This is a question to the blog clinic from Ellie who is a tenant in England.
My landlord asked to view the property with new tenants as stated in my contract I have to allow this after giving notice. The date she gave me I would be away and I told her no, but I was happy to make another date when I was in .
She then became very stroppy and said she had a legal right to gain access whether I was in or not. Is this the case?
Answer
All tenancies have a clause implied into their tenancy agreements (i.e. it is always there whether it is in the written document you signed or not) called the ‘covenant for quiet enjoyment’.
This is the right for tenants to live in their property in peace without interference from anyone, including (and in particular) their landlord.
If the landlord enters the property without your permission, or harasses you to allow them access, then this is a breach of the covenant of quiet enjoyment. Breach of the covenant of quiet enjoyment is a breach of your contract and ultimately is something you can sue for compensation for.
If your tenancy agreement provides for your landlord to access the property to show around future tenants, then this does not mean she can come round whenever she likes! You need to give her access but are entitled to insist that it is at a time convenient for you.
So long as you are prepared to allow the landlord access at a mutually agreed time, then that is sufficient to satisfy your obligations under your tenancy agreement. It is only if you refuse to allow her access at all, that you will be in breach of your tenancy agreement.
Even then, this does not mean that the landlord can use her keys to enter without your consent! It means that she can apply to the Court for an injunction requiring you to give her access.
However, if you are willing to work with her to agree a mutually convenient access time, this is not something you need to worry about.
Make sure you keep a record of your correspondence with your landlord so you can prove this if necessary.
