Can EA carry out viewings without my consent?

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Lived in our property for 7 years, found out in November that the landlord is selling. Came as a shock but we started looking for somewhere to go.

We're in the process of buying a small place so will be out of there as soon as possible but we have no dates yet so haven't given notice, nor have we been served notice.

I'm clearing stuff out and packing ready to downsize. The Estate agent selling the property arranged a viewing for Sunday afternoon. It wasn't convenient so told them this.

They are now saying that we're obstructing the marketing of the property and that as they hold keys, they will enter the property regardless to show around potential buyers.

I'm really not happy about this. I have ME and arranging a move is exhausting, especially when I'm having to get rid of so much stuff. I have to sleep during the day at some point and i can't relax at all worrying that they may just walk in.

I understand that they can enter a property after giving advance notice of 24/48 hours? I'm not being difficult, I want to get out of there as quickly as I can now.

I said that there would be no problems with viewings when we have some dates regarding our own purchase and have given our months' notice to vacate but apparently this is no good, they say they will show people around whether I'm there or not.

Any advice please on what they can do by law? Having to move when we weren't expecting it is stressful enough without feeling intimidated by the Estate agent.

Is the estate agent selling the house the same as the agent you rent through?

We had this sort of thing when the house we rented was up for sale when we still lived there. Because I’m a sap we accommodated it all (including making it tidy each time) but this was partly because we thought it might help us to get out of our contract sooner if it sold. It’s still for sale...2.5 years on.

It was always the estate agent who did the showing round and as I work from home I was always there.

I’d suggest saying they can do the showing round and going out - you’ve explained it’s not convenient so they’ll have to expect it won’t be tidy.

It did make me very stressed though.

@TwoPointFourKidsAndADog, seriously? I asked for advice on an Estate agent gaining entry without my permission and you feel the need to infer that I'm not enlightened enough to realise how much a new boiler costs or how companies work with their upselling techniques? " You'll soon learn when you're paying for it yourself "

I've owned property in the past. I'm fully aware of the cost of running and maintaining a home. I don't care about the boiler here, I was giving an example to show how our tenancy had been, agent contact rather than landlord directly.

If you have an axe to grind with tenants who don't grovel their appreciation to you, do it elsewhere eh.

Thank you to the landlords who have given me advice on what an Estate agent can and cannot legally do in my situation.

This is what I hate about renting. It is so stressful having that pressure from the estate agent and I feel your pain. This is your home! I hate strange people traipsing round my home and don’t want to have to tidy up for them but equally hate to have people in a messy house!

What I would say is, you have to remember you are still paying to live there!!! It’s not up to you to facilitate their sale. They can do viewings after you’ve moved out, that would probably be better for the prospective buyers as well.

I say this, but having just been in a similar situation, we did allow viewings (to relet not for sale). It WAS stressful and a strange bloke decided to pick up my cat . I told him I wouldn’t be responsible for any scratches or lost eyes. Who does that??!!! You don’t just go into someone’s house and pick up their cat. Anyway..... it’s Let now so we don’t have to worry anymore but I should have just told them we wouldn’t consent to viewings.

Yes, it's very stressful. Just had a call from the Estate agent saying that there is a viewing tomorrow afternoon. We said, no, that's not suitable. They said that they're 'within their rights to arrange viewings with 24 hours notice to access the property' and that they would be sending us a letter to this affect and put the phone down.

I was going to explain that I could offer an alternative day to Saturday but didn't have chance so I think they were on the attack before they called.

I'm going to Screwfix to get a new lock as I really don't trust the Estate agent to not just walk in.

The same chain of agents is selling it @MirandaWest but they don't seem to know what's going on with the lettings side and vice versa.

If I'd chosen to leave the property and had already secured somewhere to move to rather than finding out via 'we're coming to take photos to put your home on the market' phone call, things would be different but as it stands, right now I'm scrabbling around trying to get contacts exchanged on an 'it will have to do' tiny property, get rid of furniture and personal effects that won't fit in said tiny place whilst still juggling ill health and looking after a grieving elderly parent.

