| Author |
Message |
muskaan
Joined: 21 Oct 2009 Posts: 8
|
Posted: Thu Oct 22, 2009 1:46 pm Post subject: estate agents viewing access |
|
|
| Can we refuse an agent for viewing until we are in the property since the landlord is not willing to renew the contract since he doesnt want to lose a month rent ? |
|
| Back to top |
|
 |
Bluey Community Moderator
Joined: 21 Mar 2006 Posts: 5644
|
Posted: Thu Oct 22, 2009 2:11 pm Post subject: |
|
|
Your message is garbled but if you are asking whether you have to allow viewings of a property where you are a tenant, the answer is no but you might get a stinking reference for not facilitating this.
Housing law enshrines the right to 'quiet enjoyment' of a property and landlords and their representatives are obliged to give notice and receive permission back from the tenant to access the property in all instances other than an emergency.
This statutory right overides any clause in the tenancy agreement that tells the tenant they must allow viewings or access. |
|
| Back to top |
|
 |
muskaan
Joined: 21 Oct 2009 Posts: 8
|
Posted: Thu Oct 22, 2009 2:35 pm Post subject: |
|
|
| Actually I am renting a property. feel that the agent has been charging me really high price for the check and evrything. It cost me £200 and the rent I was paying for a bedroom flat was £780. Enquired with some of the nighbours noone was paying such a high rent. I wasnt aware of the rental market price. I have requested to lower the rent. The agent told me to vacate the property since they are sure they can find other tenants for that price. Since I am going for holidays for a month would be pointless for me to pay them the rent for a month. That's why suggested to start the new contract as when I am back. The agent replied back as if they dont need me anymore they will find tenants willing to pay this price and has asked me to vacate the property and told me that they will be marketing the property and that they would be doing viewings. Thats why I wanted to enquire whether I can refuse them access for doing any viewings. But since would need their reference for the next place I am pretty helpless with all their demands. The law really doesnt support tenants |
|
| Back to top |
|
 |
montyzuma Community Moderator
Joined: 25 Jul 2007 Posts: 7556
|
Posted: Thu Oct 22, 2009 2:39 pm Post subject: |
|
|
| au contraire the law supports tenants fine |
|
| Back to top |
|
 |
muskaan
Joined: 21 Oct 2009 Posts: 8
|
Posted: Thu Oct 22, 2009 2:45 pm Post subject: |
|
|
| you cannot argue anything with the agents. All they will tell you is to leave they can find other tenants. And now you have to go and find another place. clean that up. In this case i can refuse them access but then at the end of the day i will be losing since when will need their reference for the next property. Also, the roofs has been stained due to condensation I am afraid that they will end up charging me from my deposit |
|
| Back to top |
|
 |
Bluey Community Moderator
Joined: 21 Mar 2006 Posts: 5644
|
Posted: Thu Oct 22, 2009 4:02 pm Post subject: |
|
|
| muskaan wrote: | | Also, the roofs has been stained due to condensation I am afraid that they will end up charging me from my deposit |
If this moisture was caused by tenant lifestyle (failure to adequately heat or ventilate the property) rather than a maintenance defect (leaking pipe) then a landlord is justified at making a deduction from a deposit. A tenant is responsible for all damage they have done by accident or through negligence. |
|
| Back to top |
|
 |
Bluey Community Moderator
Joined: 21 Mar 2006 Posts: 5644
|
Posted: Thu Oct 22, 2009 4:13 pm Post subject: |
|
|
| muskaan wrote: | | Actually I am renting a property. feel that the agent has been charging me really high price for the check and evrything. It cost me £200. |
Agents can charge what they wish - its up to the consumer to accept this or find a different agent or property that suits their budget or to find a landlord directly who doesn't use an agent. Nobody forced you to live there.
| muskaan wrote: | | the rent I was paying for a bedroom flat was £780. Enquired with some of the nighbours noone was paying such a high rent. I wasnt aware of the rental market price. I have requested to lower the rent. The agent told me to vacate the property since they are sure they can find other tenants for that price. |
All tenants are free to perform research to understand the market rate and to negotiate a reduction if they wish. Nobody forced you to be ignorant about the market rent for the area - this is very easy to identify by looking at adverts for similar sized properties in the same area.
if the place is overpriced, in your opinion, it should be easy for you to find a place that is more fairly priced and save money. The agent and landlord will just suffer from their over optimism when the property you vacate is not filled and they experience a long void period when its empty.
Look at the Shelter website to understand your rights.
| muskaan wrote: | | Since I am going for holidays for a month would be pointless for me to pay them the rent for a month. That's why suggested to start the new contract as when I am back. |
I don't understand what you mean. You haven't assumed that you don't need to pay rent when you go on holiday?! A tenant is obliged to pay rent during the term of their tenancy, their occupation in it is irrelevant...
If your fixed term contract is about to expire, the agency/landlord may not want it to become a periodic tenancy which automatically happens when a contract 'runs out' and the tenant is still living in the property. This means they have to give you 2 months notice, timed with when the rental period expires, and could be a reason why they are pressurising you to either sign a new contract or leave. They probably prefer you to commit to a new contract.
Have a look at the Shelter website to understand how tenancies, both fixed term or period, are ended. |
|
| Back to top |
|
 |
muskaan
Joined: 21 Oct 2009 Posts: 8
|
Posted: Fri Oct 23, 2009 9:27 am Post subject: |
|
|
| But then if the property is not painted against mould for sure the property would start to have stains due to condensation. There is very little we could do about it. One way of reducing condensation is by keeping the room ventilated but that doesnt prevent condensation from forming. Its only if the property is painted against mould that it wont have this problem. Would this still be the responsibility of tenants? Actually my contract was about to terminate and instead of me paying a full month rent preferred renewing the contract when I will be back. But the agent is too confident that they can find other tenants accepting to pay that much. Could you please advice any agencies which do not charge so high fees and which are reliable where I can find myself another property? Thanks |
|
| Back to top |
|
 |
montyzuma Community Moderator
Joined: 25 Jul 2007 Posts: 7556
|
Posted: Fri Oct 23, 2009 9:35 am Post subject: |
|
|
One way of reducing condensation is by keeping the room ventilated but that doesnt prevent condensation from forming.
In my experience it does
Could you please advice any agencies which do not charge so high fees and which are reliable where I can find myself another property?
have a look about gumtree accomodation |
|
| Back to top |
|
 |
Bluey Community Moderator
Joined: 21 Mar 2006 Posts: 5644
|
Posted: Fri Oct 23, 2009 3:16 pm Post subject: |
|
|
| muskaan wrote: | | But then if the property is not painted against mould for sure the property would start to have stains due to condensation. There is very little we could do about it. One way of reducing condensation is by keeping the room ventilated but that doesnt prevent condensation from forming. Its only if the property is painted against mould that it wont have this problem. Would this still be the responsibility of tenants? |
Properties shouldn't need to be 'painted against mould'. Ways to minimise the vapour that leads to condensation and mould includes opening windows when cooking/after a bath or shower, using fans/vents, keeping the place heated, not drying wet washing indoors, putting lids on saucepan and so forth. All quite simple steps to prevent it in the first place. |
|
| Back to top |
|
 |
muskaan
Joined: 21 Oct 2009 Posts: 8
|
Posted: Fri Oct 23, 2009 3:34 pm Post subject: |
|
|
Check this website http://www.mygreathome.com/fix-it_guide/roof_leak.htm
It clearly tells you that ways to reduce condensation is through ventilation etc. But for it not to happen one need to a vapour barrier or need to paint with an insulating primer. So its kind of clear that if a property doesnt have vapour barrier or insulating primer condensation would build up and the ways to reduce it and not prevent it is thru ventilation etc |
|
| Back to top |
|
 |
colin44

