Tenants facing frequent viewings of their rented property before moving out have more rights than they might expect, according to legal expert Dean Dunham.
While landlords can arrange viewings when a tenant gives notice to leave, they must provide reasonable notice and conduct these viewings at sensible times. Tenants benefit from the legal principles of 'quiet enjoyment' and 'exclusive possession,' meaning the property remains under their legal occupation until the tenancy ends.
Many tenancy agreements include a clause permitting viewings in the final weeks. However, even with such a clause, landlords and agents are obligated to give tenants at least 24 hours' written notice before each viewing. The frequency and timing of these visits must also be reasonable, not disruptive to the tenants' lives.
If a tenancy agreement does not contain a specific clause for viewings, tenants have the right to refuse all viewings until they vacate the property. Should a viewing clause exist, tenants cannot ban viewings outright but can take control of the arrangements. This involves politely but firmly communicating with the landlord and agent, stating that the current frequency of viewings is unreasonable and disruptive.
Tenants can propose limits, such as one viewing slot per week, scheduled on a day and time that suits them, with the required 24 hours' notice for each appointment. A calm and reasonable letter outlining these boundaries is presented as the most effective method for tenants to manage the viewing process.
This guidance comes as a reader expressed frustration after their landlord arranged numerous viewings of their flat, citing the disruption to their evenings and weekends as they prepared to move out in six weeks due to a rent increase. The agent had reportedly shown around at least 15 prospective tenants.