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?

letting the viewings take place would be a way of acknowledging your appreciation of no rent increases for a substantial time. but it seems its your choice. let them, dont let them but dont get stirred up about it.

I've had to pop out to the shops, so I missed that - they're saying that you have to be out?

Ask the insurance question. I've had estate agents leave the house unlocked (luckily empty at the time) after a viewing, there's no way I'd be letting them conduct viewings in a house full of my things, with no insurance and no compensation.

They don't have a leg to stand on expecting you to vacate your own home for 2 hours on a weekend while you're preparing to move out. Totally unreasonable.

Edit: and they absolutely can't withold your deposit for this!

Anything they try to hold back, go to the TDS - I've used them from both sides, and they've always been fair. My one piece of advice is if you make an offer to settle, expect the TDS to take you up on it, so either offer to settle, or go to the TDS, don't bother with both.

If they do attempt entry without permission, this may well be seen as harassment.
I’ve copied a few pages from my Landlord and Tenant Law book.

Nope they don’t have a right to enter and you would be a fool to let them. I would make sure I was home and I wouldn’t be letting them in. I would also directly tell the viewers how difficult the landlord and agent are being. It’s not ok for them to barge their way in or demand entry. It’s your home until the keys are handed over at the end of the tenancy.
The landlord not having someone else lined up ready to move in immediately you leave IS NOT YOUR RESPONSIBILITY. At the very least they should be going in to do maintenance/ refreshing paintwork and making sure all is ready for the next tenant. It should be built into their business model. If it’s not - well that’s on them.
people seem to see renters as somehow second class citizens and not worthy of BASIC rights like the quiet enjoyment of their home. And yes it is the renters HOME until they move out.
So sick of scummy landlords and their shifty selfish and greedy behaviour.

It wouldn't matter even if that clause was in there. What is in a contract cannot override the law.

It's a myth that tenants have to accommodate viewings during the notice period if their contract says it does. In fact, the law says the tenant had the right of quiet enjoyment, which means they don't have to accommodate any viewings, regardless of what their contract says. Where there's a conflict between what the law says and what the contract says, the law wins. So any term about viewings isn't enforceable.

However most tenants, landlords and letting agents don't realise this. Or the landlords and tenants do know, but rely on their tenants not knowing

With regards to the deposit, I assume it is in a protected scheme? In which case they will not be able to make any deductions from your deposit without your agreement. If both parties can't agree then it goes to dispute resolution.

In your case I would be sending the letting agents a strong email (another one if you have already emailed them about this) stating the above, that you do not give permission for viewings this weekend and that other arrangements will be made when it is convenient for you. And that you intend to be at the property to meet with any prospective tenants, you do not give permission for any viewings to go ahead when you're out. So what if the place is a mess, you've got a dog/toddler/etc - they have to fit in with you.

I thought estate agents nowadays usually ask for tenants/owners to be out of the house when viewings take place. I know when my neighbours were selling their house (they were the owners and lived in it) the estate agent asked them to be out of the house when viewings took place. When I chatted to the new neighbours they hadn't met the old neighbours.

They absolutely cannot require you to be out for the viewings, if they take place at all! That's utterly mad. It's your home, it's all your possessions! Of course you can't just leave it unattended and hope that the viewers are trustworthy! But arguing this insanity is beside the point as the viewings should not happen until you have left.

I know that you can't exchange or complete until tenants have left, and I know very few people will start the process of buying a property with tenants still living there in case they don't leave...

You’re right, few people will consider a property where tenants are still there because they can be a complete pain in the arse. Only a few have any common decency.

Estate agents SELL properties on behalf of the owners. Letting agents LET properties to tenants on behalf of the landlord. Estate agents showing a property is a completely different proposition to letting agents showing around prospective tenants. It's in the interest of the seller to make the property as attractive as possible for viewings - this is not the case for tenants.

😆
it's nothing to do with decency. It's because the housing market is in crisis and tenants may not be able to vacate a property at the end of the fixed term/notice period.

The tenants are paying for a service (the house) - if you intend to interrupt their usage of that service, for your benefit, then you need to make it attractive to them.

If you take a taxi somewhere, and the driver says actually, we're just going to stop here and pick someone up because they'll be my next fair, and it's way more convenient for me to have you both in the cab at the same time, then you'd be completely within your rights to say no wouldn't you?

I wouldn’t be happy to be told to leave my house while strangers wandered around it…. You don’t have to agree to viewings at all, and personally, I wouldn’t. It is your home until you leave it. And you are paying rent to live there.

I would definitely kick back… email the estate agent so you have a paper trail…this weekend is not convenient for us and we won’t be able to leave the house for viewings to take place. They are breaking the law and they know it.

Is it possible to leave a key in the inside lock, so they can't unlock the door?
I'd be telling them that if they attempt to gain access I'll call the police - and then do exactly that. They have no right to enter without your permission.

And just like viewings aren’t the tenants problem, that isn’t the landlords either.

But it is. It's part of the business of being a landlord.

Personally, I'd tell them they can do viewings when I'm home, but I'm not going out or tidying up and we'll continue to live our lives around the viewings. So if they come in the evenings, they'll find me cooking dinner, the place a tip, laundry everywhere, my kids running about the place and asking them questions and toys all over the floor. If they come at bathtime, they'll have to wait outside until my children are in their pyjamas.

But I have quite a high embarrassment threshold and really couldn't give a shit.

Even if you do allow viewings, you don’t have to clean and you don’t have to leave. The potential renters can see the chaos and even hear factual information about what it is like to live there.

Someone trying to sell a property won’t be the landlord any more lol

Letting the tenants have quiet enjoyment of their home up to the end of their contract would be a way of acknowledging their appreciation of having their mortgage or profits being paid for by the tenant to them.

I am a landlord. Whilst most standard Tenancy Agreements state something about allowing viewings in the last x weeks or similar, it’s only by agreement. It can’t be enforced.
I normally prefer to have the property empty so I can properly assess any work needed.
The only time I have asked a tenant to allow viewings was one couple who split up and wanted to terminate their tenancy early, after just a few months. It was in their interest as the tenancy would have carried on if we hadn’t found new tenants.

FGS they do not have to allow access for viewings or anything, even with the mythical 24 hours’ notice. The only time the landlord or landlord’s agent can enter is in an emergency, and viewings are most definitely not emergencies.

The OP has said no, therefore the agent and/or landlord will be breaking the law.

Another landlord here. The agents don't have a leg to stand on. Tell them this weekend 'does not work for you' and you will not permit access - tell them you'll have the key in the lock so they can't get in and they will look a bit stupid. You do not have to give a reason or justify this. You can give an alternative time that would suit you before moving out, but you are not obliged to do that. You've had some good advice on here re your rights, don't be pushed around. As others have stated, this attitude may be more related the agents than the landlord.

Good luck with the move!

And in keeping with your other posts...that's not the tenants' issue either...

The LAW overrides whatever your contract with letting agent and landlord says! Your contract could say you have to allow viewings whenever they want but the LAW says you can lock your door and say NO NO viewings at all