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How soon before tenancy ends can landlords/agent start viewings?

36 replies

Sarahjsxx · 09/02/2024 17:57

Hello,
So we have had a terrible renting experience with our landlords (and agents wouldn't help) lots of things broken & had to get environmental health to step in. Anyway, our tenancy ends mid April, we would have been giving notice mid March. We just received an email yesterday from the agent to say the landlords do not want to continue the tenancy and will give notice next week. Does this mean they can suddenly start viewings 2 months prior to us leaving? I understood it was 1 month, are we able to contest this?
Thanks for any advice

OP posts:
SameSameButDeliverance · 09/02/2024 18:07

There’s no legal right for them (or their agents) to enter the property until you leave. You don’t have to agree to viewings if you don’t want to (I did and was unaware that I didn’t have to. The EA was a pushy dick and had I known the law, I’d have refused. LL didn’t protect deposit either, nor provide any gas etc certificates but hey ho… we live and learn and they were decent otherwise!).

That said, I would allow if it were no skin off my nose / needed the reference. Wouldn’t if neither of the above applied…

Sarahjsxx · 10/02/2024 09:50

SameSameButDeliverance · 09/02/2024 18:07

There’s no legal right for them (or their agents) to enter the property until you leave. You don’t have to agree to viewings if you don’t want to (I did and was unaware that I didn’t have to. The EA was a pushy dick and had I known the law, I’d have refused. LL didn’t protect deposit either, nor provide any gas etc certificates but hey ho… we live and learn and they were decent otherwise!).

That said, I would allow if it were no skin off my nose / needed the reference. Wouldn’t if neither of the above applied…

Edited

Thank you for your reply! So did you not need a reference?

The only issue is we may possibly do but 90% sure we can use our previous landlord for a reference, my husband thinks our current landlord would give us a bad reference, are they able to do that even if we have paid rent on time etc?

It would be ideal if we could get away without any viewings. We had issues with the boiler (still ongoing) and they had electricians and plumbers turning up anytime of the day without saying they are coming, so we're exhausted with people coming in

OP posts:
Newusername7 · 10/02/2024 09:52

Check your contract, mine says when they’re allowed to start viewings.

Sarahjsxx · 10/02/2024 10:16

I've just checked the contract and it does state that we have to permit viewings during the last 2 months of the tenancy, is this true?

OP posts:
Dodgygeezer · 10/02/2024 10:18

If you signed the contract that is what you agreed to allow

caringcarer · 10/02/2024 10:36

Whereas a tenant can give 1 month's notice to end tenancy a LL has to give the tenants 2 months notice. That is the law. You need to check your individual contract to see what you signed in your agreement on viewings. If you signed to agree 2 months of viewing you should stick to that. You will need a reference if you want to rent again with someone else. References generally state the dates you rented from a LL. It will be obvious you have used an old reference from previous LL. References must be factual eg X & Y rented X address from date A to date B 2024. Rent was due on 1st of each month and all 6 payments were paid by date due. Tenant left property in acceptable condition and handed back keys on X date. Tenants received full deposit back paid in full on X date. This sort of thing. I'm a LL and I always give a factual reference that I could prove in a court to be truthful if challenged. What you can do is speak with LL and arrange possibly 2-3 hours each month when visits from prospective new tenants can take place. If you think it will be difficult you could arrange to be out shopping for a couple of hours whilst visits take place. There is a shortage of rentals on the market so it's likely to go very quickly. I put a 3 bedroom terraced house with a back yard on market 2 months ago with my agent. Within 48 hours there had been 26 viewings request and agent took prospective new tenants around in small groups of 3. The next day after first 2 group viewings a request came in to rent. Viewings were paused whilst tenant was vetted. Tenant passed credit checked and paid deposit within 3 days. So only 2 x 15 minutes viewings needed.

Newusername7 · 10/02/2024 10:36

Yes, if it’s in your contract then that’s what you need to do. That’s no help for now, but you could try to negotiate it to e.g. 1 month when you sign the contract for your next tenancy. But I think 2 months is quite standard for most bigger letting agencies, my contract also says 2 months.

LittleOwl153 · 10/02/2024 10:41

Just to counter the above... as folks clearly DON'T know the law.

You are entitled to quiet enjoyment of your home. You do not have to permit ANYONE to enter except in an emergency - gas/water leak etc. Landlord must give reasonable notice of wanting any access - but you can refuse all but emergency. This also applies to viewings. Your contract does not override the law here and therefore what it says about viewings is irrelevant.

Sorry I cannot help on the reference side.

mondaytosunday · 10/02/2024 10:49

No @Newusername7 it doesn't matter what the lease says - it doesn't trump the law. I'm a landlord and while he/she and the agent can say what they like a tenant has no obligation to allow viewings.
OP take photos of the flat before you leave.

Sarahjsxx · 10/02/2024 11:13

Thanks all for the advice. We are in process of looking for new rental property, if this current landlord gave us a landlord is it literally to state rent was paid on time?
The relationship with our landlords is not good, when we moved in we emailed a list of issues with the property (hole in bathroom wall, mould, lots of other things) it took 7 months for them to repair after getting environmental health involved. We also tried to move out of the propert in November after finding a new one, the landlords agreed to let us move out, they had 10 viewings and no one was interested so took it off the market (I don't think anyone will be in a rush to move in here to be honest)
Also had issues with the boiler, the landlords had plumbers and electricians just turn up at the door without giving a date or time. A joiner came to quote a repair and also just turned up
What I'm wondering is if we refused viewings would it affect us getting our deposit back?

