Allowing landlord access to property for valuation and viewing purposes

I would like some clarity on the relevant part of the legislation which says I do not have to allow estate agents and viewings into my rented property.

The situation is that I rent a property which the owners have very recently decided to sell. They have not served me any notice to leave as yet. I am willing to accomodate estate agents and viewings but only on convenient, mutually agreed terms.

I was disappointed last Friday to receive an e-mail from my landlord's agent advising me that estate agents are coming to value the property the following Monday and I need to allow access. There was no prior warning or consultation and I was about to go away fro the weekend. I decided to accomodate the request, so changed my plans, but I sent an e-mail to my letting agent stipulating that we are supposed to be 'asked' not 'told' that estate agents are coming and that a mutually agreed date needs to be decided. The letting agent's response was as follows:

   "Thank you for your email and for re-arranging to accommodate XXX(Landlord's) request for access.

 XXX(landlord) called my office on Friday afternoon and asked me to contact you all in respect of access, which allowed you 48 hours notice. As your tenancy states in clause 4.3.11.1 to 4.3.11.3 that your Landlord has to give 24 hours notice for access I  carried out his instruction and offered the option to contact me should there be a problem, so I feel that the situation was handled correctly within the parameters set out in your tenancy."

 

 I don't consider this response to be adequate or understaing of the hassle I have been put through. I think legally, the agent is wrong to tell me that things have been done correctly - my tenancy agreement makes no mention of allowing access for viewings or valuations, only for repairs and inspections - we already have a yearly inspection which has been done this year. To my understanding, clauses in the tenancy agreement have less standing legally than my right to 'quiet enjoyment' of the property and to be consulted about viewings. 

 

Can anyone give me an idea as to whether I have a valid complaint about how this is being handled? I am now worried that I am going to get more short-notice calls 'telling' me what I have to do. Also, a tenant in another of the flats here refused permission for these estate agents with no consequence!

 

If the tenancy agreement does

If the tenancy agreement does not stipulate access for viewings and valuations then you can permit ( or not) on such terms as you agree.

The issue is more practical - as no doubt a refusal will see notice served pretty quickly.

But on the other hand what if they enter whilst your not there?

Profile: retired barrister legal adviser with MOJ.

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