Rules for Landlords requesting access to a property

[Skeeter]

Another year, another thread about being shafted by Landlords.

Anyway...

My landlord has decided out of the blue that he might sell the house we are renting to a friends mother, and the letting agent (its a managed property) called up yesterday to say they would be round to view on Monday.

I'm not sure they can do this, but I'm struggling to find the specifics to go back to them with. What I have established is:

We are 5 months into a 12 months contract
After 4 months either party can provide 2 months notice to end the contract
Once notice has been given we must allow access to the property for the landlord or any letting or estate agents to show round prospective tenants or purchasers.

What I can't find is the rules around who we do and don't have to let through the door while we are within the contract without any notice being given. Theres nothing in the contract we have (an assured shorthold tennancy agreement) about it, so I'm guessing its buried within the Housing Act somewhere, but I have been unable to find it as yet.

I seem to recall from speaking with landlords I know and from previous contracts that we don't have to let the landlord or any prospective buyers in at all, unless its for an emergency. Any non emergency requests need to be in writing and with at least 24 hours notice, and we need to agree. Other than that the landlord needs a court order.

Does anyone have any experience of this who can point me in the right direction to the relevant legislation?

To be clear, we are not planning on being complete arses and squatting or barricading the door or anything. We simply want to ensure that if they want to show people around who want to buy it, that they serve us the correct notice first so we can make plans. At the very least it might spur a conversation between us that can come to some compromise. Basically letting them in on Monday could mean we get turfed out in 2 months, and I'm not going to do that unless I absolutely have to.

 

[Randomface74]

Sounds like you're better off working out where you're going to be living in a few months, start packing.

 

[Skeeter]

Thanks for your help...

I've done a bit more digging and I think that if the landlord has his head screwed on then he can get people in regardless. We have to allow access for inspection of the state of repair by the landlord, and they are allowed to bring a witnes to that visit. I assume that means he could get access for a repair visit and bring his mates mum along and we can do nothing about it.

I am still going to go back and deny access on Monday however as there has been no written request made, just to stick to the terms we have.

 

[Jono]

Why be a nob about it? I'm sure he'll find a whole bunch of reasons to deny you of your deposit if you make his life difficult getting in on Monday.

 

[Jono]

Incidentally, I seem to remember having something in a contract about 24 or 48 hours notice if they wanted access.

 

[Neil79]

If you are there and available, let him in. It's still his property and he's given you a good three days notice!

However going by your post it is looking likely that you may need to find somewhere else to live

 

[Castiel]

48 hours is the standard notice period for a Landlord to give for access to his property.

 

[Skeeter]

Why be a nob about being kicked out of a house? Moving is expensive, for one.

A landlord can request 24 hours notice, in writing, to access a property in order to view its current state of repair, or carry out repairs. They can't just request access to show someone round, that falls foul of the 'exclusive use' and 'quiet enjoyment' of the contract.

If he wants to put the house on the market, so be it. He serves us notice, we move out, and anyone who wants to wander in to view is allowed. But if I'm not contractually obliged too, I'm not going to let people in, simple as that.

 

[Voltar]

Another year, another thread about being shafted by Landlords.

Anyway...

My landlord has decided out of the blue that he might sell the house we are renting to a friends mother, and the letting agent (its a managed property) called up yesterday to say they would be round to view on Monday.

I'm not sure they can do this, but I'm struggling to find the specifics to go back to them with. What I have established is:

We are 5 months into a 12 months contract
After 4 months either party can provide 2 months notice to end the contract
Once notice has been given we must allow access to the property for the landlord or any letting or estate agents to show round prospective tenants or purchasers.

What I can't find is the rules around who we do and don't have to let through the door while we are within the contract without any notice being given. Theres nothing in the contract we have (an assured shorthold tennancy agreement) about it, so I'm guessing its buried within the Housing Act somewhere, but I have been unable to find it as yet.

I seem to recall from speaking with landlords I know and from previous contracts that we don't have to let the landlord or any prospective buyers in at all, unless its for an emergency. Any non emergency requests need to be in writing and with at least 24 hours notice, and we need to agree. Other than that the landlord needs a court order.

Does anyone have any experience of this who can point me in the right direction to the relevant legislation?

To be clear, we are not planning on being complete arses and squatting or barricading the door or anything. We simply want to ensure that if they want to show people around who want to buy it, that they serve us the correct notice first so we can make plans. At the very least it might spur a conversation between us that can come to some compromise. Basically letting them in on Monday could mean we get turfed out in 2 months, and I'm not going to do that unless I absolutely have to.

What does your lease say?

 

[Skeeter]

What does your lease say?

From what I can tell, normal Housing Act rules apply (i.e. written request for maintenance or inspection access), unless 2 months notice has been given, in which case we must let in prospective buyers or tenants.

Which is all fair.

 

[kayomani]

My contract contains a clause that he can show people around when my contract is coming to an end so before I move out. You could be a ass and request your 2 months notice in writing first but you probably shouldn't and I would think you have the same clause for showing people around as me.

You need to be in his good books for a reference and a better chance at getting your monies back. Get a bad landlord reference and your going to up **** creek even if its a misunderstanding trust me I know.

