To not allow viewings during our tenancy?

[endcityspawner]

First off I’m gonna say I’ve ready previous threads, the housing act 1988 and done extensive research which says that they cannot go against common law. We’ve rang the estate agents and opposed to viewings this weekend mainly because it’s such a faff. We move out in less than a month, stuff is everywhere as you can imagine. We have an 18 month old toddler, dog, my partner works full time and I’m disabled. They have told us that they will be entering on the weekend because it’s in our contract we must permit viewings. Everything I’ve read says that’s absolute bollocks, yes the landlord can enter with 24hrs notice but that doesn’t extend to strangers coming into our home. It may be their house but it is still our home. They won’t budge on even when they’ll hold the viewings. Been told that because we’ve asked to either cancel this weekend our landlord is “really really not happy” and to expect a call. As far as I’m aware what they’re doing is illegal but what do I even do when they say they’re entering for viewings whether we like it or not?

Well, is it in your contract?

I think it has to be a mutually convenient time which means you can be obstructive but not flat out deny them access with adequate notice.

Exercise your right to ‘quiet enjoyment.’

If the tenant doesn’t want to allow access, whether it be for viewings, inspections or general maintenance, that’s their statutory right. The tenant has the right to possession and to the lawful use and enjoyment of the premises. Whether that’s reasonable or not is another issue altogether.
In this situation, I’ve noticed a bizarre trend, whereby many landlords and agents are under the impression that tenants mysteriously lose their statutory rights towards the end of the tenancy when it’s time for viewings. They don’t.
So what does that mean? Under Common Law, all tenants are entitled to live in “quiet enjoyment” until the tenancy is legally terminated, so only until then can you or anyone else can’t just waltz in and out of the property without permission.

What did you sign for when moving in?

This is what I thought completely. My partner works 12 hour shifts so this weekend is not convenient but they don’t care?!

I lived in rentals for many years and always did my utmost to present the flat beautifully for viewings. My thinking was that if the first person who came round agreed to have the place then there wouldn't be any more viewings!😅 It worked out for me. I know it's a faff and your life seems quite stressful - but if you've had a decent landlord and enjoyed your time there then a little bit of quid pro quo is reasonable.

Thank you so much, I thought this was the case! They came for an expection a couple of months ago we’ve never denied access before just not happy with the disruption and now saying they’re gonna come into the property regardless to instruct viewings. Apparently it is in our contract but I knew they can’t just break the law regardless of what they want to put in there.

I wouldn’t mind so much if it was a convenient time for us but it just isn’t. We’ve spent a ridiculous amount in B&Q because we’re desperate for our deposit back. I’ve painted high traffic areas and deep cleaned the bathroom so far but waiting for the partner to put fresh sealant on the bath. I’ve hired a window cleaner for the end of the month and hiring a carpet cleaner (not dirty but we have a dog so seems the right thing to do). When I say we’re genuinely working our arses off I mean it but I also solo parent a toddler for 13 hours at a time 4x a week so not only is the weekend fresh off a nightshift for my partner but I need his help because I can’t get anything done with an 18mo old undoing everything 😅Nothing to hide as I said we have yearly inspections and only had one a couple of months ago but don’t really want strangers coming to view it at present x

I'm a landlord (and I've been a renter many times). You don't have to allow viewings at all.

Personally I hate asking my tenants to allow viewings - especially when they're in the middle of packing up to move out anyway, and I'm likely to have to have a week or so between tenants to clean/re-decorate anyway, so people can just view then.

Nothing wrong with saying no. It's not an emergency, or for maintenance (which would also have to be at a mutually agreeable time)

Things you can do - be there, don't bother to tidy at all.
Go out (ask them if they are insured for breakages/theft that might happen while they are in your house unsupervised)
Some kind of accommodation - reduced rent, early release etc.

TBH though, if they're the kind of landlord that tries to force this (ie they're not even planning to have a void for maintenance) then they're going to be arseholes, and I'd see if I could double latch it.

Of course the very worst is when they don't warn the tenant, and they don't turn up, so the tenant ends up doing the agent's job unexpectedly. Happened to me more than once when looking for flats. Super bad all round

You sound like a complete twat tbh

An ahole for knowing my rights? That’s fine by me. I assume you know everything then, like the fact we’ve lived without an adequate boiler throughout the whole tenancy of which gas engineers have told us needs replacing. I left that for ages because we’ve never bothered our landlord over repairs and have done nothing but make their life easier. When I did ask for a working boiler for the benefit of a baby we got told it would be sorted then they went no contact. Being told they’re going to force entry for viewings against the law would piss anyone off but I assume not.

Did you offer alternative days/times that would suit you, for example during the week? If you're moving out in less than a month that doesn't give them much time to find a new tenant and go through all the checks etc. Appreciate you might not think that's your problem but it is a bit of quid pro quo as a pp said, if the landlord has been decent to date.

Finally some reason! You sound like a great landlord. Suppose I’ll just have to suck it up but I will put it in writing in an email that we don’t consent. There’s no maintenance work that I know of or no emergency it’s purely because they want someone in the second we leave which is unfair on potential first time renters considering we’re leaving the property due to issues here.

But OP doesn’t gain anything by allowing viewings.

The quid pro quo is that the landlord gets rental income, the OP gets use of the property. The quiet enjoyment is set out in law and can’t be signed away.

Landlords need to understand and plan for vacant periods as part of their business risk assessment.

I would’ve been happy to negotiate it even say a week later but they were very defensive and told us that viewings WILL take place this weekend 😵‍💫

Whether it’s in your contract or not, as a tenant you have a statutory right to quiet enjoyment.

What that means is you do not have to allow viewings.

Do you need a reference? Could your landlord scupper the move? Do you need your deposit back?
If yes, allow viewings.
If not do what you fancy.

Yes, we do need our deposit back but I didn’t believe they could withhold or deduct over not allowing viewings?

If tenants excercising their legal rights puts someone off renting their property then they are not fit to be a landlord.

You sound like a bit of an ahole, having a pop at people exercising their legal rights.

Hm...

If they force the issue, can you warn them you will be honest with the viewers?
Starting from reminding the agent in front of the viewers that you didn't agree with this viewing, no cleaning, and reminding the agent (in front of the viewers), that the boiler really needs replacing...

Only very factual reminders about the topics you logged in before that you of course expect them to fix before the next tenants move in

The quid pro quo is that the tenant pays the landlord money to live in the property, undisturbed, for the duration of the tenancy.

I’ve read the contract top to bottom and no where does it mention we must permit viewings so annoying they’ve lied and said it is.