Joined: 07 Jan 2009 Posts: 338 Location: Bristol
|
Posted: Sat Oct 24, 2009 11:18 am Post subject: |
|
|
Colins tip of the week ....
One of my houses has a problem with condensation on the bathroom ceiling. This has been going on for about 5 years. There is a window and an extractor fan but the problem still exists ( or it used too !!! )
After repainting the ceiling many times I decided to get tough with it ... And here is what I did ......
I used ''B+Q Brilliant White Smooth Masonry Paint'' . This has been up for about a year ..... And it still looks good and no sign of condensation.
This will help !!!!!!!!!
Colin |
|
| Back to top |
|
 |
mutley1

Joined: 19 Dec 2008 Posts: 434 Location: wacky races
|
Posted: Thu Oct 29, 2009 3:07 am Post subject: |
|
|
| muskaan wrote: | | The law really doesnt support tenants |
Yes it does, unfortunately it unfairly supports tenants at the detriment of the landlord.
You can not stop viewings just to be obstructive so that you can go on holiday and not pay the rent and prevent the property being rented out during that month.
The landlord has a right to avoid any void in letting and so he is entitled to show prospective tenants round within the last month of occupancy. Of course he has to give you notice and you may be obstructive and refuse access, but two can play at the game as he can withold the reference and can become very pedantic at charging for damages that he may otherwise overlook if you left on good terms with him. |
|
| Back to top |
|
 |
colin44

Joined: 07 Jan 2009 Posts: 338 Location: Bristol
|
Posted: Thu Oct 29, 2009 7:29 am Post subject: |
|
|
| mutley1 wrote: | | muskaan wrote: | | The law really doesnt support tenants |
Yes it does, unfortunately it unfairly supports tenants at the detriment of the landlord.
You can not stop viewings just to be obstructive so that you can go on holiday and not pay the rent and prevent the property being rented out during that month.
The landlord has a right to avoid any void in letting and so he is entitled to show prospective tenants round within the last month of occupancy. Of course he has to give you notice and you may be obstructive and refuse access, but two can play at the game as he can withold the reference and can become very pedantic at charging for damages that he may otherwise overlook if you left on good terms with him. |
Well said.
I have told my 'Mortgage Company' that I am going on holiday over Christmas and want 6 Mortgages stopped for that period!!!!!!
I am still waiting for a reply .... Do you think that they will say YES ?!?!?!
Colin |
|
| Back to top |
|
 |
mutley1

