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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask what is the law/ is there a law for this? Estate Agents

22 replies

Londoner90 · 30/10/2020 18:06

I have been renting a flat for a year and paying a lot of many for rent. There are some issues, maintenance problem that have not been solved since I moved in which was pretty much a year ago. The landlord is blaming this on COVID and trades being busy, however it is utter bullshit. There was no lockdown before March and the issues were known to them a good 5 months before lockdown/Covid.

Notice have been handed in as not taking it any longer.... EA has been calling to arrange viewings for next day, so less than 24 hrs notice. I thought they would have to give 24 notice for viewings. Is there a law for this or anything? I don’t want to be difficult about it, however they have been utter crap and I have been paying full rent for a year without any reduction for some very annoying issues they have not fixed... so I feel annoyed by them arranging viewings in short notice

OP posts:
Bedsheets4knickers · 30/10/2020 18:08

You don't have to allow any viewings whilst still In tenancy but if you do they have to give 24 hours .

BeachWishin · 30/10/2020 18:10

You are under no legal obligation to allow viewings no matter what bull they feed you about it being in the tenancy agreement.

SpongebobNoPants · 30/10/2020 18:12

You don’t have to allow viewings at all. They can request them but you can refuse as you have the right to quiet enjoyment of the property

Zilla1 · 30/10/2020 18:13

That sound frustrating, OP. You might want to ask for their approach to managing COVID risks. They might want to have performed a robust risk assessment and have plans in place. What tier are you in, if you are in England?

Di11y · 30/10/2020 18:13

You have the right to quiet enjoyment of the property. You can refuse all viewings if you want.

SheSaidNoFuckThat · 30/10/2020 18:13

I would tell them due to Covid you are not comfortable with people in and out of your home, works both ways

Confusedamonium · 30/10/2020 18:15

Say no to all the viewings. If they ask why then say that because the landlord has not fulfilled their obligations, you're hoping the property will be vacant after you leave so the landlord can fix the property. Also, if the estate agents have a key, make sure you're at home when the viewings are and put the chain across/block the door.

Londoner90 · 30/10/2020 18:15

Ah okay. I have heard the opposite elsewhere, apparently they can landlord/ EA can enter the property if they wish but out of curtesy they should ask... but confused now 😳 they just been so utter arghh... I have been paying £1500 per month just on rent and it’s really annoying that they didn’t fix some issues that honestly were very inconvenient in everyday life...

OP posts:
BeachWishin · 30/10/2020 18:18

Please don't be confused. You can refuse viewings and LL/EA can not legally enter the property without your permission (unless there is an emergency e.g. fix a gas leak).

Stantons · 30/10/2020 18:29

Let them do the viewing but tell the viewer why you are leaving and the problems you've had

Skysblue · 30/10/2020 18:38

Why do people think you can refuse viewings? I’d really like to know as I tried this (cos of genuine fear re pandemic) and was told that I was contractually obliged to have them. I even asked my MP and was told that the estate agent has to make viewings safe (sanitiser facemasks etc) but that I had to allow the viewings.

Londoner90 · 30/10/2020 18:41

I just emailed them back and told them they can view. The truth is I’m on the same shoes too and looking for a place. It’s not the persons fault who is viewing it so yeah...
Also I paid something like 5 weeks of deposit which I should have back but I don’t want to give them a reason not to give it back to me

OP posts:
ShellsAndSunrises · 30/10/2020 18:42

Why do people think you can refuse viewings?

Legally you can. Contractually you may have agreed to allow them, although you can retract that, it obviously makes it more complicated.

MPs don’t know a lot about law, generally.

The only legal right the landlord or their agent has to enter is in specific situations which could be dangerous, such as fixing a gas leak. There is no legal requirement for you to allow viewings, and you have the legal right to peaceful enjoyment of your own home.

lyralalala · 30/10/2020 18:47

@Skysblue

Why do people think you can refuse viewings? I’d really like to know as I tried this (cos of genuine fear re pandemic) and was told that I was contractually obliged to have them. I even asked my MP and was told that the estate agent has to make viewings safe (sanitiser facemasks etc) but that I had to allow the viewings.
Please ask your MP to speak to Shelter so that they don't give misinformation again.

Your LL can only enter with a court order if you refuse permission.

Things being in the tenancy agreement doesn't make them legally enforceable - I could put in it that my tenant has to make me dinner every Friday, but no court is going to enforce that.

Nosleeptilteenagers · 30/10/2020 18:50

24 hours but you can say no.

The landlord won’t be fixing the issues, just getting someone else in and they’ll have to got though the same. We rented a flat that had terrible damp from a bay window in the bedroom. Lots of my clothes (wardrobe closest to window) went mouldy and it was awful for my boyfriends asthma. The landlord kept saying he would sort it, eventually we gave up and left and someone was moving in as we went! He wasn’t going to sort it, just hope the next people didn’t moan. This was waaaaay pre covid so that wasn’t an excuse, we were just too polite to kick up a fuss. Like many people are and that good will was used to his advantage.

I’d tell the people moving in if I were you. It’s so frustrating that they can get away with it. Yes I know there are a lot of great landlords but ime a lot of them are only after as much money out of you as they can get and couldn’t give two shits about anything else.

Mummyoflittledragon · 30/10/2020 18:59

@Skysblue

Why do people think you can refuse viewings? I’d really like to know as I tried this (cos of genuine fear re pandemic) and was told that I was contractually obliged to have them. I even asked my MP and was told that the estate agent has to make viewings safe (sanitiser facemasks etc) but that I had to allow the viewings.
Lol. Your mp is an idiot. 😂😂

I’m a ll and I can absolutely assure you, op is under no legal obligation to allow viewings. As lyra says, entry with a court order only if you refuse and they’re not going to get one of them for the months notice you have to give.

Nikhedonia · 30/10/2020 19:05

I would be more than happy for them to do viewings when I was there are would be keen to point out all the issues I had raised with the landlord which he had not addressed during the year I had lived there.

jimmyhill · 30/10/2020 19:21

Also, whatever your contract might say, it cannot override the law. And the law says you don't have to allow viewings. So you don't. Ever.

GemmeFatale · 30/10/2020 20:24

I was a landlord until recently. You can say no. You have a legal right to quiet enjoyment of the property. You can’t be contracted out of a legal right.

As for the deposit it must be registered with a deposit scheme. If they try to retain it you are protected by that scheme.

Confusedamonium · 30/10/2020 21:02

Don't be made to feel guilty that it's "not the viewers fault" so you should allow viewings. Your landlord is scamming them - don't participate in it. Either refuse viewings or stay in while they do the viewing and tell every viewer about the flaws with the property. Please don't facilitate/support landlord and estate agents scamming people.

lastqueenofscotland · 30/10/2020 21:06

You can refuse viewings under both the landlord and tenant act and the harassment act. Regardless of what is in your tenancy agreement, contract never overrides statute.

Londoner90 · 31/10/2020 16:04

So the viewing happens earlier. They pitched up 15 minutes late... whatever. I was really short with them, didn’t want to get involved much... I didn’t say anything because 1) I had to ask them to take off shoes. I would think this is a given, especially that is was pissing it down here and some rooms have carpets. 2) the husband was wearing a mask as a chin bra... this fucking annoys me. Fine if someone is exempt but I absolutely disgusted by people who ‘wear masks’ but not properly... SO ANNOYING! Fucking pandemic is driving everyone nuts... you are told to wear the mask so fucking wear it properly...

Sorry this was a proper rant but I had to let it out...

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