Disturbed by constant viewings in a rental property

[Pickles18]

Hello,

 

I wonder if anyone has had a similar experience with being constantly disturbed by viewings in a rental property and can help in telling me the best way to deal with them.

 

My landlord is selling the flat I live in and as I am in the process of buying a property I can't move out as I would have to sign into another minimum 6 month contract elsewhere which isn't practical.

 

The property has been on the market for over 2 months now and he has it on with 2 different agents. They booked 3 viewings at 10.45am, 12.45pm and 3.15pm last Saturday and so I was disturbed 3 times. As I don't want this to happen again I have now asked that 1 agent does a block viewing between 1pm and 1.30pm and the other agent does from 1.30pm to 2pm. Both agents have agreed to this but to be honest I wasn't expecting the viewings to go on for this long and I think the flat is over-priced in the market which is why they aren't getting any offers after all the viewings they have done. This means I will continue to be disturbed every weekend for an hour for the foreseeable future.

 

I text my Landlord last Friday to ask if he thought it was fair that I was to be disturbed 3 times on a Saturday - my weekend and the only time I have to relax and he completely ignored me.

 

They also do viewings in the week and usually email in the morning to say thy have a viewing that day and as I am at work I tell them it's fine and to go ahead.

 

I am working from home today and have just had an email at 12.30pm from one of the agents saying he is coming at 3pm today to do a viewing. I have checked my tenancy agreement and it says I have to have 48 hours notice for someone to gain entry to my flat yet I am allowing them to do the viewing so as not to be obstructive. I was also working from home last Friday and exactly the same thing happened.

 

As I am being constantly disturbed in my home and not enjoying peaceful enjoyment of it - do you think I am entitled to ask for a rent reduction? I pay a lot of rent to live here and resent doing so now that it is being invaded on a daily basis.

 

Any help or advice you can give would be very much appreciated as I am going to write to my landlord to tell him I am unhappy with the current situation and paying full rent. This could go on for months and I have been extremely accommodating so far - even changing plans 3 times to meet with agents for them to measure up and take photos - which really isn't my responsibility but the landlord's. He doesn't seem to appreciate it - rather I feel he is taking advantage of my good nature now and am very fed up with the whole situation.

 

Thank you in advance for any help or advice you can give

 

Pickles18

[Conniff]

Have moved your thread to the Residential and Commercial lettings/Freehold issues section

[raydetinu]

First of all you do not have to let them have viewings at anytime if you don't want them to, even if they give you the required notice.

So suggest you do it to suit you, say once a week at a time that is convenient.

NEVER let anybody in if you are not there. If they have keys, change the locks.

[Pickles18]

First of all you do not have to let them have viewings at anytime if you don't want them to, even if they give you the required notice.

So suggest you do it to suit you, say once a week at a time that is convenient.

NEVER let anybody in if you are not there. If they have keys, change the locks.

 

Hello, Thank you for your response. I didn't realise I don't have to allow viewings at all - do you know if that is legally the case? Also - I am not allowed to change the locks as a condition of my tenancy so I can't do that and tbh I don't mind them coming in during the week whilst I'm at work as it means I don't have to be distrubed in the evenings when I am at home. I don't want to be obstuctive becasue I know my landlord really needs to sell to buy the property he currently rents but I think it is unfair that I am being disturbed all the time and still paying full rent. Do you think I should request a rent reduction as this has been going on for over 2 months now - I often have friends stay at the weekend so would prefer not to do viewings at all at the weekend - am I within my rights to not allow them to unless I get a reduction in rent? The problem is I am afriad to ask for a rent reduction in case they give me notice to leave but then I suppose they are not likely to be able to rent it out again whilst it's in the process of being sold so I guess they would lose out on a rental income altogether if they did that. At the moment it seems I am doing all the work and being constantly disadvanatged whereas my landlord isn't being inconvenienced in any way and this doesn't seem at all fair to me. Kind regards, Pickles18

[raydetinu]

see below;

“Protection from Eviction Act 1977”

Section 1

Unlawful eviction and harassment

s.1(3A) (as was amended by the Housing Act 1988) which states:

"the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household."

The individual carrying out any inspection will be personally criminally liable, and could face arrest by the police on the above charge. Likewise the agency as a corporate entity may face criminal investigation.

Also any attempt to enter the premises without your consent will treated as, as a matter of civil law:

a. trespass; and

b. a breach of the quiet enjoyment clause under the tenancy agreement.

 

A LL is entitled to do inspections on a regular basis say once every three months or if he has to do emergency repairs that's all! anything else is up to you.

As for the locks, change them, as long as you put the old ones back, or give the new keys to LL when you leave. ( why do LL or LA want them anyway, its your residence ).

LL or LA would be unwise to enter property unaccompanied by yourself as that would leave them open to anything. ( things going missing, damage etc.)

 

As for rent reduction, you can ask?

LL can issue you with a S21 notice at any time, but would need court order to evict.

[Desperate Daniella]

Hi,

 

A lot of tenancy agreements do state that the tenant agrees to allow viewings in the last month of the tenancy, with notice of course. I assume yours doesn't refer to this? Where are you on the tenancy agreement because you mentioned you are in the process of buying yourself.

 

DD

[raydetinu]

Even if it does say that in the agreement, you cannot over ride quiet enjoyment and must be at tenants convenience.

[Desperate Daniella]

Yes, it must be at the tenant's convenience, but I was wondering if Pickles and his landlord have gone beyond the original agreed term of the tenancy and are doing it on a month by month basis. Certainly he can ask for a reduction in rent. I'm just trying to find out his position: Are both Pickles and the landlord allowing the tenancy to continue on a month by month basis until the landlord sells, or can Pickles give just one month's notice if his purchase goes through first?

[raydetinu]

Presume its now on a PST basis.