Moving out - Viewings

BYTEr

BYTEr

BYTEr

Associate
Joined
2 Oct 2004
Posts
1,048
Hi all,

Me and my wife are moving into our new home soon and therefore have given notice on our current accommodation.

We have been contacted by a lettings agent about viewings, now what I want to know is the law/tenants’ rights concerning these. Our landlord has been awful, taking over a month to fix a faulty boiler, refusing to fix anything that isn’t deemed an emergency, not getting an annual gas safety check etc, so what I’m saying is, the viewings in no way benefit me, so ideally I don’t want any, but what exactly are my rights?

The lettings agent is already getting appointments for times like 12:30 during the day, well I’m at work and there is no way I’m letting strangers into our home.

Any help would be appreciated.

Thanks.
 
I think you don't have much choice as long as they give over 24hrs notice.

I'm not sure whether you can refuse really. Have you still got your contract?
 
Azza said:
It'll be in your tenancy agreement and it isn't, your 'our home'.
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Our initial tenancy agreement expired after 6 months, and until the 15th November it is our home, if I have no choice but to accept viewings, then I will be making sure to let them know what the landlord is like and all the issues with the house that the landlord refuses to fix.
 
I presume that your agreement had details of what happens when it moves onto a rolling contract as it is now.

What does it say in that original agreement about viewings?
 
BYTEr said:
Our initial tenancy agreement expired after 6 months, and until the 15th November it is our home, if I have no choice but to accept viewings, then I will be making sure to let them know what the landlord is like and all the issues with the house that the landlord refuses to fix.
Click to expand...

If it's moved onto a monthly rolling contract then the terms of the original agreement still apply. As it's been done through a lettings agency I imagine there will be a clause about viewings and access in your contract as it's fairly standard. You'll need to check it out.

Would you even get chance to speak to any prospective tenants as they'll be shown around by the agent.
 
Just tell you them want to be present for any viewings. Make it awkward but not impossible.

I thought the annual gas safety check was part of the legal requirements for letting.
 
Azza said:
If it's moved onto a monthly rolling contract then the terms of the original agreement still apply. As it's been done through a lettings agency I imagine there will be a clause about viewings and access in your contract as it's fairly standard. You'll need to check it out.

Would you even get chance to speak to any prospective tenants as they'll be shown around by the agent.
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Hi Azza, I will check my contract when I get home, it might sound like I'm being awkward about this, but trust me, the landlord doesn't deserve any cooperation from us.

At the moment, the agents don't have a key, they've asked for one, but there's no chance in hell I'm giving them one, and I 100% want to be present.
 
You have to be reasonable and so do they.
Your rights to access do not change because you are moving out.

We had this some years ago, the lettings agent actually told us to take the following approach. (The house was being sold, so the lettings agent had nothing to lose)

Tell them when you are happy to have viewings. Eg Monday-Weds evenings 7-10. Say that thats the only time that will suit so you expect them to arrange viewings for that time. Confirm you do not give them permission to arrange anything outside those times. Most are incompetent, someone says i would like to view x property then wants to do it immediately so they dont lose it, if the agent was clear that no one else will be visiting in the mean time the pressure would stop.

They may well make a fuss, but whilst the have the right to arrange viewings they do not have carte blanch to do this at any time.

Was funny because after my conversation with the selling estate agent the first call was completely against what I had told them. When they said the time I said nope, "but I have already agreed the time with the prospective purchaser", well my response was you better ring them back and say you messed up.

24 hours applies to access to make repairs only, not 24 hours for anything they feel like.

Did a google about and this is a lawyer response from an article, I still suggest you give them something reasonable. Whats convenient for them may not be for you. They need to fit round you not the other way round. As long as your reasonable they will be on shaky ground, Make sure you specifically tell them you do not under any circumstances give permission for anyone to access unless its an emergency.

