Moving out of rented accommodation and allowing viewings?

Peerzy · 23 Dec 2013 at 17:36

Afternoon all,

I'm currently buying a property which we expect to exchange on 02/01/2014 and complete and move in on 06/01/2014. We are currently in a lovely rented flat which had a clause (specified by myself) that either party could cancel providing 3 months notice was given.

We gave 3 months on 02/11/2013 so our final day would be 01/02/2014, however the landlord said she would grant us an early release (and effectively save us some rent money) if they could find a new tenant (done through the letter agency).

We agreed and throughout November and December the letting agent brought round a number of viewings, we did have issues with them like them leaving patio doors unlocked for example and generally not having a single clue about the flat.

Around the 15/12/2013 I had a phone call to say someone had taken the flat and would be moving in on 15/01/2014 - which was great for us as it would mean saving 2 weeks rent and still give us a week overlap with our new place.

Just emailed to find out more about the checking out and moving details and the deal has fallen through and nobody had told us, they will remarket the property in the new year and start with viewings again.

Now considering they won't remarket the flat until around 06/01/2014 and then if anybody takes it, it'll take a month or so for them to move in we will be out anyway.

What rights do I have to say that they can't do anymore viewings as I'm generally sick of the lettings agents, they've been useless and we've had tons of problems with them in the 2 years we've lived here.

It makes no sense for me to allow viewings as they'll just balls up again, cause us problems and as we are moving out in around a month now there is no chance of us saving any money.

TL : DR - Can I refuse the letter agent viewings completely if I've given my notice period on a rented flat.

Lysander · 23 Dec 2013 at 17:43

Generally not as far as I'm aware. Landlords hate void periods [untenanted flats] and the agent is working for the landlord. Also it would be breaching the lease.

If you really wanted you could point blank refuse. The worst that would happen would be the agents threatening the solicitors on you but the chances of them following through are minimal. Will balls up any future reference though.

Peerzy · 23 Dec 2013 at 17:46

Lysander said:
Generally not as far as I'm aware. Landlords hate void periods [untenanted flats] and the agent is working for the landlord. Also it would be breaching the lease.

If you really wanted you could point blank refuse. The worst that would happen would be the agents threatening the solicitors on you but the chances of them following through are minimal. Will balls up any future reference though.

The agent only has keys as we gave them a set a to allow for quicker viewings over the last few months. They only provide finding tenants and rent collection so any issues the landlord deals with. The landlord has been excellent and will basically replace or fix anything with a quick email and photo.

I was (maybe incorrectly) under the impression the landlord is allowed to come visit with 24 hours notice but the letting agent has no such rights.

I'm just sick of the agent and want nothing more to do with them.

Lysander · 23 Dec 2013 at 17:48

So the landlord manages. If the landlord is in agreement that the agents are crap, that will work in your favour. It doesn't mean ****e if the agent is against you, the landlord is the one to keep on your side. Any future reference will be from the landlord, not the agents.

Agent or landlord have to give notice as far as I am aware, but it will clarify in your lease. If I were you, I'd discuss it with the landlord. You will be going over the agent's heads, but in reality there is nothing they can do about this but whinge.

Peerzy · 23 Dec 2013 at 17:52

Lysander said:
So the landlord manages. If the landlord is in agreement that the agents are crap, that will work in your favour. It doesn't mean ****e if the agent is against you, the landlord is the one to keep on your side. Any future reference will be from the landlord, not the agents.

Agent or landlord have to give notice as far as I am aware, but it will clarify in your lease.

Landlord manages the property and has had her own issues with the agents (although nowhere near as bad as us).

We don't need a reference as we are buying so couldn't care less what the agents or landlord think of us. I've generally put up with the agents as the landlord is so nice and friendly but I'm sick to death of them now. Buying a house is stressful enough without having to deal with incompetent letting agents as well.

We've had viewings cancelled 3 hours after they were suppose to turn up after I've phoned up to find out what is going on (we'd stayed in to let them in).

redeye_uk · 23 Dec 2013 at 17:53

You don't have to let them have any viewings. The law states they can only gain access

a. when tenant agrees; and
b. under s.11(6) of the Landlord and Tenant Act 1985 [24hrs. written notice asking tenant for daytime access so landlord/agent can inspect installations which he is responsible for repairing].

The landlord/agent certainly cannot force entry just to show the property to prospective purchasers or tenants. This is not only trespass (civil wrong) but also harassment (criminal offence).

Peerzy · 23 Dec 2013 at 17:59

redeye_uk said:
You don't have to let them have any viewings. The law states they can only gain access

The landlord/agent certainly cannot force entry just to show the property to prospective purchasers or tenants. This is not only trespass (civil wrong) but also harassment (criminal offence).

See that's what I thought was correct, however just just reading my agreement and I can see the following;

During the last two months of the tenancy to permit the Landlord or the Landlords agent to enter and view the property with prospective tenants or purchasers in the daytime and upon reasonable prior notice.