OP posts:
jay55 · 10/02/2024 11:44

Your deposit should be in a scheme and not allowing viewings is not a reason to deduct.
The scheme should stop anything like that happening

Sarahjsxx · 10/02/2024 12:06

Thank you!

OP posts:
Flopsythebunny · 10/02/2024 12:38

You do not have to allow any viewings.
A tenancy contract does not trump statutory law. You are paying for quiet enjoyment of the property

slowdaysloegin · 10/02/2024 13:14

LittleOwl153 · 10/02/2024 10:41

Just to counter the above... as folks clearly DON'T know the law.

You are entitled to quiet enjoyment of your home. You do not have to permit ANYONE to enter except in an emergency - gas/water leak etc. Landlord must give reasonable notice of wanting any access - but you can refuse all but emergency. This also applies to viewings. Your contract does not override the law here and therefore what it says about viewings is irrelevant.

Sorry I cannot help on the reference side.

That's correct. A landlord can stipulate that you sacrifice a lamb every month to them in the contract. Doesn't mean you have to. Contracts in the UK do not supersede UK laws.

Now breaking a contact clause like viewings can give them grounds to begin the eviction process but so what? You're already IN the eviction process?

slowdaysloegin · 10/02/2024 13:22

And just for future reference, they also don't need a key to your home. They can get access in an emergency by contacting the tenant or using a locksmith. If they have reasonable cause and make an effort to contact the tenant which gets ignored or refused then they can claim back the costs. If they have no reasonable cause (no emergency) and do it without trying to contact the tenant then they're footing the locksmith costs.

I change locks in every tenancy beginning and put them back upon leaving. A lesson I learned after an ex tenant's junkie friend walked into my friend's house one night. Then there was the time I found the LL's representative (a neighbour with a key) had been letting themselves in my house snooping and messing with stuff when they saw me go out.

Mrsredlipstick · 10/02/2024 13:36

I think the estate agents are at fault here. They always want to start viewings so there isn't a void. We rented for 14 years and had numerous viewings forced on us including during covid.
You are right to say no if it doesn't suit or give them one day each month. If it's got mould he is in serious trouble. I nearly died due to the mould in one rental. The bastard lived aboard and environmental health couldn't catch him. He's still got my deposit!

Londonnight · 10/02/2024 13:38

Contact Shelter for advice. Tenancy law overrides whatever your contract says. You do not have to allow viewings no matter what the letting agent or landlord say.
They must issue you a section 21 to start the eviction process.

Sarahjsxx · 10/02/2024 13:52

Okay thanks again for the replies. My husband seems to think it will cause more issues by refusing viewings ie they will just turn up or start arguing with us which we don't have time for

OP posts:
Sunflower8848 · 10/02/2024 13:54

There’s nothing to stop you being present during the viewings and letting the prospective tenants know the unfiltered truth! I’m sure the viewings would be put on hold till you vacate 😆

Sarahjsxx · 10/02/2024 14:24

Sunflower8848 · 10/02/2024 13:54

There’s nothing to stop you being present during the viewings and letting the prospective tenants know the unfiltered truth! I’m sure the viewings would be put on hold till you vacate 😆

Edited

Haha yes this was my idea! However I was planning on putting post it notes around the property instead 😃

OP posts:
Reugny · 10/02/2024 14:37

If you allow viewings but at specific times someone may take it and that will be the end of it.

hellesbells · 10/02/2024 15:03

Newusername7 · 10/02/2024 09:52

Check your contract, mine says when they’re allowed to start viewings.

Your contract doesn't override the law the landlord has no right to do viewing if you don't want them

Sarahjsxx · 10/02/2024 17:46

We received a letter today with this inside - (well not even a letter just this) it won't let me post a photo

NOTICE REQUIRING POSSESSION OF A PROPERTY IN ENGLAND LET ON AN ASSURED SHORTHOLD TENANCY
FORM NO. 6A
Housing Act 1988 section 21(1) and (4) (as amended)
INFORMATION FOR THE TENANT
This notice tells you that your landlord requires possession of your home.
You should read it carefully and seek advice about your circumstances as quickly as possible.
You are entitled to at least two months' notice before being required to give up possession of your home. In some circumstances a longer notice period may be required.
If you do not leave your home by the date given in section 2, your landlord may apply to the court for an order under Section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession.

Is this actually an eviction notice? If our contract ends in 2 months why wouldn't they just say they don't wish to renew the contract?

OP posts:
Eightfour · 10/02/2024 17:50

If you do allow viewings don’t forget to leave big signs on things such as the boiler saying things like - Warning do not touch - DANGEROUS. God I hate shit landlords, parasites.

Sarahjsxx · 10/02/2024 18:06

Eightfour · 10/02/2024 17:50

If you do allow viewings don’t forget to leave big signs on things such as the boiler saying things like - Warning do not touch - DANGEROUS. God I hate shit landlords, parasites.

Good idea 😂 same here

OP posts: