Tenant's Rights / Right of Entry / Management Company Viewings

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    Tenant's Rights / Right of Entry / Management Company Viewings

    Hi there,

    I'm curious what rights a tenant has in terms of 'right of entry' when the landlord is attempting to sell a flat, and the management company is bringing over large amounts of prospective buyers (who, strangely, don't seem to be jumping to make offers).

    The background is, the landlord is selling, and the management company, for the past month, has been bringing over buyers almost daily, sometimes in the mornings and sometimes in the evenings, so there've been probably 30 viewings so far. And lately, the management company made a scandal when I asked them to reschedule a Sunday morning viewing, and when another morning viewing on my day off. I ended up relenting and letting them come anyway, which I regret. I would never be posting this if the management company didn't get pushy with me.

    The management company seems to think their ONLY obligation is to give 24 hours notice. One trick they play is to send me a text, and then later say, 'you didn't get my text?' which they sometimes don't send.

    I'm not ready to go a legal route, but it's starting to really bother me, especially given they very high rent I'm paying for this flat.

    Is the law very ambiguous here (I'm in England)? Or is there an answer to what rights I have and what rights they have? Does their ability to give 24 hour notice mean they're automatically abiding by the 'right to quiet enjoyment' clause, or is it a lot more complex than this?

    Thank much.

    #2
    Write to the agent, stating that whilst you are happy to accommodate some viewings, you do not want them just giving 24 hours notice and turning up ad-lib when they wish. Give them a few time slots that suit you - for instance Tuesday and Thursday evenings between 6 and 8pm and Saturday mornings between 10 and 12 - obviously adjust these times to suit yourself. Tell then that you are within your rights to refuse all access, but you would accept viewings at those times, but you still expect the agent to advise if anyone is coming during those "windows" and not just turn up unannounced. They must await your reply that you accept, not just pretend to try to contact you and assume your lack of reply is an acceptance!

    Also state you will refuse any viewings outside these time slots, as is your right to "quiet enjoyment" whilst you have a valid tenancy at the property.

    If you feel the agent might enter without your agreement, you are within your rights to change the locks as long as you replace the originals when you leave.

    However, bear in mind that LLs don't like to be told what they should do, even if you are quite rightly exercising your right to refuse. LL may decide to issue you notice, which obviously is a distinct possiblity if he gets a buyer anyway, and he may decide not to give you a great reference, so try to be as genuine as possible in the time-slots you will accept the agent visits, as it might work in your favour long-term.

    The whole reason viewings are not paying off, is that buyers cannot exchange on a sale until there is vacant possession, so you being there is probably hampering a sale anyway!

    Comment


      #3
      If it suits you then give them a 'window of opportunity' when they may bring viewers around, say 2 - 3 hours on Saturday morning, anything else tell them no.

      You are entitled to 'quiet enjoyment' of your home, you can refuse viewings altogether if you wish.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Thanks, LesleyAnne. This is good advice. I want to ask as a follow-up, if I *do* get to the point where I want to remind the Management Company of my legal rights (the landlord is actually an okay guy, we get along, but he's quite passive), is there a paragraph, a law, or something I can reference aside from just 'right to quiet enjoyment of the property'? I've been looking online with no luck. At some point, I may want to remind this management company (a very large, well-known one) that I'm not someone to push around, and that I know my rights.

        Thanks much!

        Originally posted by LesleyAnne View Post
        Write to the agent, stating that whilst you are happy to accommodate some viewings, you do not want them just giving 24 hours notice and turning up ad-lib when they wish. Give them a few time slots that suit you - for instance Tuesday and Thursday evenings between 6 and 8pm and Saturday mornings between 10 and 12 - obviously adjust these times to suit yourself. Tell then that you are within your rights to refuse all access, but you would accept viewings at those times, but you still expect the agent to advise if anyone is coming during those "windows" and not just turn up unannounced. They must await your reply that you accept, not just pretend to try to contact you and assume your lack of reply is an acceptance!

        Also state you will refuse any viewings outside these time slots, as is your right to "quiet enjoyment" whilst you have a valid tenancy at the property.

