Introduction
As a tenant, one of the common questions you might face is whether you have to allow viewings or access to your rented property, especially if the landlord is selling or renting it out to new tenants. It’s a tricky situation—after all, it’s your home! In this blog, we’ll break down your rights regarding viewings and access, focusing on Assured Shorthold Tenancies (ASTs) and other tenancy agreements.
Your Rights Under an Assured Shorthold Tenancy (AST)
If you have an Assured Shorthold Tenancy (AST), which is the most common type of rental agreement in England and Wales, your landlord cannot simply turn up unannounced or expect you to allow viewings whenever they like. The property is your home during the tenancy, and you have the right to ‘quiet enjoyment’ of the property. This means you should be able to live there without unnecessary interruptions.
Landlords can request access, but they must give you at least 24 hours’ notice in writing, and the access should be at a reasonable time of day. This applies whether they need to carry out repairs, inspect the property, or show it to prospective tenants or buyers. Importantly, even with 24 hours’ notice, you can refuse entry if it’s inconvenient for you.
Other Types of Tenancy Agreements
For other types of agreements, such as a licence to occupy (often used for lodgers), the situation can be different. If you’re a lodger, your landlord usually lives in the same property, and they have more rights to access your room. This is because the legal protections that apply to ASTs are not as strong for lodgers or tenants with other less common agreements.
Can You Refuse Viewings?
Yes, under an AST, you can refuse viewings. If your landlord wants to show the property to potential buyers or new tenants, they must still ask for your permission and give appropriate notice. However, if it’s not a convenient time, you’re within your rights to decline.
What About Emergency Access?
In emergencies, such as a fire, gas leak, or flood, the landlord does not need to give notice and can enter the property immediately. These situations are rare, but it’s important to know that emergency access is allowed to protect both the tenant and the property.
Conclusion
While your landlord has certain rights to request access, including for viewings, you have the right to refuse entry if the timing isn’t suitable. It’s always best to maintain clear communication with your landlord to avoid conflicts. At Tenant Angels, we focus on deposit protection claims, but understanding your rights as a tenant is always important. If you’re unsure about your rights regarding access and viewings, seek advice from a legal professional or tenant support service.
FAQ
No, unless it’s an emergency. Otherwise, they must give 24 hours’ written notice.
No, you are not obligated to allow viewings if it’s not convenient for you.
No, they must ask for your permission and respect your right to quiet enjoyment of the property.
While you can refuse access, it’s advisable to work with your landlord to arrange a time that works for both parties.
If you’re a lodger, your landlord may have more rights to access your room as they live in the property with you.
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Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice or a client-solicitor relationship. All information, content, and materials available on this website are for general information purposes only and should not be used as the basis for taking any specific course of legal action.