URGENT: Does a tenant have to allow a survey?

[Pricklypear12]

I'm a tenant and my LL has sold the house. She had 20-25 viewings over a period of about 6 weeks which I agreed to and facilitated. I even helped the EA take photos for Rightmove etc.

She only told us she was selling the house straight after we had signed a contract for another 6 months at the property (ends 1st Sep). At the time we asked if we could leave the contract early if we find elsewhere to live and the answer was a "yes but I might change my mind". If she hadn't sold the house we would've stayed long term. We always got on fine with LL and paid on time and keep property clean and tidy etc.

Fast forward to now and LL is refusing to let us leave the contract early and insists on us paying full rent until the very end. I'm obviously annoyed by this as I've essentially facilitated her house sale and now I'm effectively being forced to stay or pay 2 lots of rent. I appreciate that we signed a contract so not much we can do.

Now her buyers are wanting to do a survey on the property. Am I allowed to say no? I've put up with so many viewings and I'm fed up by the LL unreasonable behaviour and wish to be left alone for the last couple of months of my tenancy. My contract states I must allow viewings in the last 2 months of my tenancy (that starts 1st July - 1st Sep) but doesn't mention surveys. I've been going around in circles trying to get legal advice about this. Please help!

I've attached a screenshot of the part of the contract that states allowing viewings in the last 2 months etc. I keep getting calls from the survey/valuation company who want to come and do the survey so any help is appreciated!

If it’s for a mortgage it’ll be required by the buyer and takes about 5 minutes. Are they giving you reasonable notice?

It’s not readable?

Sorry just realised how blurry it is. Attached again, hopefully legible.

Viewing clauses are unenforceable and not in effect anyway.

You can refuse to allow the surveyor in.

Your landlord has been a bait and switching arsehole so it'll serve him right if his sale falls through.

@FAQs I don't see why I should continue to facilitate the LLs sale any longer. Since she is forcing me to stay, I feel everything should therefore have to wait until we can leave. We have been extremely helpful and put up with 25 viewings during the covid period.

Tell the LL you'll facilitate the surveyor if she gives written permission for you to leave early.

Has your landlord actually served you notice? You know you don't have to leave at the end of the tenancy, right?

@Melitza I considered this but she's been quite unpleasant and I feel she won't budge and if I'm legally bound then I don't have a leg to stand on anyway iyswim. Her own lettings agent that work FOR HER have tried to get her to let us leave early or reduce the rent at least (they know we've been good tenants) and she is absolutely not budging.

@ViperAtTheGatesOfDawn got a notice, only after I enquired what on earth was going on as I saw the property was sold on RM. It ends on 22nd October. The problem is that we actually would like to move and settle elsewhere (I have a young child and am pregnant) but she won't let us! As I said, we are only moving because she has sold, wasn't our choice. Decent rentals here are few and far between and get snatched up in hours and LLs expect tenants to move straight in/start paying rent immediately so arranging a rental for the future is pretty much impossible

Anyway I can just about deal with that because we signed the contract so I haven't got a legal leg to stand on as such. I just don't want anyone else coming into the house now and disturbing me and I don't see why I should allow it. If I legally have to then I will but otherwise I'd like to decline if I have the right to do so

@Melitza

Tell the LL you'll facilitate the surveyor if she gives written permission for you to leave early.

good idea.

Check with Shelter, but I don't think you need to let them in. Like a PP said, this could be your bargaining chip to get out of your contract. Personally I wouldn't do any favours for the LL. If you can't get out of the rental agreement then don't return the keys etc until the very last day.

you have a right of peaceful living there. and the survey can take up tp 1 hr with looking every corner of the house.

read your ten. agreement carefully.

also, because of covid, are you allowed people at home?

you are pregnant and maybe needing isolating?

Well she's a greedy, unpleasant person.

I think then just find a place you like and accept you may have to pay a bit of extra rent if you can afford to.

This is quite interesting.

www.propertyinvestmentproject.co.uk/blog/my-tenant-wont-allow-me-into-the-property-for-viewings/

I've been trying to contact local council/housing to get advice but I keep getting passed around and everyone seems unsure. I asked the lettings agent who was also unsure and said she could ask their own solicitors but said they tend to always favour the LLs as that's who the agents work for so I might be better off getting advice from citizens advice. That's what I've been trying to do but keep getting passed around

[quote Melitza]Well she's a greedy, unpleasant person.

I think then just find a place you like and accept you may have to pay a bit of extra rent if you can afford to.

This is quite interesting.

www.propertyinvestmentproject.co.uk/blog/my-tenant-wont-allow-me-into-the-property-for-viewings/[/quote]
That article is worth a read.

As a practical matter, you can refuse access - they cannot let themselves in or force entry against your wishes while you are living there, no matter what the lease says.

However, if the lease does allow for access in these circumstances then this would put you in breach of contract. And it could either be argued that the survey was for 'the purposes of inspection' or that it falls within the next clause, where you must permit 'the premises to be viewed' ... 'by any person who is acting on behalf of ... a prospective purchaser'. The landlord could then theoretically claim for any losses they suffered as a result of your breach of contract. It's probably unlikely they would actually do this. However you will know better than us, is your landlord someone who may try to sue you if they lose their purchaser? Is it worth the risk of all the stress and hassle of this (even if you did end up winning the case) for the sake of allowing a half an hour survey?

you dont need to allow the survey, because of reasons above.

please dont stress yourself, you are pregnant.

Correct me if I'm wrong, but you signed an agreement until 22 October. So yes, you have to pay until then. It would be kind for your LL to release you from the contract early, but they're not legally obliged to. The info you sent says you have to allow viewings to facilitate the sale in the last 2 months of your tenancy, so it was good of you to allow them so early. I would imagine you'd be within your rights to delay the survey until 22 August. I'm not an expert. I get that your LL is being a bit difficult, but I'd personally rise above it -easier said than done.

@Pricklypear12

I've attached a screenshot of the part of the contract that states allowing viewings in the last 2 months etc. I keep getting calls from the survey/valuation company who want to come and do the survey so any help is appreciated!

How do they have your phone number???

@PurBal no we signed until 1st Sep. LL only just gave notice so that ends 22nd October. So we are contracted to pay until September but can technically stay til 22 Oct on a month by month basis. I have no idea why she did it like this especially as her house listing stated "tenanted until September"

Cavagirl the LLs estate agent (different to lettings agent) who is selling the house gave it to them! They had it as they used to contact me to arrange viewings. I always had to be in for all the viewings to let them in, then I'd have to stand outside with my toddler because of covid