        If you feel the agent might enter without your agreement, you are within your rights to change the locks as long as you replace the originals when you leave.

        However, bear in mind that LLs don't like to be told what they should do, even if you are quite rightly exercising your right to refuse. LL may decide to issue you notice, which obviously is a distinct possiblity if he gets a buyer anyway, and he may decide not to give you a great reference, so try to be as genuine as possible in the time-slots you will accept the agent visits, as it might work in your favour long-term.

        The whole reason viewings are not paying off, is that buyers cannot exchange on a sale until there is vacant possession, so you being there is probably hampering a sale anyway!

        Comment


          #5
          Just do as has been suggested.
          Stand your ground. that's all you have to do.

          Don't waste time finding laws, as the advice you have been given is
          correct.

          R.a.m.

          Comment


            #6
            I will and I plan to. However, I already spoke to the agent, who implied that they had a right to come at any time between 9a and 8p, provided they give 24 hour notice. She then made vague threats about telling the landlord, a sob story about very busy doctors who had trouble visiting during Jubilee, and that she told the other agents to TRY to accommodate me, but to go ahead and show the flat anyway.

            So you see, she doesn't care. Now she must be wrong, based on what you've all said in this thread.

            But I need a little more backing than merely stomping my foot louder, because I can already see this escalating, and I would like to prove to them, and the landlord, that they have to accommodate me.

            What do you suggest I say as proof of my rights?

            Originally posted by ram View Post
            Just do as has been suggested.
            Stand your ground. that's all you have to do.

            Don't waste time finding laws, as the advice you have been given is
            correct.

            R.a.m.

            Comment


              #7
              Make a positive move and change the barrels of the locks, (save the old ones to replace when you leave) that way you are the only one with the keys and they can only come when you agree to be there to allow them entry.
              I offer no guarantee that anything I say is correct. wysiwyg

              Comment


                #8
                Your rights are :
                Basicly, the landlord has assigned his rights to the property over to
                you, by issuing you with a "contract". You have almost the same
                rights as the landlord.

                And that is, only people YOU allow to enter your property, can enter.
                as YOU have possession of the property, it is yours to do with as you like,
                as long as you are there.
                It is YOUR home.

                If you were the landlord living there, with flat up for sale , and an
                estate agent stated they are going to enter your property tomorrow
                and every day for 30 days, the landlord has the right to refuse because
                it's his property.

                The law ( and too many to quote ) has placed you in charge of the
                property, and you too can refuse being disturbed.

                You have NO need to prove anything. The property is assigned to
                you, and you can refuse entry.

                In this instance, you say to the letting agent etc, you will give me
                3 days notice / or weekends only including 3 days notice, and if you
                enter MY property, Iwill do you for trespass.

                Dont waste time, as letting agents think THEY own the property,
                and can do what they like, and it's up to you by being forceful, and just
                do what you have been advised to do.

                But we have all told you what to do, and viewings on your terms.

                R.a.M

                Comment


                  #9
                  Its quite likely tha the agent(s) dont know the laws and assume that putting something like "the tenant agrees to allow reasonable viewings" in the tenancy agreement, means that the tenant as no right to refuse viewings that are reasonable to them.

                  Also bear in mind that a tenant is one (or 2, etc) but the agents can be a dozen and viewings is their fulltime job. So 12 of them doing a viewing a day might be very reasonable for them, but completely unreasonable for the tenant and by no definition "quiet enjoyment"
                  All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                  Comment


                    #10
                    Have you looked at what your contract actually states about these situations?
                    Mostof what you have been told above may be incorrect.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Originally posted by thesaint View Post
                      Have you looked at what your contract actually states about these situations?
                      Mostof what you have been told above may be incorrect.

                      Even if contract states access within 24 hours notice, it is a contentious issue whether this covers agent's access for viewings, or is only enforceable for LL access for inspection/repairs!

                      IMO, EA turning up to show prospective buyers around when the mood takes them is not covered by such a clause. Indeed, many such clauses state that viewings should be allowed during the last month of a tenancy, but tenant in this case has not been given/or given his own notice, so the "last month" ruling does not apply.

                      Comment

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