Viewings and tenants rights

[sand99]

My rental agreement states that the letting agents have to give the usual 24h notice if they want to view the property, but that they can then enter the property without me being there with their pass key. It basically states that they have the right to enter as long as they give 24h notice and they say that I have to abide by this as I have signed the rental agreement. I have now given notive on the property, but am still living there for 2 months. They have send me a letter stating that they will start the viewings now and that they will notify me 24h in advance of a viewing, but that, should I not be in, they have the right to enter with their pass key. Although I am cooperative and will try to arrange viewings whenever possible, I don't want anyone coming in whilst I am not there. Can they do that because I signed the contract with that clause in? I also don't really want to have constant viewings now for the next 2 months. Any help would be appreciated. :o

[davidjohnbutton]

Simply inform the agents/landlord that they must not enter the property in your absence and that unless they withdraw their statement that they will do so, or if they do actually do enter the property when you are not there, you will change the lock or add a further lock to prevent their unauthorised access and you will then subsequently sue for trespass and/or harassment.

That should sort it. Send them that in writing recorded delivery, because if it comes to an argument and/or retention of bond etc. you will have to prove you notified them.

[dazalock]

What concerns do you have with the viewing whilst you are not there. The agents and landlord will want to arrange a tenancy as soon as possible with the minimum of viewings, it makes financial sense, and the quicker they find someone, the less viewing you will have to contend with. You can of course refuse as stated above, but I personally dont think you are being very co-operative in doing so.

[sand99]

Thank you both for your advice. I am being co-operative with them, I am happy for them to arrange viewings etc, I just don't want anyone to go around the house without me being there, I don't think that is asked too much. I was just wondering if they can do that since I signed that rental agreement.

[Paul_f]

David Button's comments are to be applauded and dazalock's disregarded.

As tenant the landlord's agent is actually in contravention of the Protection from Eviction Act 1977 and is in effect harrassing you. There is no way I would allow the agent to enter without your being there. Let's face it, if something goes missing after a show-round you can hold the agent fully responsible and there is no way they could wriggle out of it! You might like to remind them of that!

[lawstudent]

Methinks davidjohnbutton is offering dubious advice while dazalock makes a good point - cooperation often achieves better results and more happiness all round than a dogmatic "I know my rights" attitude :)

[oaktree]

While Paul F and Davidjohnbutton are technically correct it does always bother me when I hear tenants complain about access for viewings when they are not there. They must trust the agent or why rent from them in the first place?

In all my years of doing this I've yet to have an applicant come into my office and ask to look at a property on the proviso that the existing tenant is in at the time. Nobody cares whether the incumbent tenant is in when they are looking.

I've had applicants that have demanded, yes demanded, to view at all sorts of times during the day and weekend, sometimes with as little as 10 minutes notice, but once they become tenants will only let us in to view after 7.00pm on weekdays and not at all at weekends. :mad:

If we all followed the letter of every contract we'd all be out of business and forums like this would be redundant

[Jennifer_M]

it does always bother me when I hear tenants complain about access for viewings when they are not there. They must trust the agent or why rent from them in the first place?

A tenant has no way of knowing if an agent is trustworthy, a tenant doesn't even have any kind of contract with an agent, why should the tenant trust the agent just because he rented a property through him ?
And also trust doesn't prevent anything (how many people trust their cheating partners before they find out ?).


I've had applicants that have demanded, yes demanded, to view at all sorts of times during the day and weekend, sometimes with as little as 10 minutes notice, but once they become tenants will only let us in to view after 7.00pm on weekdays and not at all at weekends. :mad:

You have to make a difference between reasonable but concerned tenants and the ones who just don't want to help whatsoever.
The original post wasn't about not helping at all, but the tenant just wants to be present during viewing and would try to allow access whenever possible.
I for one can totally understand people who don't want strangers in their home without being present. If you want one good reason: a person I know is selling his home, he's given the agent some keys so they could come in when he was at work. Once his girlfriend was in when the agent came in shouting the alarm code to who wanted to hear it. Another time he came back from a weekend away to find all the lights on and the curtains open for all to see his home cinema system from the street.

