L inflicts on me many pointless viewings of my flat

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    L inflicts on me many pointless viewings of my flat

    Hello. I am hoping for some advice.

    Recently, my landlord put up several 'To Let' signs from various letting agents outside the house I live in. The house has three flats. When people moved into the other flats I assumed the signs would be taken down, but another couple went up. I keep receiving letters from these letting agents (none of whom I pay my rent to) saying that they have arranged a viewing on my property.

    In recent weeks this has increased to two or three viewings a week and I'm getting really annoyed by it. I have not given any notice that I am moving out, and don't plan to do so any time soon so all these people are looking around a flat they aren't going to move into.

    Does the landlord have a right to allow all these pointless viewings? Do I have the right to stop them, seeing as the agents have nothing to do with me and I have not given notice?

    #2
    Have you spoken to your landlord? Is the rented property managed on the landlord's behalf by an agent?

    You don't have to allow any viewings if you don't give permission. You are entitled to quiet enjoyment of your rented property.

    Comment


      #3
      I haven't spoken to my landlord. He only recently acquired the property (in the last 6 months) and I only have the old landlord's details. I rent the flat through a letting agency.

      The most annoying incident was when I saw a letter from StudentDigz for me when I came home in the evening saying they'd arranged a viewing for today at 10:30. The letter was not there when I left the flat at 2o'clock. They even had the cheek to say in the letter that they have to give 24 hours notice. I wasn't able to phone from work today (and even then the letter didn't have any contact details - I got the number from the ugly sign that's right outside my living room) so they effectively came round without my permission. I left them a cheeky note which they probably ignored.

      Thanks for your advice. I won't allow any more viewings and hopefully they'll leave me alone. I'm sure the landlord will then get wind of it and contact me.

      Comment


        #4
        It sounds as the agents are trying to organise students to live in the property for the next academic year (September 2009). It is possible, although unlikely, that they are doing this without the current LL having asked them to.

        If the fixed term of your tenancy (which I am assuming is an AST) ends this summer, then presumably the LL is intending to give you due notice at least 2 months before the end of the fixed term, and not allow your tenancy to become periodic or 'rolling'. He is within his rights to do this, but it would have been courteous to talk to you about it first - and he should have asked you about allowing viewings.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          Some of the agents have mentioned that there are students looking for places to live in the next academic year. My AST began in November 2006 and has since (I think) moved to a periodic tenancy. I previously asked my letting agent to confirm how much notice I had to give before moving out as I was looking for a cheaper place but I did not say that I was moving out. The landlord has not spoken to me about viewings at all.

          Comment


            #6
            Originally posted by Poppy View Post
            You don't have to allow any viewings if you don't give permission. You are entitled to quiet enjoyment of your rented property.
            Hi

            You seem to be saying that even if the tenancy agreement requires the tenant to allow viewings at reasonable times towards the end of the tenancy that this would not be enforceable. I'm not sure I have accurately represented your opinion, but if I have I would be interested in hearing more about the legal authority for this view. It is quite clear that a right of access does not of itself undermine quiet enjoyment - see for example the landlord's statutory right of access granted by the LL & T Act 1985 to inspect the condition of the premises.

            Preston

            Comment


              #7
              If I understand you correctly, you don't know who your current landlord is? If not, put a request in writing to the agency. Failing to supply these details within, IIRC, 21 days is a criminal offence.

              Presumably the relevant clauses in your tenancy will provide something along the lines of the landlord/agent can conduct viewings on reasonable notice in the last month or 2 of the tenancy? In this case, in the absence of notice by either the tenant or the landlord you are not within that period, and are thus entitled to refuse access. Any entry to your flat without permission is a trespass, and the courts take such violations of a person's home extremely seriously indeed. Write to the original agent, the landlord (once you have his address) and any other agents of whom you are aware, informing them that as they are neither entitled or permitted to enter your property, you consider them trespassers, and you will sue them if they or their employees or agents enter the property. It may also be worth putting a note to this effect on the door of your flat and investing in a cheap CCTV camera (from approx £10 on fleaBay), which you could use to gather evidence of any trespass which occurs in your absence.
              Health Warning


