To block estate agent over viewings

[OneAmberHedgehog]

I gave my notice in for my private rental property and agreed to viewings when asked by my landlord providing I have notice and am available. Fast forward 2 months Ive stayed in 3 Saturdays and a few different mornings for landlords viewings and they have had had no interest in the property to date. Im now due to move in 4 days and am extremely busy and stressed due to moving day being so close and still have lots to do and only 3 days to do it in. I received a message today from the estate agent asking if I could do viewings Friday or Saturday and I said no sorry im moving those days so its not possible and then he replied asking for tomorrow or Thursday and I said no sorry im at my other property those days as im having carpets fitted and waiting in for white goods to be delivered. He then sent me a message in a really angry tone saying how he had given me enough notice and I need to just let the landlord have access as it really needs to be rented out ASAP. I previously said I don't feel comfortable having people viewing in my absence so feel like they are being really unfair considering tenancy is ending on Monday and they cant just wait the remaining 4 days to do the viewings when ive left and its all empty. I ended up blocking him because im so stressed and overwhelmed with everything.

Block them! You don't legally have to allow viewings at all. Estate agents will always do things for their own convenience, they don't care about you.

You're fine, politely decline. Read up on your legal rights and use them.

Well, contractually you do have to allow viewings but at this stage, they won't sue you or take action to resolve, because you're leaving soon anyway.

You're currently well within your rights to invoke "peaceful / quiet enjoyment of your home".

You made yourself available on multiple occasions and their scheduled viewings didn't take place (assuming they were actually scheduled and then just didn't turn up - not that you kept days free on the off-chance).

You don't have to be available 24/7. And you're quite right: they can and must leave you in peace in the run up to your move.

Don't tell them when you're not home. They will just walk in because some letting agents can be scummy Fs who break the law (breaking and entering). If they don't have permission to be there then they cannot enter but so many of them believe they have the right to ignore your consent because the contract says you must agree with 24 hours' notice. It is well established that a tenancy contract doesn't override the law on your right to say no to entry. They'd need a court order to enter without your consent.

Stick to your guns. Email them so you have it in writing that they are not to enter your home without your consent and that you are declining requests because of your right to peaceful enjoyment of your home. Remind them they cannot enter and consider recording devices so you can take legal action for compensation if they do.

You made yourself available on multiple occasions and their scheduled viewings didn't take place

Where are you getting this bit from? Viewers just haven't been interested. OP gave no indication that they didn't show up.

Why do people just make stuff up? Or have such trouble following simple information?

The OP has no legal obligation to allow viewings.

There is no contractual obligation for tenants to allow viewings. Also what do you mean the viewers didn’t turn up? Are you reading the OP, they didn’t turn up but weren’t interested.

Keep the pushy agent blocked OP. Cheeky fecker will probably try to turn up with viewers in person.

They really will push boundaries given half a chance. Wish it was like the American system where realtors have to be trained and licensed.

You do not have to allow viewings, your tenancy contract affords you a legal right to quiet enjoyment of the property.

All the best for your new home. Hope the move goes smoothly 🙂

OP doesn’t have a contractual obligation to allow viewings. The contract doesn’t trump OP’s rights under law.

OP, just say no, you can’t and leave it there. Ignore calls and focus on getting your stuff done.

I have just done this move and it's so stressful - especially the endless cleaning. And then the worry you won't get deposit back. I am also a landlord. Our rule is no viewings until after the tenant has moved out. Otherwise you can't really tell what needs doing and can't patch the house up between. Yes it means we have to find the money for the mortgage and any upgrades. Tough shit. That's the responsibility for being a landlord.
On the other hand I have just had an estate agent need me to come back post tenancy and open a door for her, because it was too stiff and she didn't know how to use a universal roller key. Hmmm.
Lots of good luck for the move. X

Yanbu at all. You have been way more accommodating than you need to be and have every right to refuse all viewings. They've had many opportunities that you were able to facilitate and its not your fault they weren't successful. They can have further opportunities after you have left. In the meantime your landlord would be breaking the tenancy agreement if they force a viewing without your permission which you have no obligation to grant.

@Awkwardisfunny

You do not have to allow viewings no matter what your contract says. This is the law! The letting agents know this and are trying it on.

@OneAmberHedgehog Just tell them no and that there will be no more viewings until you have left the property due to their attitude.

Where did I get it from? It was this bit -

"Fast forward 2 months Ive stayed in 3 Saturdays and a few different mornings for landlords viewings and they have had had no interest in the property to date."

I interpreted "they" as "the landlord" so they had no interest in either viewings or applications following viewings. It didn't specifically say viewings took place, just that she stayed in. That is ambiguous to be fair and that's why I said it wasn't clear if people were booked but didn't turn up. Or did she hold that time in case someone booked in.

No need to accuse people of making things up. Sometimes things are ambiguous.

I am quite astounded by how many people don't understand UK contract law. No, there isn't a law that you have to allow viewings. But contract law exists. If you breach your contract, you become liable for losses.

That's why the advice I gave included how to argue against being contractually obligated to permit further viewings and how to argue no responsibility for any losses (entitled to peaceful enjoyment).

Please don't encourage people to breach their contracts without adequate protection from legal action.

OP - read your contract as none of us actually know what it says and just keep in mind your right to peaceful enjoyment after you had so many disruptions already, plus moving and needing privacy and space for this. Personally, having experienced many vindictive and petty letting agencies over past decades, I would get it in writing so you have peace of mind regarding your deposit.

The LAW overrides the contract!!! Law says you are entitled to a peaceful existence and don’t need to let anyone in or do any viewings

Just reply, 'As stated, I am not available for viewings on those dates' and leave it at that.

The law says you can refuse i.e. no one can just walk in to your home. Even the police need a warrant. Ignore reasonable threat to life.

But don't ignore contract law. If you breach your contract, you can face financial consequences e.g. if they lose a prospective tenant and it takes much longer to rent the place out.

So yes, you can say no, and yes: the agency can sue you for breach of contract. Both are possible.

In this case: I don't feel the agency would have an argument as it sounds like the OP complied as is now exercising her right to peaceful enjoyment of her home.

No. It doesn’t matter what the contract says. The right of peaceful enjoyment trumps the contract so there are no consequences for not allowing any viewings.

Please don’t post about things you don’t know about.

Yeah, I have only had to read up on my tenancy rights countless times over decades, sue one agency and take various entities to court for contract breaches. What would I know.

Maybe don't make assumptions about people.

Contract law is real. Please stop encouraging people to breach their contracts without checking the potential consequences.

Yes, contract law is real.

And contract law provides that unlawful or unfair contract terms cannot be breached or enforced as they’re not binding in the first place.

A term in the tenancy requiring you to allow prospective tenant viewings is unlawful. Therefore, it is not binding and there are no consequences for breaching it.

So I’m not encouraging anyone to breach a contract when there are consequences for doing so. Whereas you seem to think that just because something is in a contract, you’re bound. That’s where you’re wrong. Feel free to look it up.