Being harrassed by landlord and agents - please help

[Stressedout1009]

Hi, I am really stressed out and anxious. We are in our notice period with an extreme bully of a landlord and fortunately we signed an agreement with a break clause. There has been a host of problems but we have finally given notice. The landlord has refused to give us a reference for our new rental and we were able to work around that.
The issue is the amount of agents he has handed over to who are harassing us with viewing requests. We have been very accommodating for the first month, however they have now become extremely frustrating. He has now handed it over to a new batch of agents who want to do videos and photographs. What are our rights wrt this? Do we have to allow it, and if so do they get to move and position our stuff around for the videos.
Im really at the end of it here, the agents are calling our work lines, phoning constantly and so aggressive. Yesterday, one wanted to know exactly what my reason is for not allowing a same day viewing and telling me to leave the key somewhere for him to come through on his own! Please help, I am in such a stressful situation.

You’re entitled to quiet enjoyment and absolutely do not have to speak to agents let alone allow viewings. It doesn’t matter what your tenancy agreement says.
He’s already refused to give you a reference so there is nothing he can threaten you with now. Clearly tell the next agent to contact you that it’s harassment and if they speak to you again you’ll call the police. And follow through with it!
Be assertive. Be rude if you have to.

No they cannot come and move your things around, or do viewings without your permission. They can only enter your property for emergency repairs. They are harrassing you. Keep a log of the calls and texts, do not leave a key for them, call Shelter for advice and maybe 101 if they dont stop. How much longer have you got till you leave.

As PP said, you're not obliged to allow viewings. Change the locks if necessary. The worst the landlord could do would be to terminate the tenancy agreement and withhold/give bad reference. You've beat him to the former and he's already doing the latter.

Any kind of threats, or forced entry, or entering without your permission, get straight onto the police and threaten landlord/agency with legal action.

@ComDummings

You’re entitled to quiet enjoyment and absolutely do not have to speak to agents let alone allow viewings. It doesn’t matter what your tenancy agreement says. He’s already refused to give you a reference so there is nothing he can threaten you with now. Clearly tell the next agent to contact you that it’s harassment and if they speak to you again you’ll call the police. And follow through with it! Be assertive. Be rude if you have to.

100% agree with this

Yesterday, one wanted to know exactly what my reason is for not allowing a same day viewing

On this, your answer is quite simple "Because I said so."

Are you in the UK?

If so you have a legal right to “quiet enjoyment” of your home.

You do not have to give the landlord, the agent or potential tenants access to your home for the purposes of letting or selling. Obviously if you were on better terms with them that might be something to consider, but you aren’t on good terms so gloves are off.

Make sure when you leave that you leave the place in a decent condition, take multiple clear photos / videos. Keep any documentation such as an inventory . If you don’t have an inventory given to you and signed by you by the agent or landlord that means they have no means of proof , not that you have to prove anything about the property when you moved in.

Who gave them your number? Under gdpr I don't think the landlord should be giving your details out without permission and I would tell all agencies that

As pp's said you have a 24/7 legal right to "quiet enjoyment" of the property. Legally they have to give 24 hrs notice of any inspection visits or viewings: & you can insist on being there, or, you can refuse. And they categorically can't touch or move your possessions.

Thank you all for replying. I looked through my rental agreement and it does have a clause for re letting the property where they state that they will be entitled to take photos. This is why I am unclear what my rights are. I haven't yet signed my new tenancy agreement but have passed reference checks. I am so stressed, we had a leaking toilet which was unusable for a month and I had to privately pay 120 to have it fixed because I have 2 children who need to use it. This horrible man has ignored all requests for sorting this out.

If we refuse these photography and videos can he withhold our deposit as we would be breaching the agreement?
Theres alot of information about 'quiet enjoyment' but im struggling to find anything clear wrt your notice period.

Contacts cannot override law so ignore whatever they feel like putting in it.

They have no right to enter the property without either your permission, an emergency such as water escape etc where they cannot get hold of you or a court order.

Tell them to piss off. Consider a cheap wifi camera or something that will send alarms incase they try their luck while you are out.

@Stressedout1009

Thank you all for replying. I looked through my rental agreement and it does have a clause for re letting the property where they state that they will be entitled to take photos. This is why I am unclear what my rights are. I haven't yet signed my new tenancy agreement but have passed reference checks. I am so stressed, we had a leaking toilet which was unusable for a month and I had to privately pay 120 to have it fixed because I have 2 children who need to use it. This horrible man has ignored all requests for sorting this out.

That clause is unenforceable. You do not have to give anyone access to the property.

