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AIBU / Are they allowed to do this?

Scarlet Fifi La Voom, 14 January, 2009 at 21:04 Posted on Off Topic Posts 0 24

We are moving in 2 weeks, and as discussed on here before the letting agents didnt tell the land lord until I phoned him and told him 2 weeks after we handed our notice in.

Its now been nearly 4 weeks since we handed in our notice and our house was only put on rightmove at the weekend.

I got a call from the letting agents today, telling us that they where going to take someone to the house on Friday at 2pm. I then had to remind the lady that we have 2 dogs and that we would need to be there. They would have known that if they looked at our file.

I then told her that we wouldnt have to do Friday as we are no available. I told her that Saturday and Sunday where fine, tell us what time and we will make sure we are there.

She phoned back to say that the person wanting to view the house could only do week days, and then said that we would need to be availble to be there. I told her that it wouldnt be possible as we both work full time. I explained that we have 1 car and that my H drives and drops me off at work. Once at work I dont have transport. She then started getting arsey saying that we would need to come out of work in our lunch break. I then explained that I have no car to get home, and that H only gets 30 min lunch and that it would take him that just to get there and back. I then asked if it was possible to do evening appointments as day ones where no good to us. She then said that they didnt do evening appointments and that we would have to make ourselfs availble. By this point, she was really starting to p!ss me off as I was trying to be helpful. She then asked if we could we put the dogs somewhere else during the day, so that they could let themselves in. I told her that this was not possible

I then got thinking that I really dont like the idea of someone walking around my house when we are no there. As it is, the dogs are going to my H grandparents house in a couple of weeks so they are out of the way.

I dont want to mess around with the land lord as he is such a nice guy, but this letting agents are well known for being crap!

AIBU in not wanting someone walking around my house when we are not there? I just dont like the idea of it. I bet they wouldnt like me walking around their house when they aren't there!

24 replies

Latest activity by Sparklywug, 16 January, 2009 at 14:14
  • Taffie
    Beginner July 2007
    Taffie ·
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    Could you not offer to show them around yourselves in the evening?

    As for your last comment though, agents walk around properties all the time without the vendors / occupiers being there. We have been present only on a few occasions for viewings during the sale of our house.

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  • legless
    Beginner
    legless ·
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    1. its not your house

    2. they only have to give you reasonable notice that they are coming in, they don't need to wait for you to be available to be there. You've got no right to stop them coming in or to tell them when they can come in.

    3. can the dogs go into day care or could you take a half day?

    4. when i've sold houses i've been happy for agents to let themselves in and show buyers around without me being there, its not like they go thrugh your drawers.

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  • Baby Buns
    Beginner September 2007
    Baby Buns ·
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    Hell no, not being unreasonable. I have no idea about the legalities I'm afraid but I would have thought that they can't enter without your permission whilst you are still tennants (I know my uncle used to have to knock on / make an appointment to borrow something out of his garage (that was on the inventory) whilst letting his house out)

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  • Zo�
    Beginner July 2009
    Zo� ·
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    I think its a grey area (although I dont know if it is legally) you should be able to say no, but they should be able to ask for reasonable access at the end of a tenancy. Im not sure saying no to week days is reasonable access. But I totally see your point and have always been able to get an agent to agree to my terms, last house we had to give 2 months notice but moved out after less than one and asked them not to show the house until we had fully moved out, they were fine with it.

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  • Ostrich
    Beginner April 2005
    Ostrich ·
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    I think you're being a bit unreasonable actually. This is a rented property and the landlord is trying to sell it. If you're only allowing them access at weekends and evenings they could be missing out on potential buyers, and in this current climate that's not really fair on the landlord.

    I remember years ago when I was looking to buy, I was shown around lots of properties where the tenants were at work/out/college and their stuff was all there as they hadn't moved out yet. I'm pretty sure, legally, if the landlord gives you X notice you have to allow him entry?

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  • Mrs Jellybaby1977
    Beginner September 2008
    Mrs Jellybaby1977 ·
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    I think you need to check your T&C's. I know when I have previously rented it did state I need to give the landlord reasonable access to the property at the end of the contract.

    Can the dogs not go earlier to the grandparents?

    Sx

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  • S
    Beginner January 2006
    seraphina ·
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    View quoted message

    Not at all. The fact that the landlord owns the property and wants to sell it is immaterial - it is the tenant's home and they are entitled to "quiet enjoyment" Notice must be given, and frankly if it came to it I think that requesting the agency to restrict people visiting to evenings and weekends is pretty reasonable, especially considering there are dogs involved. What would happen if one of the dogs bit a visitor?

