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?

It doesn't matter if it is

Nope, she can

you just sound awkward to be honest ( I managed to redecorate on my own as a single parent whilst working full time and also had toddler twins so admittedly I don’t have a lot of patience or sympathy in these situations) You just get it done or at least work with the landlord/agent to suggest block viewings to minimise the impact - why leave on a sour note?

Are you being evicted? I can't understand why you wouldn't just allow it if you are going to be home - you don't need to make the place look like a palace you can say yes but please be aware there is mess as we prepare to move. Will you need a reference from the landlord? Good luck if they view you as being awkward.

Ha, bingo! I didn't think anyone would go for this obvious trap.

Repeat after me:
OP HAS EXACTLY THE SAME RIGHT TO THE USE OF THE HOUSE AS HOMEOWNERS DO TO THEIR HOUSE.

Otherwise what do you think the rent pays for?

it doesn't kill you to behave reasonably
OP is obeying the law of the land - how is that unreasonable?

why wouldn't you be cooperative?
Please could I come and look round your house this weekend? I fancy a trip out and a bit of a nosy.
If not, why not? Couldn't you just be cooperative?

The landlord entering with 24 hours notice is not the same as randoms coming in.
You are entitled to quiet enjoyment of your home.

Say no.

Wouldn't surprise me if it's just the estate agent using aggressive tactics as they are desperate to hit their targets (as opposed to the landlord being difficult). I think I would send a polite email to the agent saying this weekend doesn't work for you but you're happy for viewings to take place after that. From what PPs have said there's nothing they can do (and they know it) so they're just trying to intimidate you.

We are in a similar position to you - we also leave in Sept. We have no issue with viewings infact we just got the house and garden ready at our expense for his sales photos (he’s selling). but our landlord is being tricky and saying in writing he intends to enforce our contract (24hr notice) for viewings. We think he intends to message a time and just let himself in. He also wants us to do some home improvements at our expense - not damage we have caused! But that’s another story!

I have a disabled daughter who had several of her diagnoses after we moved ie after we signed the contract, so I looked into things re his ideas of 24hr notice and then enter:

• statuary law overrides whatever contract is signed.
• a landlord needs to give 24hrs notice in writing and suggest a convenient time (examples of convenient times are likely in your rental agreement re his inspections) …. but you do not have to agree. His only recourse is if he does this multiply times and you continue do refuse access … he can apply for the court for access.
• he also had to respect your disability - you have rights under the disability act. Say with my daughter mornings are tricky for her so we won’t be able to do 9ams … although I intend to be flexible and therefore allow evening viewings.
• you on the other hand are recommended to suggest alternative convenient times. I honestly can’t tell you if you have to do viewings or not as we always intended to allow viewings so I did not research this, I suspect you don’t have do.
• i do know though in the uk your deposit should be with a deposit holding company who - if you are in disagreement with your landlord - they decide how much you get back from your deposit. My understanding is viewings have nothing to do with deposits plus the landlord has to prove the tenant damaged something … the tenant does not have to prove they did not damaged something it’s assumed they did not. Innocent until proven guilty I guess!!
• i was told of the landlord or real estate agent enter without permission than it’s a criminal matter and roll to log it with local police ( which you can do online).

if I was you I would be ringing the principal of the real estate agent - stating this weekend is not convenient due to your disability, that you know that you have this right under statutory laws - and stop harassing you. Suggest an alternative convenient day / time. Tell them you know if they were to enter without permission you will be logging them as trespassing with the local police … and follow this all up in writing.

Thank you, I appreciate this. Frustrating I’m being called god knows what for trying to fight what I know is wrong?

I have never once been unreasonable to our LL. Bought them flowers on move in day to express our gratitude, not gone to the estate agents over repairs to make life easier for them etc but no sort of mutual respect is being shown.

The landlord is being unreasonable.

A decent landlord will want to see the place when you have moved out in case they need to do some maintenance between tenants. Painting for example.

Viewing can take place when your rental period is over.

I hope your landlord put your deposit into a recognised scheme? It's his problem if he didn't. It will work out better for you.

The point in doing those things is to get the deposit back. The landlord can't withhold the deposit just because they feel unconvinced. In fact they can't withhold it at all as it should be lodged with a deposit protection scheme which will not release or withhold the funds to/from either party without agreement and proof.

I don’t wish to leave it on a sour note having given we’ve had no issues in our years here. We’ve always asked permission, given them grace when it comes to costly repairs etc. I don’t think it’s right to be told it’s happening on X day whether you like it or not? I also appreciate single parents do it of course but considering they told my partner over the phone for me to sort everything whilst he works given the fact they know I’m disabled (partner cannot afford to care for me full time in respects of work) and the inconvenience it is causing, surely it would be better to have some mutual respect and agree together rather than be ordered?

You absolutely don’t have to permit viewings or allow the landlord entry for any purpose despite the ‘24 hour clause’ that is put in most tenancies. This is because it is in directl contravention of the Landlord and Tenant Act 1984. The act overrides any tenancy conditions.

Thank you so much! Sorry you’re in the same situation - it’s bloody stressful! Hope all goes smoothly for you :)

It isn't against the law because you agreed to allow viewings.

Our deposit is lodged with a scheme yes. I thought the same thing like there’s repairs the landlord needs to carry out so why are they ignoring it? Surely like you said they’d like to see an empty property view what needs to be done before putting in new tenants. I hope to god the new tenants aren’t a young family like ourselves if they want hot water when they need.

But it's wanting someone to make your life easier by making their own lives harder - that's quite a big ask from a business acquaintance. Why does it not go the other way and landlords make their tenants' lives easier by not trying to enter their home illegally when they've been explicitly told they aren't in a position to host viewings?

Sorry - quoted the wrong poster here - it should have been the poster this poster was quoting (which I can't see in edit mode 🤦).

I’ve never once agreed. I’ve put it in writing that I do not consent and it is not in our tenancy agreement. I’ve asked them to highlight the clause so maybe I’m missing something which is my fault if so!

I think the law and quiet enjoyment trumps anything written in a tenancy. It’s not as if you can be asked to leave as you are already!
The landlord is doing this so as not to have a void and thus saving money to your detriment. Perhaps you could ask for a cheaper final rent?

You're not being awkward. Repeat that you won't be letting them in. I didn't allow viewings. I got burned previously when in a previous property I had perfume nicked.

The landlord is not selling up!

No, we’re not being evicted. We’ve been here for quite some time so I appreciate the notice to leave would’ve been a big shock to them.

Thank you!

I'm interested to hear their response to what you've said here!

Maybe allow the viewings then and mention all of this… then they will get the hint to not have any more until you have gone. When they walk in say sorry for the mess, we did ask for the viewings at another time but we were told they would just let themselves in anyway, I’ve not cleaned up because we’ve had issues with the boiler and the landlord ignores our calls.