"I fully appreciate as landlords you all want to get in and do viewings to re-let the property as soon as possible, you run a business after all.
But you cannot enter your tenants property without their permission, nor can you force a tenant to allow viewings to take place.
An unfair term in an tenancy, is one that deducts from statute law.
So a clause allowing the landlord to enter the property, without good reason, without giving reasonable notice or getting the tenant's consent would be a deduction from law that gave the tenant exclusive possession
I am very aware no one wishes to take my point on board, but sadly it is situations like this that I see every day with landlord ‘telling’ tenants what they can and cant do.
The law is very clear and it really doesn’t matter what you write in your tenancy agreements it doesn’t make it the law."
 
When I was moving out of my rented flat the agent would just call us directly about viewings and asked whether they were OK etc. I was only really happy with ones where I would be present (so evenings and weekends) and no one seemed to have an issue with this.

I wanted to be reasonable, happy to let people come round late notice etc but not too 'put out' which I think is fair enough.

In fact I ended up showing people round myself as a few times agents were running late and left people on my doorstep waiting and I think every person viewing wanted to ask us questions rather than the agents (who predictably knew nothing about the property anyway).

We kept in mind that we wanted out as smoothly as possible and to get our deposit back with no fuss so played ball as far as we felt comfortable. You have to remember that it isn't your house and you don't really achieve anything by purposely being as awkward as you can. All that will happen is the agent will moan to the landlord who will phone you to moan.
 
Well I've been exchanging emails with the agent and I've said weekdays between 6-8 and with 24 hours notice basically anytime on a Sunday, and they've come back with things like can I meet them on my lunch break? (I work 30 mins away) and "I understand we all have commitments but we have a duty of care to find the landlord a new tenant in time for when you vacate."

I think I've been fairly reasonable so I'm just going to leave it, they haven't got a key.
 
The contract will usually stipulate that you wont 'reasonably refuse viewings'... You can of course say that every single one is not a convenient time. If you refuse then they CANNOT enter.
To give a bit, you could offer certain slots (saturdays from 1pm - 3pm and wednesday evenings from 6pm-7.30pm or some such combination that suits you).. this shows willing yet fits around you. Make it clear that all other slots WILL be refused.

The landlord could take you to court to gain access for viewings at suitable times, but its unlikely they will as this will take longer than your notice period. All cards are in your hands, stick to your guns about what is on offer.

I only suggest doing this if the landlord has been an asshat/pain to deal with. If they have generally left you alone other then periodic inspections, fixed things as and when they needed fixing in a prompt manor then please help them out and allow viewings as best you can/let them have a key and tell them to give at least 24 hours notice... A void (empty period) costs us (landlords) a surprising amount, and this time of year is notoriously hard to find tenants. Good landlords should be rewarded in kind by helping them get someone in asap.

Sam (a landlord that tries his best to do things right and be professional about it!)
 
BYTEr said:
"I understand we all have commitments but we have a duty of care to find the landlord a new tenant in time for when you vacate."
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Such twaddle.

I had that thrown at me when we couldn't agree on a time for a building survey. I'd been good as gold with the viewings, even getting a phone call to thank me for being so accommodating and helpful with questions and measuring things for people, etc.

The chosen surveyor only worked mon - thursday 10 til 3pm, times I was at work. The only stipulation I ever had with viewings etc was that I was there in case anything was damaged / lost. I said he'll have to come at the weekend or an evening and the agent said something very similar. Amazing how quickly they get narky. I nearly puked.
 
BYTEr said:
Hi all,

Me and my wife are moving into our new home soon and therefore have given notice on our current accommodation.

We have been contacted by a lettings agent about viewings, now what I want to know is the law/tenants’ rights concerning these. Our landlord has been awful, taking over a month to fix a faulty boiler, refusing to fix anything that isn’t deemed an emergency, not getting an annual gas safety check etc, so what I’m saying is, the viewings in no way benefit me, so ideally I don’t want any, but what exactly are my rights?

The lettings agent is already getting appointments for times like 12:30 during the day, well I’m at work and there is no way I’m letting strangers into our home.

Any help would be appreciated.

Thanks.
Click to expand...


Reading this again it occurs to me that this landlord/agent are muppets and not very organised.... Did they (the landlord/the agent) do everything correctly when they started the tenancy? Was the deposit protected within 30 days of them receiving it, were you supplied the Prescribed information? If not, or if they did it late you will be entitled to the deposit back in full AND upto 3x the amount of the deposit as a penalty against them for not doing it correctly.
Easily claimed for, and you have upto 6 years to pursue it. No win/no fee solicitors are ideal for this as its in the landlords interest to settle asap as the fees from the solicitor soon massively outweigh the cost of the penalty.