    The law states that tenants are entitled to quiet enjoyment, but doesn't define what that is. You could, quite legitimely refuse all access to the property until you move out but it depends whether you want to create that much fuss. The landlord can only enter without your permission in the case of emergency.

    It's not about being fair to the landlord - it's nothing to do with him. If he wants to sell it, that's his lookout and his tenants don't have to do anything for his conveinience if they do not so wish to do so.

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  • S
    Beginner January 2006
    seraphina ·
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    Or to put it another way - if you were selling a house you owned, you could let the estate agent know whether or not you were happy for them to conduct viewers when you were absent. If you only wanted to do viewings when you were there, the estate agent would accommodate that. Tenants can do exactly the same thing.

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  • S
    Scarlet Fifi La Voom ·
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    I will suggest if we could show people around, but I dont think they would agree in case we say something nasty about the letting agency which we wouldnt. I have told them that we cant be home for 5pm. I have said any time at the weekends, we will make sure we can be there but she was having none of it.

    I understand it's not our house, but the same time, we cant take any time of as we are using the last of our holiday moving. We cant afford to put the dogs anywhere, and there isnt anywhere they can go. They cant go sooner to his grand parents really because they are in their 80's and i dont like leaving them there too long.

    Sorry but I just still dont like the idea of someone walking around the house where I live with all my belongings in it.

    I understand that I am probably being unreasonable but she really annoyed me with how rude she was being.

    The land lord isn't selling the house, we are moving out to live closer to my parents as my dads dying. Trust me we dont want to move as we love the house and where we live and we get on really well with the neighbours, but circumstances mean we have to move.

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  • S
    Beginner January 2006
    seraphina ·
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    From the citizen's advice bureau:

    http://www.adviceguide.org.uk/index/family_parent/housing/common_problems_with_tenancies.htm#The_landlords_rights_of_entry

    Your landlord has a right to reasonable access to carry out repairs. What ‘reasonable access’ means depends on why your landlord needs to get access. For example, in an emergency, your landlord is entitled to immediate access to carry out any necessary work.

    Your landlord also has a right to enter the property to inspect the state of repair or to empty a fuel slot meter, but they should always ask for your permission and should give you at least 24 hours notice.

    If you are staying in lodgings where it is agreed that your landlord provides a room-cleaning service or where you share a room with other lodgers, your landlord can enter without permission.

    Your landlord does not have a right to enter in any other circumstances unless they have a court order.

    So unless it's repairs, inspection or emergency they cannot enter. Also, just because something is written into your tennancy does not mean that it's legally enforceable

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  • S
    Scarlet Fifi La Voom ·
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    So if the letting angents come in the house without permission, is there anything I could quote to them?

    This letting agency C do have a bad name. We did get the house through another L, and we advoided C due to their bad name, but C took over L a year into moving into the house. Hope that makes sense.

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  • spot
    Dedicated September 2007
    spot ·
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    To be honest, even thought it's your home, you will have signed a contract which will most likely have a clause about reasonable notice for access. When I have rented we have had people come round when we are not there. Not ideal, but it's one of the drawbacks of being a renter.

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  • lobster
    Beginner
    lobster ·
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    I can't beleive no-one has said to check your lease. It should include the terms of showing the property once you've given notice.

    I forget the exact details but our last one was something like they could show between 9 and 5 weekdays without prior notice and then outside those hours by arangement with us.

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  • S
    Beginner January 2006
    seraphina ·
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    ASTs frequently contain legally unenforceable conditions with regards to entry so it's not necessarily the best place to look!

    Scarlet, you can point them to the CAB website.

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  • Zebra
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    Zebra ·
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    I agree - and everywhere else in Eurpope the law seems to back this concept of being your home but it's not quite so in the UK.

    I agree with the rest of Legless's post though - it's not unreasonable for the landlord/landlord's managers to ask for entrance during a week day. If the dogs are soon to be out anyway, why not avoid a fight - my lease always included a clause about showing new tennants around with reasonable notice.

    I would say I think it's odd that the letting agency don't do evenings though - early evening was perfectly normal in London at any rate.

