Rules for Landlords requesting access to a property

[pitchfork]

24 hours generally.

he's a landlord, he'll do that anyway. scum, all of them. yes, every last one of 'em.

I had a few gooduns who never tried it, but then I never went through a letting agency and was generally on good terms with the landlords.

On the flip side I've known landlords try to charge people for an entirely new door (At £600) due to some external graffiti on the door, 5 minutes with a brillo pad and the graffiti was gone.

 

[UTmaniac]

Given how you are well inside the tenancy agreement you signed, if you feel you need more time than Monday to make the place look presentable for inspection, it would be reasonable to ask for more time.

I think this situation is a lot different to if you were coming toward the end of your 12 months contract and were planning to move out anyway, where you would be starting to pack things away and would naturally be expecting new prospective tenants to look around (so you would keep the place looking decent).

But given you are less than half way through the tenancy and you were given this notice of intention to sell, it is not inconceivable that the dwelling might not be in such a presentable state and because of work and pre-arranged things at the weekend, you may not be able to do much by Monday.

 

[wesley]

can it be your home when its somebody else house!

sorry mate but its not your house and its not your home too!

 

[bJN]

Were it me I'd agree to this first viewing on the condition that you are notified in writing for any future viewings as per your tenancy agreement. At the same time ask if he intends to serve you your two months notice so you can start planning and arranging for your next place of residence.

 

[XE11]

the law is very muddy. there is no hard and fast figures.

normally 24 hours for emergency or 48 hours for other reason. visit can be carried out once every 3 months without being deemed as unreasonable.

 

[Skeeter]

I wouldnt want to mess with a man who has your deposit...

My landlord doesn't have my deposit.

can it be your home when its somebody else house!

sorry mate but its not your house and its not your home too!

So I'm homeless?

the law is very muddy. there is no hard and fast figures.

normally 24 hours for emergency or 48 hours for other reason. visit can be carried out once every 3 months without being deemed as unreasonable.

From what I can tell showing prospective buyers around doesn't fall into the category of visits allowed under the 24/48 hour notice thing. Its only compulsory that we let them when we are in a notice period.

I must say I am a bit shocked at the amount of people who seem to just lay down and suggest letting people walk all over them. I paid a few hundred quid in fees in getting this contract together, so I'm going to use my legal rights if I have too. A lot of people seem to have very out dated views on how deposits work too.

 

[XE11]

From what I can tell showing prospective buyers around doesn't fall into the category of visits allowed under the 24/48 hour notice thing. Its only compulsory that we let them when we are in a notice period.

you are probably right. sorry, i dont have more information.

 

[FrenchTart]

can it be your home when its somebody else house!

sorry mate but its not your house and its not your home too!

How ridiculous. You clearly have no knowledge of the applicable laws/acts.

I must say I am a bit shocked at the amount of people who seem to just lay down and suggest letting people walk all over them. I paid a few hundred quid in fees in getting this contract together, so I'm going to use my legal rights if I have too. A lot of people seem to have very out dated views on how deposits work too.

Agreed. Unfortunately many landlords are also under these mistaken assumptions.

Personally I would let them look around the house just to get it out of the way but I would ask for a commitment on what is happening in the future as you said. That said, if you're planning on having a fun day in the house then you should be well within your rights to ask them to arrange a different day.

 

[Skeeter]

you are probably right. sorry, i dont have more information.

As people have said, it is a rather grey area and falls into what is defined as 'reasonable' or what would be considered harassment by the landlord and against the 'exclusive use' and 'quiet enjoyment' parts of the contract/law.

But the fact its specifically added in as a condition (that is the allowing of prospective buyers in) of the contract once notice has been served does support my findings that its a right that isn't in place at all times.

As a tenant you have quite a lot of rights. I am surprised at how quickly people seem to suggest I just ignore my rights and bend over.

In this instance I'm not going to stop them, other than ask they don't come on Monday, as it makes little difference to the outcome regardless. However I will always want to ensure I am not screwing myself over and foregoing all my rights simply to 'not be difficult'.

@ FrenchTart, Its quite worrying the amount of landlords who do still seem to think the have this leverage of just withholding your deposit to get you to do anything they want. But that said, while it may be nothing more than a paper tiger, the number of tenants who also seem to think this case is still true means it probably still works as a tactic a lot of the time.

 

[grumpysculler]

You have a common law right to quiet enjoyment.

Landlord has a statutory right to access for repairs/maintenance.

Landlords often create a contractual right of access for viewings, etc.

These rights can, and do, sometimes conflict. In that case, only a court can make an order.

I know of at least one case where the LL took the tenants to court to gain access for the gas safety check. LL is breaking the law if he doesn't do it, but if T denies access then LL is between a rock and a hard place. Court granted access and awarded costs against T.

In your case, the LL could serve notice and have you out before getting to court for an order to gain access. If LL wanted to claim damages, he would have to prove a loss.

In any event, a clause that allows access as often as the LL wants, whenever the LL wants would probably not be viewed as reasonable. If you give a couple of time slots and insist on prior notice then that is generally held to be quite decent enough.

There is no requirement for you to do special tidying up or anything for viewings - LL has rights of access, not rights to tell you how to live.

You can also just be awkward and change the locks. LL best option is to evict. If the LL is unreasonable (unannounced viewings, coming out of given time slots) then you may want to consider this option.

Most of the advice I see given to landlords is to evict before starting viewings. Wanting to keep the nice income stream from rent while also have free access for viewings is really both having your cake and eating it.

 

[RoyMi6]

I would try and turn the situation around to work more in your favour.

If they've still not given you written notice that you're being kicked out in two months then write to them telling them that from the first visit (or now if you prefer) that's your two months notice that you will be moving out.

