Hello, thank you for your question. My name is ***** ***** I should be able to assist with this.
Is there any mention in the tenancy agreement/lease agreement, as to what rights of access the landlord would have?
Usually, it would say something like reasonable access for such purposes as arranging viewings. Does your lease saying anything like this?
nothing about viewings, just the following: That the Landlord or any person authorised by the Landlord may at reasonable times of the day on giving 24 hours’ written notice, (unless in the case of an emergency) enter the Property for the purpose of inspecting its condition and state of repair. The Tenant shall permit the Property to be viewed on reasonable notice (of at least 24 hours) at all reasonable times during the final weeks of the Tenancy
Okay. That would seem to be a very important clause.
It looks as though access to the property for the purposes of viewings only take place in the final weeks (although how many weeks is not clear) of the tenancy.
during the final weeks of the Tenancy being the most important, we have just started the new 12 month lease.
Given that you have just signed a 12 month lease, you are not anywhere near the final weeks of the tenancy, and it looks as though there is no right at all to obtain access for the purposes of viewings.
correct and she is performing maintenance for sales purposes not for us.
Okay. Then perhaps you should consider doing a strongly worded letter to your landlord/landlady explaining that the access rights are limited the certain circumstances. You could, if you wished, take the view that you would like to be reasonable, and accommodate viewings, but that they ought to be much more limited.
Or alternatively, you could hold the landlord/landlady to the strict terms of the lease itself.
She is not nice, so I think we want to hold her to the strict terms of the lease. Personally my wife and I are keen to serve notice ourselves. It says in the lease that both parties need to provide one months notice (regarding notice), as our break is two months this would mean if we served notice today, we would leave in 3 months?
Then she could actively start a reasonable number of viewings in the last 4 weeks?
Okay. Holding the other party to the lease terms is your entitlement.
And then yes, there would be an entitlement it would seem, to allow viewings in the last weeks of the tenancy. I think the last four weeks is a sensible way of interpreting that right.
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what is a landolords reasonable notice period and how many viewings per week in the last few weeks are acceptable? do we have to live through a 2 day open house, which she has planed
It's difficult to say what is reasonable, one judge may say different thing to the other. In my view, it would be reasonable to have two viewings a week, possibly three, but unlikely to be more than that.
Insofar as an open house is concerned, this might be considered reasonable if only wants, most twice, in the final four weeks of your term. It is, however, incredibly difficult to say what one judge might find reasonable in the given circumstances.
and a two day open house
can she force us to endure a 2 day open house and can she legally market photography of the house with our person effects in it?
It does sound rather harsh, a two-day open house, and in my view, that would be unreasonable. As in essence, is requiring you to be in the house to 2 days continuously, to show third parties around.
Photographs of the property can be taken, including with your personal effects, so long a things things like photographs or things which personally identify you, are not included.
Are you still there?
Can I ask whether you are happy with the service this evening please?
happy thank you