And to be honest, who's to stop a viewer from "borrowing" that nice watch on the bedside table ? People can do it in shops with security cameras, why not in a house with an agent who can't look everywhere at once.

[davidjohnbutton]

Lawstudent - must you make adverse comments about EVERY bit of advice I have to offer?

The question was asked, in answering it I set out the legal position of what could be done by the tenant to prevent the agents entering the property WHILST THE TENANT IS NOT THERE.

If I was selling my house which I was at the time occupying - I would not like strangers walking around it while I am not there. If I am not occupying the house, then its different and personal things could be removed or safeguarded. Remember also that most insurance policies do not insure theft unless there is forced entry, so when something does go missing (even mislaid by the tenant), accusations are a very good way of destroying any agent/tenant relationships - and I personally would rather prevent that happening by being there whilst strangers come to view my house.

That apart - Suzy Lamplugh - Stephanie Slater - remember them? (both estate agents showing prospects around a house, kidnapped - first one never found, second one survived) there is protection for the agent in the occupier being present during a viewing!

Go on Lawstudent - make my day - rip my post to bits then!!!!!

[Andy Parker]

sand99 - A firm letter informing your agents that you will not agree to any viewings in your absence mentioning the Protection From Eviction Act 1977 might (should) be enough to deter your agent.

davidjohnbutton - Suzie Lamplugh,Stephanie Slater?You have some very bleak thoughts.

[davidjohnbutton]

and an excellent memory eh Andy?

[lawstudent]

Lawstudent - must you make adverse comments about EVERY bit of advice I have to offer?
Not at all, david, I think you make some very sound points. My only doubt was that your proposed response to the agent seemed a bit heavy:


Simply inform the agents/landlord that they must not enter the property in your absence and that unless they withdraw their statement that they will do so, or if they do actually do enter the property when you are not there, you will change the lock or add a further lock to prevent their unauthorised access and you will then subsequently sue for trespass and/or harassment.That should sort it.
Now, if instead of that the tenant made some of the excellent points you, Jennifer et al make here, I am sure the response would be better. Ultimately it's all a matter of saying things in a way that avoids unnecessary antagonism. Something along the lines of:

"I am sorry, but I am concerned that something might go missing, which would not be covered by insurance, or a door or window might be left open, so for everyone's protection I would like to be there. Please let me have your assurance that you will not arrange any viewings in my absence"

You can leave reading out the riot act, if it should be necessary, until later.

[Jennifer_M]

I agree with lawstudent here. Starting off agressively is unlikely to trigger a nice reply.
There's time afterwards to be "nastier" to the agent if he insists on not respecting the tenant's wish.

[davidjohnbutton]

On re-thinking - yes I agree - a softly-softly approach first and then reading of riot act after if that does not work.

[Shazah]

We had people come round with the agent to view. The whole family was there. On returning home we found a note from the agent to say they had had an accident - one of my vases had been broken while the kids were playing tag in the lounge. It can never be replaced as it was my deceased mother-in-law's and had a lot of sentimental value. There was mud traipsed all through our newly washed passage carpet. NEVER let the agent in without you being there as they couldn't give a hoot about your things.

:(

[attilathelandlord]

The deceased mother-in-law wasn't in the vase was she?

[Paul_f]

Shazah. Do you not realise the agent is responsible for the actions of the viewer if he did not warn them to keep their children under control at all times, and that as he was in effect "in charge" of them, and the agent might be liable under the Occupiers Liability Act 1957, or otherwise failing in his duty of care towards your property.

If you still have fragments or pieces of the vase see if you can get an indication of its likely value when intact, although I realise its sentimental value is not the same thing, but at least it will sharpen up these agents. Charge them for the valuation too!

AND - keep the agent's note, it's incriminating evidence!