mild asthma ourselves.

You may have the legal right to refuse and be as difficult as people are suggesting on here by changing locks etc, but you’d be an arsehole imo, and if your landlord has been good why make their life difficult and ruin your relationship and references? Just ask them to wear masks and leave the house while they’re there, it’s not much to ask.

I always remember them showing prospective buyers round the day or two after I had a home birth when we were renting. Not sure who was most uncomfortable - us, the agent or the viewer! Was a complete mess, my toddler was causing chaos and I had my parents and a friend staying so stuff everywhere as it wasn’t a big house. Should also add we didn’t want to move we were getting kicked out so they could sell. This was a long time ago and tenants had far less protection and at 24 I wasn’t as savvy with it all as I am now.

Our old landlord did this, pressured us to allow viewings while we still lived there (in this case it was for selling the house not renting) i reluctantly accepted but i hated every min of. Five of them came and one fella started opening all the cupboards and drawers ect. I felt really invaded and after they left i told the agent i wasnt having anyone else viewing it till we leave. That was the end of it. I. Don't think they can enforce it but im in ireland so might be a bit different in uk. My advice to you would be to maybe ring citizens advice or something to find out your rights and re read your contract to see exactly what's said . I don't think anyone would blame you for saying no esp during the pandemic and the fact you and your husband are vulnerable! Good luck op.x

YANBU. We just did the same, but vacated 2 weeks early after a 5 year tenancy to give the landlord time to redecorate and market the property. We didn't ask for our rent back, but agreed and confirmed by email (in case of a later dispute) that we wouldn't perform a full professional clean.

Carpets and oven had already been done, and it was actually pretty spotless, but we didn't want to be penalised if we'd missed any intricacies of a professional cleaning standard. We agreed to cancel the booked gardener and not to clean the windows.

The most important thing was booking the Check-Out for when we left, rather than the end of the tenancy. I didn't want multiple people in the property after I'd left causing dirt or damage that could affect my deposit.

Thankfully, our landlord was also vulnerable to Covid, so understood my concerns. They got the better end of the deal financially and I had peace of mind.

@caringcarer

I am a LL and put it in the contract that if tenant gives notice to quit we can show prospective new tenants around property with 24 hours notice. You could go out or wait in garden if you felt unsafe. If we were to give tenant notice to quit we would wait until they left before viewings. We have never had to ask anyone to leave.

Did you pay anyone to draft that contract for you or to advise on it? If so, complain immediately.

OP, just have a conversation with your landlords. Honestly. Most people are genuinely quite nice, and contrary to popular belief that extends to landlords as well. I'm sure if you called them up and explained that you weren't happy with them showing tenants round for reasons XY and Z they would understand.

They'll either say "yes that's fine" or they'll insist. If they insist you can work on a compromise (only allowing viewings in a Friday to give you time to prepare or them understanding they house won't be show home ready).

When we gave notice on our rental our landlord wanted to bring people round to view, I just called him and explained that as we were packing, whilst still working full time and with two small kids I would not have time to make the house tidy and he was welcome to bring people round but he ran the risk of it looking like a bomb had gone off. He understood, laughed and said he'd wait til we vacated.

Honestly, have a conversation, so many issues in life can be solved easily by just communicating.

We will be vacating around a week before we are entitled to stay in the property, so they will have that time to conduct repairs/refresh paint etc should they wish (incidentally we do have a flooring issue pending repair since I reported it end of March, and the LL is refusing to fix it before we leave, citing it “not being worth it” before that. I’m guessing legally he’s in the wrong there, however, we are happy to compromise on that, so would hope for the same in return with our request.

There is an Estate Agent involved, in fact its them who’ve been pushy with us over having viewings done. Obv, they are acting on behalf of the LL.

As an aside, we also haven’t had a current gas certificate in over a year - is that legal?

Thanks for everyone’s input, I do appreciate your time and views.

YANBU at all. These are unprecedented times, and it would be a risk, whoever you were, to have random people you do not know in your home. You should not be asked to do this at present, or at all. It is unreasonable of them to expect it as you have given thema clear week after you leave, in which to show prospective new tenants.

Do not budge on this. Health is more important than their business methods. Just tell them that due to corona virus, you are not going to comply. In any case, what can they do if you do not allow access?

YANBU. You pay good money to your landlord to live in this house until your tenancy ends. A landlord who doesn't budget for rental voids like this shouldn't be a landlord.

In normal times I may have offered an afternoon on X date for viewings (certainly not just whenever they wanted over the next 7 weeks). However, during a pandemic? No.

My (just moved out) neighbours have been renting the house next door whilst their house purchase went through. The property is now back to rent through the old agent and tenants are due to move in in a couple of weeks' time.

As well as the old photos they had from a couple of lettings ago, they agreed to do a "virtual viewing".
I am pretty certain it just involved them doing panorama/360 shots in rooms on their smartphone, but it would have been easy enough for them to film a 5 min walkthrough. New tenants seem happy enough to pay ££ rent (though school catchment might have been a clincher).

Maybe suggest that?

Assuming you're in the UK, won't this breach current Covid guidelines?

Look at your right to rent guide which clarifies your rights.
As you will know a gas cert is a legal requirement and you must allow access for that.

Not your property OP, how are prospective tenants supposed to view the property if you refuse entry?

@aquashiv I’m aware it’s a legal requirement, but just stating they have not renewed it since 2019 therefore they are in breach of safety standards no?