TENANCY - I want the exercise my right to "quiet enjoyment" & refuse landlord access

[Laurieloo2]

I recently gave my LL my one months written notice, since then she has been unreasonable and outright bitter. She's never been a great LL, didn't lodge our deposit for 6 months but lied and said she did, had water leaks left or months, had sever leaky roof for 7 months deeming rooms in habitable. We are out of our fixed tenancy and on a rolling contract, LL put house on the market in February and we have allowed ALL viewings even though technically not obliged to as we were not given notice to leave. Since then we decided to move and now have 3 weeks left until we leave. Since we have given our notice things have gone sour. She deliberately gave us a bad reference in an attempt to loose our new property, we have had to give estate agents proof that we paid rent on time, that we keep it clean and tidy etc to luckily save our new tenancy. She also gave keys to estate agents and told then they can appear at the property any time without our permission and let themselves in.

I should say say there is a clause in our contract that reads something like we permit perspective tenants or buyers to viewings at reasonable times, but this doesn't warrant people having keys and letting themselves in whenever they like with us not being given notice. So agents have turned up and let themselves in the house while my toddler was in bed, my toddle who has a broken leg I may add. Yesterday I'm hanging washing in the garden whilst my toddler is in her room (in a bungalow) when I hear "mummy mummy!!" Because their is a stranger in our house and having a broken leg she can not move and She's obviously terrified!

Apologies for the long post but need to get the facts out there, what I need to know is can I refuse all viewings now despite the clause in my contract as I'm safeguarding my toddler for one??

secondly because my rights have clearly been infringed, no one should be allowed to enter the property without my consent especially without notice can I now refuse all viewings and exercise my right to "quiet enjoyment"??!!

My LL has said she will be doing viewings all bank holiday weekend whether I agree or not, whether I'm home or not, at any and all times she wishes and have no right to an opinion in it. I should add I'm not interested in keeping thing amicable, it's gone past that, don't need her for reference now or any other such thing (just my deposit to worry about now!) just want to know whether I have the right to refuse her access and whether she can do anything about it and then I am can leave in less then 3 weeks and never look back!

I want to refuse all viewings now because of people just letting themselves in, but I need something concrete and to quote legal referencing please?? Really hope someone out there can help me as I'm at my wits end!

[Laurieloo2]

Re: TENANCY - I want the exercise my right to "quiet enjoyment" & refuse landlord acc

I might add also that LL also today tells me she's going on holiday and has given estate agents (7 of them) my number to contact for viewings, she did not get consent from me to give my personal number to people so isn't this also and infringement on my rights to privacy and data protection?? As well as the gas safety now being 3 months overdue. Any help or advice is welcomed, I'm in desperate need for help with this; she's making every day a misery for us.....

[Laurieloo2]

Re: TENANCY - I want the exercise my right to "quiet enjoyment" & refuse landlord acc

I might add also that LL also today tells me she's going on holiday and has given estate agents (7 of them) my number to contact for viewings, she did not get consent from me to give my personal number to people so isn't this also and infringement on my rights to privacy and data protection?? Any help or advice is welcomed, I'm in desperate need for help with this; she's making every day a misery for us.....

[enquirer]

Re: TENANCY - I want the exercise my right to "quiet enjoyment" & refuse landlord acc

You cannot refuse access to viewers, but can certainly do so if it is unreasonable. Giving unrestricted access to 7 estate agents and dishing out keys in this fashion is unreasonable. Allowing strangers access to a child in this fashion doubly so.

Whether you could restrict access to when you are present is debatable, even though this is undeniably unpleasant. They should not interfere with your possessions however.

You might write to the landlord, and to all the estate agents, reminding them of their obligations regarding reasonable behaviour. If you were to outline the incident involving the child, this should give them pause for thought (make it clear that you are referring to 'child protection issues'). If they ignore it and there is a another incident, then you may have grounds for action.

That said, if there's only 3 weeks to go, is it worth it? It might be best to just grin and bear it, and then leave.

What you could do in the meantime, is simply bolt the door. If there are any complaints, then (1) you were not told in advance of the view, and (2) have good grounds to take precautions after the previous incident involving the child.

It might be wise to get your paperwork ready, as she may not return your deposit voluntarily. Consider taking photographs of the interior to prove that it was left tidy, lest she make some unfounded allegation.