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?

Agree with @PInkyStarfish

• whatever is in your contract does not matter, it's not possible to sign away statutory rights. You do not have to allow viewings, and they are breaking the law if they go ahead without permission

• not allowing viewings will have no bearing on getting your deposit back (provided its been protected in a scheme - which is a legal requirement)

I work for one of the landlord/agent accreditation schemes and deal with this stuff all the time. Good on you for knowing your rights - so many don't and end up with problems!

Ive tried to sell a house as an executor with tenants doing this. Just made an already awful family situation a lot worse. Just another reason for me to think tenants are generally a pain in the arse and I wouldn’t be a landlord ever. I have since sold two properties I could easily have rented out.. nope.

Don't let them in. Is there a way you can make sure that they can't get in?

I would be digging my heels in even further given the way they are handling it.

Why didn't you wait until they had left before marketing the property? You can't sell until they've left anyway, so you just stressed yourself and them out for no good reason.

The deposit bond scheme is around potential damage to the property. With lots of legislation around it.

Which was brought in because some asshole LLs would try to not give someone their deposit back because of e.g a stain.

It's got nothing to do with viewings or a tenants behaviour that a LL might see as 'difficult'.

Are you a LL? You seem to know very little about the law.

That is not the tenants’ problem. They can do all that when the tenant leaves. Or offer financial incentive to allow viewings.

Just email them reiterating you need
to reschedule and tell them you absolutely do not consent to them entering the property and will take legal action if they do.

If they still turn up make sure you answer the door in just your underwear or a t shirt covered in baked beans.

Must be shit when you've inherited a house and the people legally living there know their rights and you can't just turf them out at your convenience.

Tough times for you sad face.

They’ve told me that it is in the contract so we have to allow it (still can’t find it myself) and because the landlord didn’t increase rent during our time here we should repay the favour and allow access for viewings. I’ve asked for the logistics of viewing a house with stuff everywhere and whether a later date would be more sensible but I doubt they’ll agree.

@ThisSharpFoxI was the executor.. the beneficiaries were orphaned teenagers. Is that ok with you? Or are you applying your ‘tough shit’ attitude to everyone?

It doesn’t matter what is in the contract because Landlord & Tenant Act overrides this.

Because I was more concerned about the beneficiaries than the tenants

Stop trying to negotiate with them. Tell them it's a no, and cite the law.

www.landlordbuyers.com/blog/post/my-tenants-wont-allow-viewings-can-i-still-sell-property-fast

Still wasted your time and everyone else's. You can't sell until tenants have vacated.

You clearly don’t have a clue about selling property and the time it takes

It's not a 'tough shit attitude'.

It's a this is the law and tenants have rights attitude.

They may have rights, but why they would deliberately make things harder is beyond me. But that’s just me.

I'd change the locks and then change them back again when you move out.

You had chosen to rent out your home for a set tenancy period - during that time, the property becomes the tenant’s home and they have every right to privacy. Why would your financial interest in a quick sale outweigh their right to their home? Why should they endure all the pain for something that only benefits you?

Any landlord in this position needs to understand that the tenant has all the power, and act accordingly - e.g. offer a 25-50% discount on the final month’s rent in return for tenants putting up with the disruption of viewings.

Your message back to them is:
"The wording in the contract is irrelevant as unenforceable and in contravention of the law. The law is that we have the right to quiet enjoyment of our home. We so not consent to any viewings and will not cooperate with them. The law allows limited access to the landlord in specific circumstances which do not include allowing the landlord to bring strangers into our home. No such viewing this weekend or on any other day before the end of our tenancy will be permitted. We expect to nove out on (date) so no viewings should be arranged before then."

Also do anything you can to obstruct access (door chain/deadlock/door wedge or the kinds of tools that are marketed as safety locks for hotel rooms).

If they turn up anyway you need to clearly and calmly state to the viewers that this is an illegal invasion of your home that you have not consented to and that if they cross the threshold they are participating in an infringement of your legal rights so could they please rearrange their visit for in a few weeks time.

if you fail to stop them entering make sure you spend the entire time the viewers are in your home talking loudly on the phone (to someone make-believe if you don't have anyone real to assist you) dropping regular things about smells from the drains, nightmare neighbours, mould issues, dodgy electrics how untrustworthy the landlord is, and how delighted you'll be to leave this place because of how horrible it is to live there, just to make sure the viewings fail to impress.

Why should the tenants - already dealing with losing their home - accept the disruption caused by viewings, when only the landlord benefits? Landlords in this position need to accept that the tenant has all the power, and act accordingly - make it worth their while. E.g. offer a 25% discount on the final month’s rent in return for allowing viewings.

They cannot dictate that you leave the property during the viewings, and I certainly wouldn't be leaving strangers amongst my belongings.

If you are sure that legally you can refuse, then I would put it in writing AGAIN that you do not consent to these viewings and that they will not be given access. Then make sure you are home, and ensure the door is locked in whatever way prevents them from locking it, i.e. snib down/key in the lock/chain on etc.

I'm a Landlord, and I'd be mortified if this was happening.

It is still their home!

But they're not.

They're just not willing to make THEIR lives harder to suit a landlord.

That's the difference.

I’m a landlord and if tenants aren’t happy with viewings then I wait until they vacate to arrange them. Some gaps between contracts are part of the deal as a LL and can be used to do maintenance / redecoration. I have never had a tenant refuse though, probably because I have had good relations with all my tenants and fix all reported issues straight away, so there’s good will on all sides.
I spent much of my life as a tenant so I understand the right to quiet enjoyment is very important and viewings would only ever be suggested at mutually convenient times.