              I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

              All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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                #8
                Originally posted by Cerrig View Post
                Some of the agents have mentioned that there are students looking for places to live in the next academic year. My AST began in November 2006 and has since (I think) moved to a periodic tenancy. I previously asked my letting agent to confirm how much notice I had to give before moving out as I was looking for a cheaper place but I did not say that I was moving out. The landlord has not spoken to me about viewings at all.
                Ah - I see. In that case, it does sound as if you need to clarify with LL/agent whether they want you to move out and when. They may have taken your enquiry about notice periods as a clear sign that you intend to move. (They should not do this, but they might have done).

                At the same time, you need to discuss whether or not you are prepared to allow viewings, and under what conditions.

                If viewings are allowed in the TA and you refuse them, LL can apply for a court order to enforce you to comply with the TA, but by the time this comes to a hearing you will probably be long moved out anyway. If he feels he has suffered financially becasue of your refusal, he may be able to persuade a court to award compensation.

                It is better to come to a reasonable solution without it going to court - although as agent46 advises, if they have been letting themselves in without permission, I don't think they'd stand a chance of winning - in fact, a judge would very likely rule in your favour.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by Preston View Post
                  It is quite clear that a right of access does not of itself undermine quiet enjoyment - see for example the landlord's statutory right of access granted by the LL & T Act 1985 to inspect the condition of the premises.

                  Preston
                  Does that include inspecting the property 3 times a week with different letting agents and people who are not going to move in?

                  Originally posted by agent46 View Post
                  Presumably the relevant clauses in your tenancy will provide something along the lines of the landlord/agent can conduct viewings on reasonable notice in the last month or 2 of the tenancy? In this case, in the absence of notice by either the tenant or the landlord you are not within that period, and are thus entitled to refuse access.
                  There is a clause in the tenancy agreement that says I have to "allow The Landlord or Landlord's Agent to enter the premises to accompany viewing by prospective Tenants or Purchasers" with no mention of time before the end of the tenancy. So if I haven't given notice of ending the tenancy and neither has the landlord, I fail to see how there can be prospective tenants.

                  Originally posted by mind the gap View Post
                  it does sound as if you need to clarify with LL/agent whether they want you to move out and when. They may have taken your enquiry about notice periods as a clear sign that you intend to move. (They should not do this, but they might have done).

                  At the same time, you need to discuss whether or not you are prepared to allow viewings, and under what conditions.

                  If viewings are allowed in the TA and you refuse them, LL can apply for a court order to enforce you to comply with the TA, but by the time this comes to a hearing you will probably be long moved out anyway. If he feels he has suffered financially becasue of your refusal, he may be able to persuade a court to award compensation.

                  It is better to come to a reasonable solution without it going to court - although as agent46 advises, if they have been letting themselves in without permission, I don't think they'd stand a chance of winning - in fact, a judge would very likely rule in your favour.
                  I do indeed need to clarify if the landlord wants to end the tenancy. If he doesn't then there cannot be prospective tenants and he has no need to show anyone round the flat.

                  There is also a clause in the tenancy agreement to "permit the erection of a "LET BY" board at the premises for one month after the signing of this Agreement and for one month upon each and every renewal of this Agreement for a further fixed term and the erection of a "TO LET" or "FOR SALE" board at the premises during the last two months of the tenancy." As no notice has been given, that implies to me that I can object to the "To Let" signs being outside the house, given that the other tenants moved into their flats in the autumn and surely haven't given notice themselves. Is this correct?

                  Comment


                    #10
                    Originally posted by Cerrig View Post
                    So if I haven't given notice of ending the tenancy and neither has the landlord, I fail to see how there can be prospective tenants.
                    Yes, that is, more or less the point I made in my previous post.
                    Health Warning


                    I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                    All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                    Comment

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