# Allowing landlord to show apt if I still live there?



## beffers (28 Jul 2011)

The lease on my apartment is up on September 1st. I am about to give the estate agent (who acts for my landlord) 30 days notice that I do not intend to renew the lease. Under the terms of the lease, during my last month of residency I am obliged to allow the landlord/estate agent to enter the property to show it to prospective new renters.

The wording of the lease is as follows

_" With one month prior to the termination of this Agreement, the Tenant agrees to permit the Landlord or his agent to enter the Property for the purpose of showing it to prospective tenants, at any reasonable time and by prior appointment "_

I am ok with this on principle, but who determines the "reasonable time" of viewings? I have a fair amount of valuable stuff in the apartment, so I want to be there when strangers are traipsing through my home. As a result, I do NOT want the estate agent to show the apt when I am not there. I would prefer that viewings are done during the day. Evening viewings are very inconvenient for me, but I am aware that evening would suit people who work, so I am willing to be a bit flexible in that regard. 

But how much lee way do I have in putting my foot down if they call, and say they want to show the apt at a certain time/day but that does not suit me?  If I mandate (for example) that I will only facilitate viewings on Tuesdays and Thursdays from 10-11 and 6-7, can I do that? If the estate agent gets thick with me and ploughs ahead with a viewing that I do not agree to, what recourse do I have?

I am aware that this is a business. I do not want to willfully stop someone from doing their job, or the landlord from being able to pay his mortgage from the rent paid by a new tenant. However, this firm of estate agents have been a nightmare for me deal with from day one. The landlord had gone back on several commitments to replace/repair broken furniture and appliances and leaks in the ceiling. I do not think that I owe any of them a damm thing.


----------



## L0llip0p (28 Jul 2011)

As a LL, I'd try to be flexible with my tenants on this. Its difficult because you do have to bow to prospective tenants suitability or else you lose them.

With regard the valuables, given that your departure is relatively soon, would you consider starting the process of packing these items away sooner rather than later, simply for peace of mind on that front. 

If the LL or agent could do the times that suit you best, I'm sure they would but everyone runs to a different schedule so its next to impossible to achieve that. It is realistic that you may get short notice but that you should be consulted on each occasion that the time slot is suitable for you too. 

Noone should enter the place without your knowledge or consent.

As a LL, I only ask 2 things when in comes to viewings: cleanliness of property and flexibility. Generally, I get the latter but sadly, never the first one


----------



## beffers (28 Jul 2011)

L0llip0p said:


> Noone should enter the place without your knowledge or consent.



So if they want to do a viewing at a certain time, and I flat out refuse, I am legally entitled to do so?


----------



## L0llip0p (28 Jul 2011)

As you have already stated, lease has following criteria which both must hold true:

it must be a reasonable time
AND 
by prior appointment

_"the Tenant  agrees to permit the Landlord or his agent to enter the Property for  the purpose of showing it to prospective tenants, at any reasonable time and by prior appointment_"

So if it aint by appointment, they cannot enter premises strictly speaking.

If LL could demonstrate that they did make a reasonable effort to communicate with you and to suit with your availability and were still denied, you could be in danger of voiding the lease through deliberate obstruction therefore allowing him onto premises. I guess it depends on other wording

i.e. LL says 2pm, you can only do 1pm, LL says ok 6pm, you say no, LL says 1pm next day, you say no and so on


----------



## badbrian (28 Jul 2011)

Another thing to consider here is whether your landlord will want you following the estate agent and the prospective tenants from room to room, which is what I guess is what you would have to do in order to be certain your valuables are safe.

I would have thought they'd have preferred you out of the dwelling for the duration of the viewing, even if that is just outside the door. You might want to check what their understanding of the situation will be.


----------



## beffers (28 Jul 2011)

L0llip0p said:


> If LL could demonstrate that they did make a reasonable effort to communicate with you and to suit with your availability and were still denied, you could be in danger of voiding the lease through deliberate obstruction therefore allowing him onto premises. I guess it depends on other wording



So if I mandate at the very beginning that the apt is available to view Tuesdays and Thursdays from 10am-11am and 6pm-7pm, would that be deemed to be _reasonable_ on my part? I think that it is. That way we all know where we stand in advance, and it eliminates all back and forth phone calls between me, the estate agent and prospective renters trying to figure out when we are all available.


----------



## oldnick (28 Jul 2011)

Pre-arranging two one-hourly visits on two seperate days - total 4 hours - seems fine, except maybe a bit unreasonable if ,after Thursday, they couldn't shown the apt until five days later on a Tuesday. Perhaps- WED/SAT? THUR/MON?


----------



## beffers (31 Jul 2011)

Thanks oldnick, yes it does seem fairer to allow viewings a bit more spaced out, and on at least one weekend day.


----------



## oldnick (31 Jul 2011)

Actually beffers ,as you are being so fair -and the LL hasn't been that good, you could say -if you would be more than entitled to say - "if you want to visit at any other time then I want XYZ euros."
As a LL I'd think that would be fine. And I'm a great LL !


----------



## beffers (31 Jul 2011)

LOL. I LOVE that idea, but as the LL makes Scrooge look like a big spender, I really don't see that happening. His refusal to replace some of the really old and shabby fixtures and fittings and furniture in the apartment is one of the reasons I am leaving.


----------



## homebird (7 Aug 2011)

So the landlord is showing an apt with leaks, broken furniture and broken appliances? You might have to endure a number of viewings as the first person to walk through the door probably won't take it!


----------

