Can I refuse end of tenancy viewings?

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gbmds2500
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My tenancy ends the end of June and the contract stated:

" During the last two months of the Tenancy, upon a minimum of 24 hours prior notification, to permit the Premises to be viewed during working hours and or at other reasonable times including at week-ends by prospective Tenants or purchasers who are authorised to do so by the Landlord or the Landlord's appointed Agent. Except where mutually agreed otherwise with the Tenant, the Landlord or the Landlord's authorised Agent or representative will accompany these viewing appointments."

So what happened last week was that they arranged 2-3 sets of people everyday from Mon to Sat (11am-6pm), and I only turned one viewings down because we had our cleaner scheduled at the same time. As I am having take home exams I kindly and politely asked them if it is possible for me to pick one or two days for them to arrange viewings, and they agreed orally (I emailed them my request by they talked to me face2face during a viewing). And I suggested the day that I'm fine with last week, for this week's viewings, and they were fine with it. I also said stuff like we can discuss it if you need other times etc.

But on Sat they arranged a meeting on Mon, which is not the day I suggested, and I had a appointment, so I cancelled the viewing in advance. But on Mon the agent just showed up with his clients, and said he sent me an email. I checked my email he said 'We do have a set of keys to let ourselves in.', just like two hours prior. And this totally ****ed me off cos they never asked if they could entre the property when I am absent, and I have already said NO to this viewing which means I do not give premission to entre.

So I send him an email again and said could you please stick to what we have discussed before and do not entre without my premission when I am absent. And he just replied stating the clause in tenancy agreement I quoted in the beginning. BUT the problem is they entred without my premission and some notices were not even sent 24h in advance.

I tried to make a appointment with college housing advisor but the earliest appointment is next week.

So my first questions is how many viewings /week are reasonable? Can I refuse viewings or ask them to reschedule if the time is inconvenient for me even it is stated on my contract? Can I suggest day and time for viewings and ask them to stick with it?

My second question is can I not give them premission to entre my flat when I'm absent?

Thank you so much for your advicexx
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blackthorne
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Because it's in your tenancy agreement you do have to do the viewings, but you still have the final say on when they're allowed to come in, and they're not just allowed to come round any old time. That is explicitly illegal.

By law they MUST give you written notice at least 24 hours before entering the premises. This is a legal requirement and so it doesn't matter one iota what is written in your contract. The law doesn't work that way, and regardless of what they think they are in fact beholden to the law. And they have already broken it.

My advice would be to contact Shelter ASAP who can tell you more about this, then send them a letter that states that they have broken the law, so moving forward you will no longer be allowing viewings outside of specific times. Tell them you have sought legal advice and if they continue to violate your rights then you will take legal action.

If they try to pull that "it's in the contract so you have to" politely remind that they cannot supersede the legal system simply by sticking a sentence into a tenancy contract. If they stuck a line in saying they're allowed to murder you at the end of your tenancy it doesn't mean they're allowed to after all!
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martin7
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#3
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(Original post by gbmds2500)
So my first questions is how many viewings /week are reasonable? Can I refuse viewings or ask them to reschedule if the time is inconvenient for me even it is stated on my contract? Can I suggest day and time for viewings and ask them to stick with it?

My second question is can I not give them premission to entre my flat when I'm absent?
From the clause you quoted, you've already granted permission for the viewings by signing the contract. There's nothing I could see that allows you to refuse the viewings or allows to to ask them to reschedule. And there's nothing that says you can refuse permission to enter the flat when you're not there.

I imagine you could refuse permission if a viewing took place without you having had 24 hours notice.

But I'm not a lawyer and the above is not legal advice.
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gbmds2500
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#4
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(Original post by blackthorne)
Because it's in your tenancy agreement you do have to do the viewings, but you still have the final say on when they're allowed to come in, and they're not just allowed to come round any old time. That is explicitly illegal.

By law they MUST give you written notice at least 24 hours before entering the premises. This is a legal requirement and so it doesn't matter one iota what is written in your contract. The law doesn't work that way, and regardless of what they think they are in fact beholden to the law. And they have already broken it.

My advice would be to contact Shelter ASAP who can tell you more about this, then send them a letter that states that they have broken the law, so moving forward you will no longer be allowing viewings outside of specific times. Tell them you have sought legal advice and if they continue to violate your rights then you will take legal action.

If they try to pull that "it's in the contract so you have to" politely remind that they cannot supersede the legal system simply by sticking a sentence into a tenancy contract. If they stuck a line in saying they're allowed to murder you at the end of your tenancy it doesn't mean they're allowed to after all!
Thanks for you reply! It really backed me up, I will contact shelter to see how to followup.
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gbmds2500
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#5
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(Original post by martin7)
From the clause you quoted, you've already granted permission for the viewings by signing the contract. There's nothing I could see that allows you to refuse the viewings or allows to to ask them to reschedule. And there's nothing that says you can refuse permission to enter the flat when you're not there.

I imagine you could refuse permission if a viewing took place without you having had 24 hours notice.

But I'm not a lawyer and the above is not legal advice.
Well this is actually why I am confused whether I could or not refuse them because some people say as tanent I always have my right of quiet enjoyment, which means no entry without my premission, even for means of viewing or inspection etc,. And I have to say arranging so many viewings actually disrupts my life, as I have to prepare for it and having ppl coming in and out and stuff. I guess I have to consult a advisor. Thanks for the help
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londonmyst
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#6
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Do you have any medical issues or vulnerabilities that could put you at a much higher risk of severe covid complications?
I'll never understand why so many landlords and their agents are willing to risk so many people's health with physical viewings of tenanted premises during the pandemic.
An online viewing or pre-recorded video tour is much more convenient and safer.

You can refuse but odds are the agents will just ignore you and use their keys to let themselves in.
Unless you test positive for covid and leave a note on the front door.
Or cancel because you are ill inside the property and mention having multiple covid symptoms, in which case they are likely to steer well clear to avoid getting infected themselves.
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gbmds2500
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#7
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(Original post by londonmyst)
Do you have any medical issues or vulnerabilities that could put you at a much higher risk of severe covid complications?
I'll never understand why so many landlords and their agents are willing to risk so many people's health with physical viewings of tenanted premises during the pandemic.
An online viewing or pre-recorded video tour is much more convenient and safer.

You can refuse but odds are the agents will just ignore you and use their keys to let themselves in.
Unless you test positive for covid and leave a note on the front door.
Or cancel because you are ill inside the property and mention having multiple covid symptoms, in which case they are likely to steer well clear to avoid getting infected themselves.
unfortunately no, but you do remind me that I can probably get a quote from my therapist, I will see how things go and if get one if necessary. And I totally agree with you on online viewings are much better! It did happened once but it's not a prerecorded one, so the agent came in and facetimed someone... which doesnt make sense at all. Thanks for help!!
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