.. 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.

@Crumpets111 Not your property OP, how are prospective tenants supposed to view the property if you refuse entry? simple, when she has moved out.

I wouldn't dream of allowing viewings at the moment. The risk of coronavirus may be lower than it was but it Is still there and why should you risk being seriously ill so that the landlord doesn't have to miss a week or two of rent. There's no way of reducing the risk to zero by wearing gloves or a mask and you have no way of knowing that they won't touch anything or that anybody would sterilise things afterwards. Many people don't take this very seriously and don't take proper precautions and your landlord and the viewers could be those people.
The fact that you signed the contract is irrelevant unless they told you about it when you looked around. If forced to sign at the last minute or risk losing a deposit it's arguably not willing. As others have said it's not enforceable anyway.
You've given them a week of paid rent when they can show people around and that is very reasonable.

@Crumpets111 while I don’t own the property, I pay a lot of money to the owner to have quiet enjoyment if the home whilst I live here. The LL rights do not supersede mine in this regard.

@Handsoffisback

You can request that masks and gloves are worn if that makes you feel better. Why would they be touching your things? They’re coming to view the building, not your ornaments. Have all doors open prior to their arrival so that they don’t need to touch them. This can easily be managed. You are being deliberately difficult and using Covid as an excuse.

You can request it but no way of knowing if that has been done if OP wasn't in the house. If they are infected wearing gloves won't help anyway. Clean hands are better but as I said OP would have no way of knowing whether they have done that. People do touch things and occasionally things are even stolen.

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

After she's moved out. Not her property, but her home which she pays to live in.

Legally she's not obliged to, whatever the preferences of the ropey landlords posting on here.

Can't believe all the people who think it reasonable to take rent from someone and then insist that they can enter the property for their own convenience particularly in the middle of a pandemic. Talk about trying to have your cake and eat it.

A contract that both parties enter into willingly is legally binding.

No it isn't. You and I could sign a contract stating you are going to punch me in the face every Tuesday morning at 11am. If you did this, you would be acting illegally even though we had both willingly signed a contract stating you could.

OP, I completely understand why you wouldn't want bunches of people traipsing through your home even when there isn't a plague on. YANBU.

YANBU OP.

You don’t have to allow it.

This comes part and parcel with renting.

This comes part and parcel with being a landlord. you have to plan for void periods between tenants. To allow for inspection, repairs, cleaning and viewings.

Sorry I have to agree with those saying YABVU.
There is no animosity with you and the landlord so that isn't a reason. You realise that whilst the property is not rented he will be not receiving income that he may need , and whilst I know you can shrug your shoulders and say this is not your problem, if the landlord has been good why would you want this to happen.
I think the covid is a handy excuse rather than the reason, and I say this because there are alternatives that you don't seem to be willing to use. Video link etc.
If I was the landlord and anyone asked for a reference I would be giving as poor a one as I could get away with- but as legally thats fine I am sure ppl will agree with it

A lot of people on this thread really need to read up on tenancy law before they post on threads like this.

I think the covid is a handy excuse rather than the reason, and I say this because there are alternatives that you don't seem to be willing to use. Video link etc.

She would have to let someone in the house to do a video link wouldn't she. If so it isn't really an alternative.

If I was the landlord and anyone asked for a reference I would be giving as poor a one as I could get away with- but as legally thats fine I am sure ppl will agree with it

They couldn't really give a bad one if OP has been paying the rent and leaves the house in good condition. What can they say apart from the fact that they wouldn't allow strangers to look around during the Covid pandemic which any good landlord would think totally reasonable, I think.

You realise that whilst the property is not rented he will be not receiving income that he may need , and whilst I know you can shrug your shoulders and say this is not your problem, if the landlord has been good why would you want this to happen.

So if the OP has been a good tenant what favours should the landlord do for her? You seem to think being a good landlord is justification for OP to do them a favour so the reverse should be true. Should OP ask for a month’s free rent?

If I was the landlord and anyone asked for a reference I would be giving as poor a one as I could get away with- but as legally thats fine I am sure ppl will agree with it

So OP can leave the property in as poor condition as she can get away with then?

Yanbu, I wouldn’t allow viewings even with Covid. I don’t want randoms looking around my home.

Landlord can do viewings once you’ve moved out.

YANBU exactly as you quoted. You have the rig to quiet enjoyment.

Our old Letting Agency kept saying "it's ok if you're not in, we have a key" and we kept saying "we do NOT want anyone entering our property without permission!"

Anyway I didn't want to do viewings but we just did in the end. One of the letting agents smashed something sentimental to me and DH and went "oops I'll pay for a new one" which wasn't the point, it was a cherished item. They also never came through with payment when we did buy another.

I said "you may do your last viewing in 30 mins and then nothing until we've moved all our stuff out" (we also had an overlap) they still tried to get into our garage and things to view and we kept saying no.

They're very cheeky and don't do anything they should, so many repairs were meant to be done before we moved in which they didn't until we kept pestering, the house had not been cleaned and had broken items in, yet told us when we left the kitchen wasn't to standard so took some money. We couldn't be bothered to argue in the end. But would never use that company again for sale or rental due to it.

The viewing clause isn’t going against any “law” - they aren’t illegal.

There’s a difference between illegal and unenforceable.

Honestly OP, go to Shelter for advice, don’t waste your time wading through all the crap on here.

I’m a LL. My take is that neither side is likely to go to court unless there is a major problem so the law doesn’t apply because neither want to enforce it and it’s expensive.

However, I put a clause about access to do viewings into my contract and expect tenants to adhere to what they sign up to. As we are in a pandemic I’d expect to be more flexible and limit access, give a lot of notice and issue a full PPE policy.

If a tenant still refused to honour a contract, especially given the extra elements above regarding PPE etc, I’d be disappointed but would continue to follow my side of the contract as that is the right thing to do. This would include refusal of any future reference requests etc as I could not say the tenant had acted in accordance with our agreement. Most LLs do not want tenants who break promises in the same way tenants expect LLs to follow their side of the agreement.

For those asking, I have offered to do a video tour in lieu of not allowing physical visits. I just don’t want anyone in our home during these last few weeks here for the reasons previously given.

@84wood our LL has refused to do outstanding repairs before we leave (this is before we refused to have anyone round for viewings), so I guess we can do the reverse of what you suggest? As he is not adhering to the contract, then we can do the same?

I’m a LL. My take is that neither side is likely to go to court unless there is a major problem so the law doesn’t apply because neither want to enforce it and it’s expensive.

You think that the law only applies if people are likely to take it to court? Seriously?!!! Anyway, OP doesn't have to take anything to court it she wants to refuse permission for randoms to look around the place she is paying rent for. She can just refuse and there is nothing the landlord can do about it.

The ignorance of some landlords on here is absolutely astounding.

@Handsoffisback I am not being difficult, I am putting the needs of my family before those if the Landlord. I’ve offered to do a video tour ad a courtesy instead of physical viewings, which I think is a good compromise.