Can a Tenant Say No to Viewings? Legal Advice for UK Tenants

Can a Tenant Refuse Viewings in the UK?

In the UK, tenants have the right to quiet enjoyment of their rented property, which means they can live in the property without unreasonable interference from the landlord. This right plays a crucial role when it comes to property viewings, particularly when the landlord is selling or re-letting the property before the tenancy ends. While landlords often include clauses in the tenancy agreement regarding viewings, tenants have legal protections, and in many cases, they can refuse viewings or negotiate the terms.

Here’s what tenants and landlords need to know about the rules and rights around property viewings in the UK.

The Right to Quiet Enjoyment

One of the fundamental rights tenants have is the right to quiet enjoyment. This legal principle ensures that tenants can live in the property without disturbance, including from the landlord. This right extends to the issue of property viewings:

• No Unreasonable Interference: The landlord cannot show up unannounced or insist on frequent or disruptive viewings that interfere with the tenant’s day-to-day life.

• 24-Hour Notice: The landlord must give at least 24 hours’ notice before entering the property for a viewing or any other reason. This notice must be provided in writing (email or text messages are generally accepted) and should clearly state the reason for entry.

• Tenant Consent: Even with 24 hours’ notice, the tenant’s consent is still required. A tenant is within their rights to refuse or reschedule viewings, especially if the request is unreasonable or too frequent.

Can a Tenant Legally Refuse Viewings?

Yes, a tenant can refuse property viewings in certain circumstances. Here’s a breakdown of when a tenant may be able to refuse:

1. No Consent in the Tenancy Agreement:

   • If the tenancy agreement does not include a clause allowing for property viewings, the tenant can refuse viewings entirely until the tenancy ends. Landlords cannot insist on viewings without having prior agreement in the tenancy contract.

2. Disruption to Quiet Enjoyment:

   • Even if the tenancy agreement allows for viewings, the landlord cannot schedule them in a way that unreasonably disrupts the tenant’s life. If viewings are excessive or frequent, the tenant may refuse them, citing their right to quiet enjoyment.

3. Health and Safety Concerns:

   • A tenant may have health or safety reasons to refuse viewings, such as being vulnerable during a pandemic (e.g., COVID-19) or other situations where having multiple visitors to the property poses a risk.

4. Tenant Rescheduling:

   • While tenants can refuse viewings outright in certain situations, they often choose to negotiate and offer alternative viewing times that are more convenient. This keeps a balance between their rights and the landlord’s needs.

When Can a Landlord Insist on Viewings?

Landlords can request viewings, but they cannot force them. A few important points to consider:

• Tenancy Agreement Clause: If the tenancy agreement includes a clause that allows the landlord to conduct viewings, the tenant is generally expected to comply, provided reasonable notice is given. However, the tenant still maintains the right to negotiate the timing or to temporarily refuse under exceptional circumstances.

• End of Tenancy: Near the end of a tenancy, landlords may want to show the property to prospective new tenants or buyers. While a tenant can refuse viewings, it’s often best to negotiate reasonable terms, such as limiting viewings to specific days or times.

• Eviction Proceedings: If the tenant is facing eviction and the property is being shown to potential buyers or new tenants, the landlord still must follow the legal process for viewings and respect the tenant’s rights.

How to Handle Viewing Requests as a Tenant

If your landlord requests property viewings, it’s important to handle the situation calmly and professionally. Here’s what you can do:

1. Check the Tenancy Agreement:

   • Review your tenancy agreement to see if there is a specific clause about property viewings. If the agreement includes such a clause, you are generally required to allow reasonable access, but you still have control over the timing.

2. Communicate with the Landlord:

   • If you’re uncomfortable with the proposed timing or frequency of the viewings, communicate with your landlord. Suggest alternative times that work better for you and make it clear if you have specific concerns (e.g., work schedules, privacy).

3. Limit the Number of Viewings:

   • To maintain your right to quiet enjoyment, you can negotiate to limit viewings to certain days or a set number of times per week. For example, you could agree to allow viewings only on weekends or specific afternoons.

4. Be Reasonable:

   • While you have the right to refuse unreasonable viewings, being overly obstructive can damage the relationship with your landlord. Where possible, work together to find a solution that meets both your needs.

What to Do if the Landlord Ignores Your Rights

If your landlord is pushing for viewings that violate your rights, here are the steps you can take:

1. Remind the Landlord of Your Rights:

   • Politely remind the landlord of your right to quiet enjoyment and that they must give reasonable notice before any viewings.

2. File a Complaint:

   • If the landlord continues to ignore your rights and arranges viewings without your consent, you can file a complaint with your local council or housing authority.

3. Seek Legal Advice:

   • If the situation escalates and your landlord is breaching your tenancy agreement or harassing you by insisting on viewings, you may need to seek legal advice. Organisations like Shelter or Citizens Advice can offer guidance.

Landlord Rights vs Tenant Rights: Striking a Balance

It’s important for both tenants and landlords to understand that while landlords may want to show the property to future tenants or buyers, tenants’ rights must be respected throughout the tenancy. The key is balancing the landlord’s right to manage their property with the tenant’s right to privacy and quiet enjoyment.

• Landlords: Should give reasonable notice and work with tenants to schedule viewings that cause minimal disruption.

• Tenants: Should consider negotiating reasonable viewing times rather than outright refusal, as long as the landlord is being considerate and following the rules.

How Fraser Bond Can Assist

At Fraser Bond, we provide expert advice to tenants and landlords on managing property viewings fairly and legally. Our services include:

• Tenancy Agreement Reviews: We help both landlords and tenants understand the clauses in tenancy agreements, including those regarding property viewings.

• Dispute Resolution: If a dispute arises over property viewings, we can assist in mediating the situation and ensuring both parties understand their rights and obligations.

• Legal Advice: For tenants facing unreasonable demands for viewings or landlords dealing with uncooperative tenants, we offer legal guidance on how to proceed while respecting tenancy law.

Conclusion

Tenants in the UK have the right to refuse property viewings in certain circumstances, particularly if the landlord is not giving reasonable notice or if the viewings are disruptive to the tenant’s quiet enjoyment of the property. While landlords may have a right to request viewings, they must always act within the law and with the tenant’s consent.

For further advice on your rights regarding property viewings, contact Fraser Bond. We’re here to help you navigate tenant-landlord relationships and ensure your rights are protected.