Nitefly · 23 Dec 2013 at 18:01

redeye_uk said:
You don't have to let them have any viewings. The law states they can only gain access

The landlord/agent certainly cannot force entry just to show the property to prospective purchasers or tenants. This is not only trespass (civil wrong) but also harassment (criminal offence).

That's half the story - if your tenancy agreement says that you have to permit viewings, then that is what you have agreed. It's a contractual issue. You could refuse the viewings, but then you would be in breach of your tenancy agreement. It's even possible this would forfeit your lease, but in reality nobody would enforce that right.

redeye_uk · 23 Dec 2013 at 18:05

During the last two months of the tenancy to permit the Landlord or the Landlords agent to enter and view the property with prospective tenants or purchasers in the daytime and upon reasonable prior notice.

I doubt thats worth the paper its written on.

You are entitled to quiet and peaceful enjoyment of the property above all else. I'd have thought that trumps that clause.

redeye_uk · 23 Dec 2013 at 18:13

The reality is there is no point being an arse about it though. Tell them you'll allow viewings one night a week from 6-7 and on Saturdays from 10-2 provided they have given you at least 24 hours notice.

Absolutely no viewings if you arent at the property as it 'invalidates you contents insurance'

Peerzy · 23 Dec 2013 at 18:15

redeye_uk said:
The reality is there is no point being an arse about it though. Tell them you'll allow viewings one night a week from 6-7 and on Saturdays from 10-2 provided they have given you at least 24 hours notice.

Absolutely no viewings if you arent at the property as it 'invalidates you contents insurance'

I think this is going to be the best option, they do after all hold our deposit.

I'm writing an email now explaining how ****ed I am, I won't allow viewings without one of us being in and times will be restricted.

Skeeter · 23 Dec 2013 at 18:18

I had a thread about access to a rented place a while ago, and beware there is a lot of missinformation out there.

When in a contract the landlord only has rights to access to maintain the stuff he/she is responsible for. But once you give notice they are also allowed access for viewings. Its something stated in the Housing Act that your tennancy will be governed by, rather than just a clause in your contract.

So bottom line, as you are in the notice period the landlord or a representative (agent) has a right to access for viewing, but as with all access they are subject to it being at your convinience and with a request in writing with at least 24 hours notice. Of course there is the ambiguity of what is considered 'reasonable', but at the end of the day you cannot refuse access, you lost that right when you served notice.

Skeeter · 23 Dec 2013 at 18:20

Peerzy said:
I think this is going to be the best option, they do after all hold our deposit.

I'm writing an email now explaining how ****ed I am, I won't allow viewings without one of us being in and times will be restricted.

They do not hold your deposit, so don't be afriad of that.

You have to let them in, but you should rightfully be very specific about how and when they can get access.

Peerzy · 23 Dec 2013 at 18:20

Just sent the following and copied in the landlord who I'm sure has no idea what's going on;

Estate Agent Name,

When did the deal fall through and could you please let us know when someone was planning on informing us had I not chased earlier today?

This causes massive problems for us moving and we are not in any way satisfied with how [Estate Agent] has handled anything over the last few months. It's been a very frustrating process and I don't feel comfortable allowing viewings when we are not in as the patio doors were left unlocked overnight during a viewing which is completely unacceptable.

We also had 3 viewings not turn up and cancelled without anybody letting us know (meaning we would waste time waiting in for viewings that didn't even exist) and a number of other issues which I've had to constantly bring to [Estate Agent] attention.

We were informed (nearly 3 weeks ago) that our tenancy would be ending on 15/01/2014 and thus we have made plans and financial decisions based on this.

Many thanks

I think 24 hours written notice and only when we are in the property is fair game considering the balls ups.

Skeeter · 23 Dec 2013 at 18:23

Do you have an agreement in writing from anyone saying your tennancy would end on the 15th?

Peerzy · 23 Dec 2013 at 18:24

Skeeter said:
Do you have an agreement in writing from anyone saying your tennancy would end on the 15th?

No, when they phoned to tell me about the 15th I asked and they said they wouldn't need to send anything.

Skeeter · 23 Dec 2013 at 18:30

Peerzy said:
No, when they phoned to tell me about the 15th I asked and they said they wouldn't need to send anything.

The agent? They sound like a bunch of fools. You would need a written agreement to amend a contracts terms.

Unfortunately it sounds like you are tied to the original leaving date, and you do have to let them in to view. But the agent don't hold your deposit so don't be afriad to make them jump through the hoops.

Peerzy · 23 Dec 2013 at 18:32

Skeeter said:
The agent? They sound like a bunch of fools. You would need a written agreement to amend a contracts terms.

Unfortunately it sounds like you are tied to the original leaving date, and you do have to let them in to view. But the agent don't hold your deposit so don't be afriad to make them jump through the hoops.

Yeah, it's effectively going to 'cost' us 2 weeks of rent so around £500 which isn't ideal. It's 50% the money and 50% the utter ball ache of dealing with them at all.

Skeeter · 23 Dec 2013 at 18:44

You know what they say, letting agents only exist to make estate agents look competent!

(Also works the other way round for threads about estate agents,

)

Moving out of rented accommodation and allowing viewings?

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