Joined: 19 Dec 2008 Posts: 434 Location: wacky races
|
Posted: Fri Oct 30, 2009 9:31 pm Post subject: |
|
|
| colin44 wrote: | | I used ''B+Q Brilliant White Smooth Masonry Paint'' . This has been up for about a year ..... And it still looks good and no sign of condensation. |
Sounds like a good idea. I've used mould resistant paint in the past which is good to a limited extent. I will try your masonry paint idea one day and see if that is better.
Guess it would work as this is exterior paint is designed to be tough against the rain and the damp. |
|
| Back to top |
|
 |
montyzuma Community Moderator
Joined: 25 Jul 2007 Posts: 7556
|
Posted: Fri Oct 30, 2009 11:41 pm Post subject: |
|
|
I have a stupid little front porch thingy which was built with a single brick
its north facing too
ie no cavity and no heating
every year it gets a wash down with anti fungal stuff and a coat of anti fungal paint but we stiill get black stuff growing up it
ill try your idea |
|
| Back to top |
|
 |
loopy2006
Joined: 27 Jun 2007 Posts: 20 Location: Feltham, TW14
|
Posted: Mon Nov 02, 2009 4:42 pm Post subject: viewings |
|
|
Most legal Tenancy Agreements clearly state that the Agent/Landlord can give 24 hours notice for access required for anything including viewings..
In an emergency the agent/landlord can access without notice..
I have an ARLA Tenancy and it clearly states they can give notice for access so at least you get 24 hours notice from them..
Tenants cannot refuse entry if notice is given so some of the comments on here are actually incorrect. |
|
| Back to top |
|
 |
Bluey Community Moderator
Joined: 21 Mar 2006 Posts: 5644
|
Posted: Tue Nov 03, 2009 12:25 pm Post subject: |
|
|
You are wrong Loopy. To verify this, post your query on the landlordzone forum where there are housing solicitors as members.
Statutory housing law over-rides any clauses in an AST. Housing law requires that landlords allow tenants quiet enjoyment of their property.
The clauses that appear in tenancy agreements can only be regarded as an obligation or courtesy on the part of the tenant to permit entry to the property when given notice.
In fact, a landlord or their agent cannot enter the property unless they give notice AND receive permission. The fact that they miss off the latter is quite telling but its there in the background in housing law anyhow.
On the one hand, a tenant should cooperate with visits (because housing law asks that they live in a 'tenant like' manner and facilitate repairs and so on). But on the other, they have the right to refuse access and some landlords get prosecuted or civil redress for harassing their tenants with unauthorised access.
Tenants can actually change the locks - while they are there, they have exclusive occupation of the property, a right to quiet enjoyment, and in fact, its actually their property from a legal perspective, not the landlords...
My personal opinion is that tenants have a moral, not legal obligation, to facilitate viewings by prospective future tenants. If they do not consent to viewings, they risk having a bad reference.
It never ceases to amaze me that some tenants complain about loss of privacy, inconvenience and security issues that come from letting others view when in fact they are happy to traipse round other occupied properties to find their onward accommodation. |
|
| Back to top |
|
 |
loopy2006
Joined: 27 Jun 2007 Posts: 20 Location: Feltham, TW14
|
Posted: Tue Nov 03, 2009 4:40 pm Post subject: |
|
|
Thanks for the reply, my partner is a solicitor working in housing for the Government.
Its not as clear cut as you say.
Quiet enjoyment of a property is not interferred with by requesting access on the odd occassion, its different if the Landlord/Agent is requesting access every week etc, etc.
Also, another thing is that an ARLA Tenancy actually has a clause which the tenant states, that in the last 6-8 weeks of the tenancy the tenant should allow access for viewings..once the tenant has signed that agreement they are legally bound by it..
But i guess its open to interpretation and everyone has a different view.
I agree with you about tenants who refuse access for viewings but then are happy to go viewing in other properties hahaha.. |
|
| Back to top |
|
 |
mutley1

Joined: 19 Dec 2008 Posts: 434 Location: wacky races
|
Posted: Tue Nov 03, 2009 8:08 pm Post subject: |
|
|
| loopy2006 wrote: | | Quiet enjoyment of a property is not interferred with by requesting access on the odd occassion, its different if the Landlord/Agent is requesting access every week etc, etc. |
I would agree and as you say, if a tenant has signed an agreement to do something then it is binding unless it is criminal of course.
I am a man of my word and I respect only those that keep to their word. That is, if I have agreed to do something, then I will keep to my word, whether it is law or not.
Therefore if a tenant has agreed to allow viewings within the last month of tenancy, they are likely to keep to their promise unless they are untrustworthy or the landlord has upset them so that the relationship has broken down.
With adequate notice, a landlord could enter a property if he has legitimate reasons to do so. However, an obstructive tenant may bolt the door and not reply to the door knock. They may also allow viewings but make the place really messy and dirty so that no one would take it.
It is important to maintain good relations between tenant and landlord at the end of the tenancy. This will profit both the tenant and the landlord as both parties have something to gain or lose here. |
|
| Back to top |
|
 |
|