Landlord selling our rented home - viewing rights?

[purplemunkey]

Our LL is selling the property we live in. We're not bitter, it happens. We have a fairly good relationship with LL. We have already sorted somewhere new and will be moving at the end of October.

As I understand it any viewings should take place on our terms as it is still our home for another 4 weeks. By this all I mean is that times should be checked with us and we need to give permission for access. I have read lots about this and this certainly seems to be the case but I can't find a straightforward article anywhere explaining this in neutral terms except this NI link: www.housingadviceni.org/advice-landlords/rights-entry

We have a 10m DD and I am currently on maternity leave, so home a lot. After receiving several text messages TELLING us that viewings were taking place here, then and whenever I emailed LL to let her know viewings were fine but between certain time slots as DD is still little and needs to nap twice a day. I also asked that we have 24hrs notice (not the 30 minutes notice she tried to spring on us at the weekend). She's replied saying that she'll bear it in mind but it depends on what requests come in. I don't think she realises this isn't how it works and WE are the only ones that can grant access to the house while still paying tenants.

I don't want it to get shitty but if it does does anyone have a decent reference link that I could use? Most of what you find on a search is angry blogs from either side (LL/tenants). I'd quite like a matter of fact explanation of everyone's rights, much like the NI link - I just need it to be clear it apples in England too!

you don't have to let anyone into your home if you don't want to.
it doesn't matter what your contract says. it's your statutory right.
only in an emergency (as in blue lights) or with a warrant someone can enter your home legally without your permission.

this seems balanced

Thanks Tarzan. I read that one but I'm looking for something I can send my LL if she's still not getting it and the title of that blog post coming from me would seem a bit confrontational I feel.

Luckily the actual agents seem alright and I gave them my number and viewing times guide which they seem to be sticking to. They are texting/calling to ask before they confirm which is more than LL was doing. So LL is out of the loop at the moment but I'm not sure if it'll stay that way and want to be ready with link ammo!

Hi OP. Have a look at Shelter's website and also gov.uk on tenant's rights.

The important legal concept - regardless of what the tenancy agreement might state, the law always overrides it - is the right to quiet enjoyment. I suggest you remind your LL of this (she is probably ignorant of it) and say you have been co-operative with her, but she's taking the Michael and unless she works with you, you will have to seriously consider refusing all viewings.

Unfortunately Tarzan isn't quite correct re: emergencies. It doesn't have to be a blue lights emergency - if there was a serious water leak, for example, the LL could enter in order to turn the water off and get it sorted out.

Exactly that wow, I think she's completely ignorant of it and genuinely thinks we're taking the piss by giving her time slots and asking for due notice.

wow that falls under blue lights as well imo. as it's a real emergency that could be attended by emergency services.

Any other words of wisdom or rental property experts out there?

Hi Tarzan - I get where you are coming from but we differ on the semantics.

OP - I would also complain to the agents that the LL is trying to arrange viewings at short notice and when it is just not convenient for you and ask them to speak with her. I would tell them and that if she continues to harass you over viewings you will not consent to any more taking place during your tenancy. Make it crystal clear that you do not consent to viewings without you being present. Make sure they know you know your rights.

Set out times when it is convenient for viewings - a period in the morning and in the afternoon, a couple of hours on Saturday when it suits you and you can be out.

You don't have to be super tidy and some of the tenanted places I looked round were truly disgusting i.e. underwear strewn across the floor.
How long do you reckon it takes for someone to have a look round the place? I can't remember but maybe 10-15 mins max? In which case agent could fit may be three viewings in a hour? How they do that is not your problem.

Law doesn't seem fabulously clear here and it seems silly die on this hill with your LL especially if helps you to have a reference in the future; the quicker it gets sold, then the fewer viewings you'll have to endure.

Simply point out your right to have quiet enjoyment, tell them when is absolutely not possible i.e. nap times and ask for 24 hours notice within those times. You've set out your boundaries and also shown courteous understanding of LLs position.

Thanks dun. That's exactly what I did which is where her 'bear it in mind but it depends on what requests come in' reply came from. I don't think she realises I wasn't asking but telling.

As I say agents are being good and as they are the ones organising the viewings, not LL, it all seems to be going ok now anyway. I'd assume agents are very aware of tenants rights and are acting accordingly.

If LL tried to organise anythign directly or complains about any viewings we've refused (only one so far as it was past DDs bedtime) I'll have to remind her of the peaceful enjoyment rights.

Ugh - just want to move out now!

Can you not reply something along the lines of "Thanks for saying you will bear it in mind but I really must be firm on this. Our DD is still very little and as such I am going to insist viewings are between x and x. I am sure you know that until the end of the tenancy access is legally at our discretion unless there is an emergency, and whilst we are happy to work with you we also need to carry on with our lives too."

Yes twirly, we plan to once she's completed our reference for the new place.

It would completely unfair (and illegal) if she did use this viewings thing against us but we don't want to jeopardize our new place. I like the wording you suggest, thank you.

You could always add in that you've had a good relationship, and you really want to ensure that she gets the best offer she can. By giving you the notice, and avoiding times when DD may be asleep/feeding, you are giving prospective purchasers the chance to see the place in it's best possible light.