Your notice period is no different to any other part of your tenancy. Untill midnight on the day you leave it’s yours you paid for it.

@Stressedout1009

If we refuse these photography and videos can he withhold our deposit as we would be breaching the agreement? Theres alot of information about 'quiet enjoyment' but im struggling to find anything clear wrt your notice period.

No he cant. the clause isnt legally enfoceable, and it would be unlawful of him to retain the deposit for that reason.

Why not get in contact with Shelter?
england.shelter.org.uk/get_help

You do not have to allow any viewings whatsoever. Whilst it might state you have to in your contract, your right to quiet enjoyment trumps that. You are perfectly within your legal right to refuse any and all viewings and the agents have absolutely no grounds on which to force you. You can state this to them clearly in an email, then you should ignore any further threats or harassment.

It sounds like the landlord could be trouble when you leave, so make sure you clean thoroughly, even if it wasn’t clean when you moved in. Photograph and video everything when you vacate the property, and I mean absolutely everything, top of the fridge Andd cupboards, top edges of the doors and door frames, light fittings, curtain poles everything, they can be absolute fuckers for finding petty little excuses to deduct your deposit. Make sure you date and time stamp the photos and videos. Challenge any unfair deductions to your deposit and take it to dispute if you have to. Don’t be bullied. It can be really stressful but the deposit schemes are very fair and if you give them evidence they won’t let the landlord get away with anything. Do your research, take all your pictures and videos and don’t be intimidated.

@Stressedout1009

Thank you all for replying. I looked through my rental agreement and it does have a clause for re letting the property where they state that they will be entitled to take photos. This is why I am unclear what my rights are. I haven't yet signed my new tenancy agreement but have passed reference checks. I am so stressed, we had a leaking toilet which was unusable for a month and I had to privately pay 120 to have it fixed because I have 2 children who need to use it. This horrible man has ignored all requests for sorting this out.

I'm by no means an expert on this, but I believe that if something is in a contract, but is not the law, then it can't be enforced - this blurb about being entitled to take photo's is not the law, therefore it can be ignored. The landlord cannot legally withhold your deposit on the basis of this.

You deposit should also be protected so he stands no hope at telling the despair agency his entitled to keep some of it because you wouldn’t let him take photos of the property.

Deposit agency.

100% if a term is in a contract but contradicts or is harsher than the law then it can't be enforced.

By saying they are entitled to come in for viewings when they like it overrules 'quiet enjoyment' which would be an unlawful term so it doesn't matter if you signed it, the bottom line is you are not allowed to sign your legal rights away - it has no legal standing.

So I'd just reply once to them all saying please do not contact me again, this is harassment and then block them all!

I have tried calling Citizens Advice and held on for so long. Anyone else I could try? Thank you all. We were bullied into agreeing to these videos scheduled for Friday, as I wasn't sure we were allowed to refuse. We have it in written record asking for an inventory check in which they haven't provided, they were meant to do some repairs which were not done till date which is also in the contract. I am just worried as after investigating this landlord, we have found out that he is a violent man and a very wealthy one at that.

What does your contract say about viewings?

If it doesn't say anything, just refuse.

If your contract says you will allow viewings, your statutory (set in law) right to quiet enjoyment trumps that so you can still refuse viewings but, in theory, you might be liable for the landlord's losses if it delays the property being let.

If you are going to allow some viewings that doesn't give the landlord and agents the right to do viewings whenever they want.

You can set out reasonable rules eg

They have already taken photos and video, you don't have to allow them to take more. Presumably they also have the photos from when you moved in.

If you allow photos, they cannot move your belongings. You could also refuse to allow them to photograph your belongings.

Tell them they can only contact you by email to arrange viewings and you require at least 24 hours notice for access, as required by law. You can also set times/days when you are available for viewings, a limit on the number of days per week that they can come. ie they can't have a viewing every day for 7 days but they can have 7 viewings on 2 dates in the same week.

If you want to be there, specify that you will not allow viewings when you are not there.

It doesn't matter what's in the contract, they legally have no right to demand this from you. Tell them no and don't feel you have to explain yourself. I did this when I was renting and they had to suck it up.

I'm a landlord

The have to give you 24hrs notice of viewings

Is you deposit with TDS? Scheme
Much easier to get your money back
Provide requests of repairs via email!
Or keep all correspondence
Take photos of the house the day you leave
Keep receipts of end of tenancy cleaning
And any repairs you paid for

Tell them that you are sure they are aware of the law then quote it to them and tell them they will have to wait until you have gone.