 

[Voltar]

From what I can tell, normal Housing Act rules apply (i.e. written request for maintenance or inspection access), unless 2 months notice has been given, in which case we must let in prospective buyers or tenants.

Which is all fair.

As in what do the clauses within your lease actually say? You're citing Housing Act but are you citing relevant parts and are you taking into account Landlord and Tenant provisions too?

 

[Skeeter]

We have a buffer between us and the landlord, with it being a managed property. We have zero involvement with him directly. I've never spoken to him, met him, or had any direct communication with him. It would be the letting agency showing the prospective buyer around on Monday, and the letting agency giving us a reference.

We have that same clause in our contract that within the final 28 days of the tenancy, or within the 2 months of notice if we leave early they can show people round. Thats fine, I've no problem with that. If they give us notice we will move out, and even keep the place tidy for him to show people around.

What I am not happy to do is basically open out doors to anyone who fancies coming in. We could have all manner of strangers coming into our home when we aren't there while the landlord twiddles his thumbs deciding if he wants to sell. And I'm not happy with that. If he wants to sell, then do it properly. Serve us notice, put it on the market or sell it to his mates mum, jobs done.

 

[Castiel]

Why be a nob about being kicked out of a house? Moving is expensive, for one.

A landlord can request 24 hours notice, in writing, to access a property in order to view its current state of repair, or carry out repairs. They can't just request access to show someone round, that falls foul of the 'exclusive use' and 'quiet enjoyment' of the contract.

If he wants to put the house on the market, so be it. He serves us notice, we move out, and anyone who wants to wander in to view is allowed. But if I'm not contractually obliged too, I'm not going to let people in, simple as that.

Except he simply has to give you reasonable notice of access for viewing the condition of the house and bring his friends mother with him....being obstinate will only make a potentially awkward situation worse....in any case, once he has given you two months notice (which he will sooner if you force his hand by refusing access) he can then request reasonable access to allow prospective buyers to view the property. It all rests on the definition of what is reasonable. It all depends on how much time you need to move, if you can move quickly or he acts unreasonably then refuse him, if you need more time then I would accede to any reasonable request for access.

 

[Skeeter]

As in what do the clauses within your lease actually say? You're citing Housing Act but are you citing relevant parts and are you taking into account Landlord and Tenant provisions too?

The clauses in my lease say very little. The only bit in there is about allowing access to prospective buyers or tenants within the notice period.

Everything else is implied by the document stating its written within the provisions of the Housing Act.

Theres nothing in the contract we have about right to access, 24 hours notice, emergency access or anything. Its actually, with hindsight, not a very good contract.

 

[Squid]

Skeeter don't be a nob or your just lose your deposit.
You have 2 months to pack up and find new place i would start now instead of wasting energy into this.
You rent this is what happen's you signed a lease that means he could sell it in 4 months in, Next time make sure 12 months is 12 months.

 

[Voltar]

We have a buffer between us and the landlord, with it being a managed property. We have zero involvement with him directly. I've never spoken to him, met him, or had any direct communication with him. It would be the letting agency showing the prospective buyer around on Monday, and the letting agency giving us a reference.

We have that same clause in our contract that within the final 28 days of the tenancy, or within the 2 months of notice if we leave early they can show people round. Thats fine, I've no problem with that. If they give us notice we will move out, and even keep the place tidy for him to show people around.

What I am not happy to do is basically open out doors to anyone who fancies coming in. We could have all manner of strangers coming into our home when we aren't there while the landlord twiddles his thumbs deciding if he wants to sell. And I'm not happy with that. If he wants to sell, then do it properly. Serve us notice, put it on the market or sell it to his mates mum, jobs done.

They can't just show up without giving you notice.

Nothing in there about the letting agency's rights?

 

[Skeeter]

It all rests on the definition of what is reasonable.

From what I can tell from the Housing Act, access in order to show prospective buyers round outside of any notice period is never considered reasonable. Which is supported by the fact its explicitly added in as a right to access the building when you are in a notice period (i.e. why would they add it in if you already had that right anyway?)

 

[Skeeter]

Skeeter don't be a nob or your just lose your deposit.
You have 2 months to pack up and find new place i would start now instead of wasting energy into this.
You rent this is what happen's you signed a lease that means he could sell it in 4 months in, Next time make sure 12 months is 12 months.

I'd like to see the Deposit Scheme claim where they attempt to withold the deposit "because the tenant was a nob".

A landlord can't just not pay your deposit back because he doesnt feel like it.

I'm also not just going to pack up and leave on the hunch the house might be sold.

They can't just show up without giving you notice.

Nothing in there about the letting agency's rights?

The letting agent acts on behalf of the landlord, therefore (I assume) inherits the same rights they have.

 

[Castiel]

From what I can tell from the Housing Act, access in order to show prospective buyers round outside of any notice period is never considered reasonable. Which is supported by the fact its explicitly added in as a right to access the building when you are in a notice period (i.e. why would they add it in if you already had that right anyway?)

That's not quite right...there is no actual law that defines what requests a landlord can make within the tenancy period, it does define the tenants rights to refuse with the exceptions noted, however that doesn't imply that a request is automatically unreasonable. It would only be automatically unreasonable if he done so without your consent or exerted pressure on you to accede to his requests.