Can we stop the landlords agent doing viewings?

Reply to the comment left by "Julie Ford" at "07/04/2015 - 15:19":

"The tenant, if on an AST has exclusive possession of the property, therefore they have the right to exclude everyone including the landlord and or his agent."

That's right, and that is why the landlord may want to add clauses specifically restricting this by granting a right of access in specific circumstances.
This is so useful in fact that, for inspection and repair purposes such clause is always included by statute (as quoted by Joe).

Thus, the landlord has permission to enter for the specific purpose agreed to.

If I recall correctly, the OFT, always careful and weighing each word, only states that they would frown upon a clause giving an excessive or unreasonable right of access.

Hi,

This article has much relevance for me at present. We have decided to place our property on the market and capitalise on the fruitful time of the year where house purchase becomes popular. Our tenant who is on a periodical agreement, has been awkward in allowing viewings arranged by the Lettings Agent. We shall serve the statutory two month 'notice to quit' on the 18th of this month, this being the anniversary of the original short term tenancy agreement. As mentioned previously, should the tenant continue in being obtrusive towards allowing viewings, then come the time when he requires a reference for his next tenancy, this shall be noted.

Reply to the comment left by "Romain " at "07/04/2015 - 15:56":

In the last month of the tenancy the landlord has the right to advertise and organise viewings to the property. This is a standard procedure in all agreements. The tenant cannot refuse on unreasonable grounds. If a person is ill then that is a problem.

The tenant has broken his tenancy agreement by not paying the last months rent. If there were problems when the tenancy started they should have been raised at outset.

Reply to the comment left by "PATRICIA SIMPSON" at "07/04/2015 - 16:55":

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.

Zisis, I think it perfectly reasonable for you to insist and reasonable notice from the agent before he conducts any viewings.

But Zisis, can I ask you why you want to refuse all viewings? Do you think that is fair to the landlord?

It would be much better for all concerned if you start afresh and work things out with the agent and landlord and come to an amicable agreement which might involve compromise.

I fully appreciate as landlords you all want to get in and do viewings to re-let the property as soon as possible, you run a business after all.
But you cannot enter your tenants property without their permission, nor can you force a tenant to allow viewings to take place.
An unfair term in an tenancy, is one that deducts from statute law.
So a clause allowing the landlord to enter the property, without good reason, without giving reasonable notice or getting the tenant's consent would be a deduction from law that gave the tenant exclusive possession
I am very aware no one wishes to take my point on board, but sadly it is situations like this that I see every day with landlord ‘telling’ tenants what they can and cant do.
The law is very clear and it really doesn’t matter what you write in your tenancy agreements it doesn’t make it the law.
Joe Bloggs: your comment refers to the landlord and tenant act 1985 S11, this is in relation to repairing obligations “enter the premises comprised in the lease for the purpose of viewing their condition and state of repair” viewing the condition and state of repair is not conducting viewings in order to re-let.… I doubt an agent will be conducting a snagging list while showing round potential tenants.

Reply to the comment left by "Julie Ford" at "08/04/2015 - 08:57":

Hello Julie, and thanks for your informative post. It would appear from your findings, that in order for me to allow potential buyers to view our property, I shall have to draw up a list of repairs to be effected at the premises, coinciding with viewing appointments. I fully appreciate the law in protecting tenant's rights and those of their landlords, but in this particular instance, where my tenant is being obstructive in order to defer the inevitable relinquishing of his tenancy, the law is being exploited and therefore it is an Ass. Readers may find my comments to be rather 'tongue in cheek', but if one person can circumnavigate the rules, then why can't another?

hi julie,

youve merely repeated your view without providing any substantiation.

please provide substantiation of your view point.

romain has already explained the legal position regarding express clauses for access for viewings in the last; where is your evidence that they are ALL unreasonable?

i made it clear from the outset that s.11 applies to repairs. however, i referred to this to demonstrate that the doctrine of quiet enjoyment is far from absolute!

Reply to the comment left by "Joe Bloggs" at "08/04/2015 - 10:41":

Joe

If tenants can't refuse access, why has Tessa Shepperson at Landlord Law gone to so much trouble to produce an premium information pack to direct landlords what to do when a tenant refuses access to their property to perform statutory gas checks?

If a tenant refuses access then you can't enter their property without a Court Order or without bailiffs attending an eviction.

Yes you can apply pressure but you also have to be very mindful of harassment claims.

I do not profess to be a lawyer or able to quote case law or legislation to back up my arguments but I do hold people like Tessa Shepperson in very high regard, accordingly I follow her guidance. Better safe than sorry!
.

Reply to the comment left by "Mark Alexander" at "08/04/2015 - 10:55":

hi mark,

this is what i replied to you yesterday:

'Reply to the comment left by “Mark Alexander” at “07/04/2015 – 14:50“:
hi mark
thanks romain. thats what i thought.
if the tenant does change the locks and refuse access that may be grounds for eviction as it would be a breach of most tenancy agreements?
we make it clear at the outset that we retain keys and so if a lock change was justified i would do it (and retain a new spare key) or expect the tenant to provide me with a key.
anyway i think its v important not to confuse the legal rights and wrong with what may happen in practise.'

in law tenants cannot refuse access in accordance with statute and reasonable terms in the TA. however, if they do then the LL has to follow certain legal procedures to enforce his rights. does that mean that those rights never existed? i dont think so.

as i said yesterday, its v important not to confuse the legal rights and wrongs with what may happen in practise.