L's right of access for inspection or viewing?

[jpkeates]

It's a useful thread, because the access rights of the landlord can be overlooked.

The problem is that the views of many posters are not harmonious, and tend to be entrenched (my own included!), so any request for information tends to produce a lengthy debate quite rapidly and doesn't end up with anything definitive a poster can take from the responses.

Which is probably a good reflection of the actual legal position with the various conflicting and confused rights...

[Lawcruncher]

My view is of course that the law is in fact fairly straightforward. The issue has been confused by those who believe the law is what they think it ought to be and have seized on legal principles they do not fully understand to try and prove they are right. It is not entirely unreasonable for them to hold the position they do; the error is believing that it is the only reasonable position and that on that account the law must support it. A classic case of those with a vested interest getting the law wrong when they firmly believed it was on their side was the issue of bank charges. When it comes to access by landlords we have yet to have the benefit of the wisdom of the Supreme Court to lighten our darkness. In the meantime, the best we can do is to consider established principles and see how they apply.

[jjlandlord]

I think that the law is much clearer on the issue than some claim. (edit: Ah, Lawcruncher posted whilst I was typing).

Many who claim that tenants can refuse access even if the agreement states otherwise either just repeat what they read 'somewhere' or would like it to be the case.

As for the many alleged 'grey areas', I think most of them are the creation of internet forums and blogs.

Someone asks a question and gets contradictory replies. This happens very often, if not all the time. And then, it settles to "only a court can decide" or "it's a grey area", which of course is just a cop out and usually only means that the people discussing the issue have in fact no clue as to the actual position.

[theartfullodger]

IMHO, Tenants "can" refuse but "may" not - in some circumstances (eg inspection, suitable informed prior). As in I "can" drive down the M4@ 120mph but "may" not...

Think a lot of the problems stem from when landlords or agents claim absolute right to access for, say, viewings, surveys, photos, improvements.. when the law & tenancy clauses do not specify they do.

Hippo I think your post has prompted yet more useful discussion on this matter.

[Lawcruncher]

If someone enquires: "Can I hit you over the head with this baseball bat?" I know what answer I am going to give.

[jpkeates]

May I, not can I?

[Lawcruncher]

When I was at school if a boy asked: "Please, sir, can I take my blazer off?" the invariable answer would be: "You can, but you may not." If I knew then what I know now I might, but for the fact that back in those days it would have incurred the risk of having your head banged on the desk, have suggested that sir was lacking pragmatic competence since the context made it clear that the boy was making a petition and not enquiring as to his physical ability to remove his jacket.

[jpkeates]

I am of the view that a Landlord can enter a tenant's property when certain conditions prevail, but often may not be permitted to.

The best legal argument in the world doesn't help standing outside a locked door in the rain.

[Libbyloo79]

Hello

Some advise please!

I started renting a house from a private landlord 6 weeks ago.
She didn't tell me until after the contracts were signed etc that the house was infact up for sale and had been for two years.
She now expects me to accomodate them on when viewings can take place. I have been very fair, even though not happy at not being told, and i've said i can be out any evening or my days off which change, and leave them to it.
She keeps insisting on weekends though while i'm at work..thing is, i have a large border collie, which she knows about, who will obviously bark when strangers will enter the property.
I don't feel comfortable about people being at the house with my dog there and not me.

Should i have been told that the house is on the market?
Am i being unreasonable concerning showing people round etc?

TIA

[jpkeates]

If it might have affected your decision to rent, the landlord should have made you aware of the possible sale.
She should certainly have made you aware of her wish to show people around.

However, you are under no obligation to let people into your home when it isn't convenient (or at all), unless its specifically mentioned in the tenancy agreement.
You are well within your rights to decline any viewings when you are not there.

[Kay Powell]

I know that someone else will point you towards the exact law, but I believe that you are not obliged to allow viewings unless your tenancy agreement specifically states that you must.

[theartfullodger]

Landlord is perfectly entitled to sell it whilst you are there. Clearly he should have let you know but did not legally have to. As above, very unlikely you have to allow viewings. Selling the place does not end your tenancy nor require you to leave. New owner becomes your new landlord, no change to tenancy agreement. Even if new owner is outside in car with her screaming husband & 3 incontinent spotty children & a giant removal van.

[Lawcruncher]

I know that someone else will point you towards the exact law, but I believe that you are not obliged to allow viewings unless your tenancy agreement specifically states that you must.

That is the exact law - assuming of course we mean vewings by prospective buyers.

[Kay Powell]

That is the exact law - assuming of course we mean vewings by prospective buyers.

I meant chapter and verse. It's one thing knowing (or believing that you know) what the law is, and another matter being able to state which particular section of which particular statute is relevant.

[jpkeates]

It doesn't work like that.
There's no law that says "tenants don't have to allow viewings".

There are laws that specify what the landlord can require access for - to view the condition and state of repair of a property for example (Landlord and Tenant Act 1985).
None of them cover viewings by 3rd parties interested in buying a property.

So the tenant has to agree to such viewings if it's not in the tenancy agreement (because then they've already agreed).