Guidance

[Ashparo12]

Hello,

I just want clarity on where I stand in this situation.

Have given notice on flat to leave. End date is 31 May although will be paying the month and leaving on May 2. Giving the LL lots of time prior to exit date to do repairs etc. Have had a couple viewings thus far and have been away the last week and did not respond to viewing request. Like many really don't like the idea of viewings overall and would appreciate if LL would do them in the last month where he is getting an entire months rent with a vacant property.

Problem now is we have received an email today from letting agent stating that from the one viewing for which we did not respond to giving access on the weekend that "I really don't want a situation where you reject access then the landlord faces a loss of income, because ultimately this will fall to YOU to pay for any lost rent that the landlord faces due to lack of access."

My question is how on earth does one occasion of not replying to a viewing request warrant this (I was abroad at the time anyway) and the landlord even if I did not decide to allow viewings for the remainder of this month he would have one entire month of viewings with a vacant home while we are still paying the rent!

What I would also like confirmed is if this is true? - Can the landlord legally force me to pay for any lost rent due to lack of access if we do not allow viewings for the next 3 weeks but WILL BE handing over the keys still 1 month in advance of our ended agreement date and paying for that month even though we are not there!

Please I would appreciate legal view points rather than opinions so that I can know where I stand.

I have never heard of a landlord being able to charge a tenant loss of rent because viewings were not allowed during a window of time.

Thank you

Easy answer no. Any viewings would be down to good will .

You need to check your tenancy agreement, there could well be a clause that states that "the tenant will allow viewings during the last month of the tenancy..."

You can still refuse viewings but this clause will allow the landlord to go to court for breach of tenancy and loss of income as they can state that if they had been allowed to give viewings during the last month, they could have let it earlier and suffer no loss of income.

As you are allowing viewings during the last month of the tenancy then they wont be able to use that!

If your tenancy states that you will allow viewings during the last 2 months (or longer etc) the landlord could still potentially go to court for breach but it would be for a judge to decide whether this was actually an unfair term and therefore not enforceable.

They have an empty house for almost a month in May and you've allowed some viewings.

Legally the landlord and agent have no right to access except via bailiffs or if there's an emergency eg house on fire.
You don't have to let them in during the tenancy, and you can change the locks and don't have to give keys back until the end of the tenancy, not when you move out.
There may be clauses saying all sorts but most of them won't be enforceable.
They are just hoping you will make their life easier.