Personally I'd decide when you want to move out and set that as the date rather than waiting on the first visit. This means you're in complete control of the move out date.

Also, sorry if I've missed it but if you've not got in touch with the agency yet regarding the visits I'd say you have 3 options.

1) You plan on going out that day and allow them access to the property while you're gone
2) You plan on staying in that day and allow them access to the property while you're there
3) You say no, and try and dissuade them from coming. Let them know that you have prior arrangements that mean other people will be visiting the property (family maybe) and that it will not be in a presentable state.

Regardless of what you choose to do about the visit you can make your life easier by getting in touch with them and confirming a date that's suitable for YOU to move out.

 

[Skeeter]

Thats pretty much it. The right to access for viewings is added into our contract, but only as a result of either party serving notice. There is no right for it under normal contractual conditions.

Your last line is where I think he is. He doesn't know if he wants to sell, hes testing the waters, but he doesn't want to kick us out if the sale then doesn't happen as he would be left with an empty house. If we start getting requests for visits from multiple people, and surveyors, and estate agents, then he will be politely told no and asked to serve us notice before proceeding.

 

[Skeeter]

I would try and turn the situation around to work more in your favour.

If they've still not given you written notice that you're being kicked out in two months then write to them telling them that from the first visit (or now if you prefer) that's your two months notice that you will be moving out.

Personally I'd decide when you want to move out and set that as the date rather than waiting on the first visit. This means you're in complete control of the move out date.

Also, sorry if I've missed it but if you've not got in touch with the agency yet regarding the visits I'd say you have 3 options.

1) You plan on going out that day and allow them access to the property while you're gone
2) You plan on staying in that day and allow them access to the property while you're there
3) You say no, and try and dissuade them from coming. Let them know that you have prior arrangements that mean other people will be visiting the property (family maybe) and that it will not be in a presentable state.

Regardless of what you choose to do about the visit you can make your life easier by getting in touch with them and confirming a date that's suitable for YOU to move out.

The letting agent is actually realy good. They were very appologetic for the short notice and out of the blue request. They also are very accomadating in moving visits around. They have 3 month inspections and are happy to do them when best suits us. We shouldn't have any issues getting them to come on a day when we aren't in.

We have spoken to them about wanting to be considered should the house go on the market, and also about wanting to know exactly whats happening following this 1 visit, and if that then means notice will be served.

We have also asked about any agreement to allow us to stay until the end of the tenancy contract we have (i.e. mid May next year) even if he does sell the house. At the very least moving to to a few months rather than 2 would help as, from experience, finding somewhere to live around December is a nightmare.

 

[redeye_uk]

I've had a similar thing happen recently.

I didn't wish to renew my contract, and the letting agent wanted to have viewings as and when they wanted (even if I wasn't at home)

Don't be bullied by them. 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).

 

[Skeeter]

Ah, thats the exact bit of the legislation I was looking for. Can you link me to where you got it?

I'm not going to exercise that right in this instance, but its good to know the details should I have to pull out the legal card at a later date.

 

[the_r_sole]

I am currently in this situation - but on the other side... I am trying to sell a flat which I rent out.
The lease I have says 24hr notice for access into the flat for inspections etc, however I decided that it was in my interests to give the tenants more notice than that when it's an estate agent viewing (so they can make sure the place it tidy enough etc) - if there is a viewing the estate agent needs to give 48hrs notice
so far tenants have been really good about it, and the estate agent is good too - imo op you should be looking for somewhere straight away, do you think it will sell within the two months? why not discuss these things with the landlord directly

 

[Skeeter]

We don't have a direct communication channel to the landlord. I don't know where he lives or have his hone number. Everything is managed through the letting agent, but they are pretty good.

I seriously doubt they would be able to turn around buying a house in 2 months, unless his mates mum has £300k under her matress in shoeboxes. I am expecting to get a firm answer after the visit as to if he wants to sell it. That way we will either be served 2 months there and then, or be told it will be sold soon and we will have 2 months notice plus however long it takes for them to sort out what they need to do.

2 months is fine, I'd just rather it was 2 months that didn't include Christmas. If we get notice served next week then we basically have to find something by mid December.

 

[XE11]

The letting agent is actually realy good. They were very appologetic for the short notice and out of the blue request. They also are very accomadating in moving visits around. They have 3 month inspections and are happy to do them when best suits us. We shouldn't have any issues getting them to come on a day when we aren't in.

We have spoken to them about wanting to be considered should the house go on the market, and also about wanting to know exactly whats happening following this 1 visit, and if that then means notice will be served.

We have also asked about any agreement to allow us to stay until the end of the tenancy contract we have (i.e. mid May next year) even if he does sell the house. At the very least moving to to a few months rather than 2 would help as, from experience, finding somewhere to live around December is a nightmare.

just suggesting a possiblity, not sayign this is definitely the case. there is an increasing trend here in london that letting agents are faking these requests. the market has been crazy for the past 6 months, and it now shows some sign of slow down. so agents start faking these request. this way, they can charge the tenant to sign the contract again, and the landlord will be shafted for setup fee and such as well. they will play any tune to cover their tracks....

 

[Skeeter]

Faking requests for access? Or faking notice being given, terminating contracts and then reissuing them?

The former seems rather pointless, whereas I can see the latter being a cheeky money spinning scam.

 

[XE11]

Faking requests for access? Or faking notice being given, terminating contracts and then reissuing them?

The former seems rather pointless, whereas I can see the latter being a cheeky money spinning scam.

sorry, i should have mentioned it . it''s latter. they are sending request to T saying LL wants them out. they then tell the LL that the T wants to leave with reasonable amount of notice.