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  • Carebear.1981
    Beginner September 2008
    Carebear.1981 ·
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    I suggest you have a look on this website http://www.landlordzone.co.uk/forums/forumdisplay.php?s=aa6698a7de3ff6a322e03f8a86dd1a89&f=3

    I posted when I had similar problems when ending my tenancy. Ultimately, I was advised that regardless of the terms in my AST I was entitled to peaceful occupation and could refuse any and all viewings if I so wished. If the agents aren't prepared to accept a compromise of sending people in the evening to do viewings then there is going to be a void period at the end of your tenancy and this is not your problem.

    You should not have to take time off work because it's convenient for them and you have been reasonable in offering an alternative.

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  • S
    Scarlet Fifi La Voom ·
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    Thanks I will have a look at that!

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  • A
    anna belle ·
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    Another vote for the landlordzone.co.uk forums.

    We had this exact same thing happen in our last rented house. Don't be bullied by the agents! They will tell you you have to let them in, but from the advice I was given - you don't. Like someone said above, you are entitled to 'quiet enjoyment' of the property. Which means that you should be left in peace. It doesn't matter what your AST contract says, the law is above a contract, and some of the contacts have unforcable clauses.

    The access you give the landlord, for inspections or for emergency is different to letting buyers around. The first 2 benefit the tenancy and the flat, but letting buyers round only benefits the landlord. It's your home, you may not own the house, but I bet you pay a good amount each month for it. You pay your rent and should be allowed to live peacefully.

    I let a couple of viewings round my last rented house - but only on my terms. But be careful, as sometimes they take the micky and if you let a couple of people in, they start bombarding you with lots of viewings. We had to say no in the end, but the estate agents still turned up on our moving day (without appointment) and tried to get in for a viewing - I told them to go away!

    I must admit I feel quite passionatly about this - nobody wants their home invaded - when they are paying full rent to be able to live in a house. If you're happy to do it on your terms, then thats fair enough and I think you've been very fair. We've been bullied by agents in the past and a friend of mine has been threatend many times, when the law has been on our side.

    I hope you manage to get it sorted x

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  • F
    Beginner July 2003
    Fimble ·
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    I don't think you are being unreasonable at all. There is no reason why you should take leave from work to accomodate viewings, and no reason why you should move your dogs. You have offered a reasonable alternative.

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  • S
    Scarlet Fifi La Voom ·
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    Thanks for all the replies, I will see what they are like tonight when they come and show someone around, which will be a laugh as almost everything is down stairs and will hardly be able to move ?

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  • S
    Scarlet Fifi La Voom ·
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    Well what @rseholes! Their appointment was 5 today so we made sure we where home in time and hovered etc. 5.05 came, 5.10 come, 5.15 come so H called them. He spoke to the lady I spoke to yesterday and she says that the appointment is tomorrow. H tells her that Friday was no good, and that I told her yesterday that it was not possible. Then she looks and says, oh sorry that appointment was cancelled by the person who wanted to have a look around. H then had a stern word and said that a phone call would have been nice. Stupid people! If this is what is going to happen then they can forget it, they can wait until we move out!

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  • A
    anna belle ·
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    OMG this also happened to us! The first appointment the estate agents agreed with us to look round the house, they didn't turn up.

    We were the same as you, it got to 5 mins, then 10 mins - finally 20 mins after the appointment time we called them and they said - oh the appointment has been cancelled. No call at all. Or apology. We'd done extra tidying just for the appointment too (we were also boxing things up). I wouldn't have minded if it was my house, but as it had no benefit to us whatsoever I was fuming!

    I think after they have done that to you, you shouldn't give them much leeway, they clearly don't appreciate that your helping them out!

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  • S
    Scarlet Fifi La Voom ·
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    The thing is I dont want to difficult because the land lord is such a nice guy and has been really good and nice to us, and is really sad to see us go as we have been no problem. But the more I tell people at work about this, the more they arent shocked as they have such a bad name.

    We can do anytime over the weekends and next week, after 5 monday and tuesday next week as I have got appointments next week. Dont think they are going to be happy with that, but thats tuff! Any other day we can do after 4pm.

    Thanks for all the advise and views!

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  • S
    Beginner September 2007
    Sparklywug ·
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    About 5 years ago I was moving out of a house because it was damp. It was damp and horrible! I was willing to have viewings, even if I wasn't there as long as I was given 24 hours notice...

    One morning I woke up and heard talking.... and realised the estate agent and two people viewing the flat were standing at the end of my bed!

    No more viewings after that until we moved out. Well, not that I know about anyway....

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