24 Hour Notice for viewing (LA email attached) - Is he right or wrong??

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  • 24 Hour Notice for viewing (LA email attached) - Is he right or wrong??

    Hi All

    I know this will have been asked plenty, but just want to confirm with you all before I respond.

    I'm currently renting a house, but will be vacating the property in early Jan 2012. The house went up for rent on Monday, and I have already had 2 viewings on the Friday. I am now unable to accompany the prospective tennants for a viewing until next monday (A week from now), this is due to work overload and other various commitments.

    The LA got in touch with me today to schedule another viewing, to which I replied that I'm unavailable until next Monday. I subsequently receive an email from the Manager of the LA, stating that they intend to conduct a viewing with or without my consent. The email is below:

    R*****

    M***** has tried to arrange a viewing but you said you are not available until next Monday. As I appreciate you have belongings in the house and want to be present we cannot let you potentially cost the landlord a tenant by waiting a week for access especially this time of year when it is notably quite. The person who wants to view wants to view for the second time after viewing it on Friday which you kindly showed them round.


    Obviously we want to give you the option to be present but under the terms of the contract (clause 33) ‘To allow the Landlord or the Agents to show prospective tenants or purchasers around the premises at all reasonable times and provided 24 hours notice has been given by the Landlord’. If you cannot allow us access sooner then we will have no option but to exercise this clause at a time suitable for us after giving you receiving the statutory 24 hours notice.


    Please confirm when will be suitable for access?

    Regards

    ***** *****

    Lettings Manager

    ***** ***** *****


    From what I understand, they need a court order to enter the house with out my permission (Unless it's an emergency) ? Or is what he is saying correct?

    Any advice would be great.

  • #2
    Suggest strongly you remove names... (Seee forum rules)

    You can decline all viewings and visits, but may not get a reference...

    Simply write (email also but WRITE>>>) stating your own terms for all viewings or visits... (eg 10:00-10:35, Saturday mornings, or not at all...).. and if necessary change the locks (but change them back when you leave..).

    Be aware you will be in breach of the contract you willingly signed & agreed to...

    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


    • #3
      Hello Sir,

      Thank you for your response.

      So I don't think I will need to go down the lock change route. I'm not declining visits whatsoever, I'm just simply too busy this week. Plus I've already done two viewings this week! I just wanted to know whether he can actually just turn up without my consent.

      Was the LA wrong in saying this " If you cannot allow us access sooner then we will have no option but to exercise this clause at a time suitable for us after giving you receiving the statutory 24 hours notice."

      Thanks.

      Comment


      • #4
        Originally posted by Lobby1 View Post
        ......... I just wanted to know whether he can actually just turn up without my consent.

        Was the LA wrong in saying this " If you cannot allow us access sooner then we will have no option but to exercise this clause at a time suitable for us after giving you receiving the statutory 24 hours notice."
        ...
        Two conflicting rights...


        - You have a right to "quiet enjoyment" (nothing to do with silence..) - meaning you can enjoy your home, your property (not landlord's, merely his investment whilst you are tenant)..
        - Landlord/agent has a right to viewings from the clause in the tenancy...

        see this long and interesting... (well, to some..) "sticky" here..
        http://www.landlordzone.co.uk/forums...ion-or-viewing

        Conclusion is you can refuse viewings when you don't want them: Only way for them to get viewing when you don't agree is via. a court order, not possible in any sensible timescale..

        Suggest you write outlining acceptable times,,, if anyone attempts to gain access/does gain access outside your stipulations.. post here again,....

        Cheers!

        Artful (not sir...)
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


        • #5
          Hello Artful,

          Thank you for your response again.

          I have now sorted it with them, they agreed to do the viewing on the specified date.

          I just kinda got from the way that he worded the email, that he was implying they would turn up at some point this week if I did not agree to it.

          Comment


          • #6
            There are certain situations when a landlord/agent does have a right of access, but I would be interested to know where "24 hours notice" for a viewing is specified in statute. If they get pushy again , I'd query that as I think they dreamed it up when they were in the land of the fairies.

            Comment

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