Tenants unhappy with the frequency of viewings arranged by their landlord before they move out have legal recourse, according to legal expert Dean Dunham.
While landlords can request viewings in the final weeks of a tenancy, especially if a clause in the agreement permits it, tenants are protected by the 'covenant of quiet enjoyment' and the right to 'exclusive possession' of the property. This means the property remains legally theirs until the tenancy officially ends.
Landlords and agents do not have an automatic right to enter the property with prospective tenants whenever they choose. Even with a viewing clause, reasonable notice must be given, typically at least 24 hours in writing. Furthermore, viewings must be scheduled at reasonable times, and the frequency should not be overly disruptive.
If a tenancy agreement does not include a specific clause allowing viewings, tenants are within their rights to refuse all viewings until they vacate the property. Should a viewing clause exist, tenants cannot outright ban viewings but can negotiate reasonable limitations. This can involve proposing a set number of viewings per week, on a specific day and time that suits the tenant, with the required 24 hours' notice for each appointment.
Dunham advises tenants to communicate these boundaries politely but firmly in writing to both the landlord and the agent. A calm, reasonable letter setting clear limits is presented as the most effective method for managing viewings during the final stages of a tenancy.