Bickaxe said:
Just tell you them want to be present for any viewings. Make it awkward but not impossible.

I thought the annual gas safety check was part of the legal requirements for letting.
Click to expand...

It is.
 
Azza said:
It'll be in your tenancy agreement and it isn't, your 'our home'.
Click to expand...

beg to differ on this.

Whilst the tenant is renting it and living their it IS their own home. Its not their property but that doesnt take away for it being their home.
 
samcat said:
Did they (the landlord/the agent) do everything correctly when they started the tenancy? Was the deposit protected within 30 days of them receiving it, were you supplied the Prescribed information?
Click to expand...

Yes, the agency sorted it all out, did the contracts, secured the deposit and did an annual gas safety certificate, only thing they didn't do was an inventory.

Originally I was told the agency would also be managing the property which is what I wanted, so I had somewhere to complain too, however after less than a week of moving in, the landlord decided he didn't want the agency to manage the property anymore. Unfortunately the landlord also seemingly refuses to manage the property, our boiler broke last December meaning we had no heating or hot water, almost 4 weeks later I told him it needed sorted within 24 hours or he needed to find us alternative accommodation and he had the cheek to shout at me and proclaimed that he is an amazing landlord, the boiler was partially fixed 3 days later, although the thermostat is still broke.

Examples of things he has refused to fix are:

- Back door lock is so stiff we can't lock it, it's been unlocked since we moved in.
- Bathroom extractor fan has never worked and so we have to clean mold of the walls and ceiling on a weekly basis.
- Multiple plug sockets were hanging of the wall when we moved in.
- The attic and shed is full of stuff, we've never been able to store anything in them.
- The hot setting on the kitchen sink tap doesn't work (trickles).
- Dishwasher broke months ago.
- Never came and cleaned the garden which was a condition before we moved in.

All of the above the Landlord knows about, but won't do anything about it, there's a few other things but we don't even bother anymore.

We've paid the rent on time, every time since we moved in December 2015.
 
No inventory = you get 100% of deposit back, as they CANNOT prove what the condition was on move in.

That list is shocking, dig your heels in and allow the bare minimum of viewings IMO.

If you get stuck or LL gives you major grief pop over to LandLordZone forums for some guidance, full of people who really know there stuff (from both sides, tenants and landlords).
 
BYTEr said:
Yes, the agency sorted it all out, did the contracts, secured the deposit and did an annual gas safety certificate, only thing they didn't do was an inventory.

Originally I was told the agency would also be managing the property which is what I wanted, so I had somewhere to complain too, however after less than a week of moving in, the landlord decided he didn't want the agency to manage the property anymore. Unfortunately the landlord also seemingly refuses to manage the property, our boiler broke last December meaning we had no heating or hot water, almost 4 weeks later I told him it needed sorted within 24 hours or he needed to find us alternative accommodation and he had the cheek to shout at me and proclaimed that he is an amazing landlord, the boiler was partially fixed 3 days later, although the thermostat is still broke.

Examples of things he has refused to fix are:

- Back door lock is so stiff we can't lock it, it's been unlocked since we moved in.
- Bathroom extractor fan has never worked and so we have to clean mold of the walls and ceiling on a weekly basis.
- Multiple plug sockets were hanging of the wall when we moved in.
- The attic and shed is full of stuff, we've never been able to store anything in them.
- The hot setting on the kitchen sink tap doesn't work (trickles).
- Dishwasher broke months ago.
- Never came and cleaned the garden which was a condition before we moved in.

All of the above the Landlord knows about, but won't do anything about it, there's a few other things but we don't even bother anymore.

We've paid the rent on time, every time since we moved in December 2015.
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you should have spoken and been more firm with the agents.

you will be paying X amount of rent until it's fixed. if it's still not fixed within 30 days of that we will reduce again by X amount.

if your not happy with this then fix it or start legal proceedings against me.
 
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