I don't have the energy or brain power to ask'how high' when a pushy, intimidating Estate agent rings.

the agents are NOT within their rights, you can refuse any access. The LANDLORD may be able to enforce access by taking you to court - they are unlikely to do this as you are leaving anyway and certainly will never get it done before you go.

as I've advised before, if you can't cope in person WRITE or send an email saying 'no access'.

Thanks @mencken. Hopefully we can give notice soon and be out of here ASAP. For now, there is a new lock on the door for my own peace of mind which will obviously be changed back when we leave. I would have let them do as many viewings as they wanted to soon but the Estate agent's have shot themselves in the foot now.

Once again, I was responding to what you'd written. You just seemed to give the impression that it was unreasonable to repair rather than do what BG wanted, which was to replace a boiler.

Anyway, question in point at hand:

https://www.propertyinvestmentproject.co.uk/blog/my-tenant-has-changed-the-door-locks-can-he-do-that/

I think you have a legal obligation to prove LL with a key to their property in case of flood/fire/gas leak etc.

Quiet enjoyment is a law but the terms of it are set out in the lease.

So if the lease says 'the landlord will come round every Wednesday to take a poop in the toilet and use one of your toilet rolls' and you sign it, you are agreeing that this action will not disturb your quiet enjoyment. If you find that it does, you can ask for the lease to be amended or refuse to sign the next one.

If the lease states that 24-48 hours notice can be given for viewings, this is not something you can say will disturb your quiet enjoyment because the lease was signed, wasn't asked to be amended and this is something you agreed wouldn't affect your quiet enjoyment. If they tried to give you 23 hours notice then yes, that would affect it and you can act on that because the lease said 24-48 hours.

So the right to quiet enjoyment is not being broken here. However, there's naff all they can do if you say no because they'd have to get a court order to enter. It just means you can't say they are being unlawful for asking/pushing to do what is stated in the lease. Almost every document on private renting suggests the landlord/agency should back down if a tenant does not want to grant access even if it is written in the lease about access and they are following it. All they can do is say the lease terms were broken and terminate it but it's coming to an end anyway so what does it matter? Just suggest some dates that work for you and absolutely say no to showing anyone around because your landlord is paying the agency fee's for them to do that

I am not sure it is legal to add a new lock.

A winning way to not have further EA viewings is to make the house unappealing to viewings. A clothes horse full of undies and bras (all your undies and bras ) drying in the living room, the ironing board open with an iron on it and the ironing basket next to it blocking access to the bedroom, a good amount of a lavender air freshener, say half a bottle, in the bathroom you would need a mask to enter, a pot on the stove with a cauliflower which has been boiling for the past two hours to give that lovely sulphuric smell, turn the heating to boiling hot, leave the packing boxes where they are, buy new ones to throw all the clutter around which you will sort at some point, hoover your floors but leave hoover in the middle of the hall, and so on.

Works a wonder to make EA flee and not come back. The house is not dirty, nor untidy, but you are living in it, and the clothes hanger, ironing board, cooking and cleaning are normal activities.

A winning way to not have further EA viewings is to make the house unappealing to viewings
I disagree with this 100%. I’ve been shown around some really disgusting properties. Like actual filth lining the walls and ceilings, groups of people laying about sleeping in the bedrooms and living rooms. These things did not put the estate agent off trying to show us around or cheerfully telling us that they had three more viewings after us.

The agents have said that they can and will enter the property after telling us that they will, giving the impression that they don't need our permission.

I feel very uneasy about this so have changed the lock.

We said originally that viewings would be fine when we have at least exchanged contracts. The agent hung up yesterday before we could restate this or tell them that hopefully we will have this information next week.

I am aware that nothing can proceed with the sale of this house until we have vacated and the two times they have said they're arranging viewings for were not convenient. I don't want people walking around my home when I am not here or without my permission.

The lock will be changed back when we vacate. The house is, and always has been, clean and well looked after as proven by our 6 monthly checks by the letting agent. Minor repairs we have carried out ourselves as to us, this has been our home.

We have to leave and want to leave whether the property is sold or not as uncertainty is difficult to live with. Should they wish to serve a sec21 or even a sec8 for securing the property then so be it. It would take more time and money than if they'd agree to wait to carry out viewings until we have a date.

Only greedy landlords will try to sell a property which still has a tenant. They should wait until it is empty. (I am a landlord).

Well done, Op, for changing the locks!