Q I have a tenant who is refusing to allow my letting agent to show the property to prospective new tenants. The tenancy agreement includes a clause which says that she should allow viewings if given reasonable notice. If the agent gives good notice and then uses a spare key to enter the property to show it to others, is this a breach of the tenant’s rights?
A One of the fundamental rights of a tenant or leaseholder is to have “quiet enjoyment”, namely a right to enjoy the use of the property without the landlord interfering with the tenant’s occupation. Almost every written tenancy agreement or lease includes a specific clause to this effect, but the law will in any event imply a covenant for quiet enjoyment into the letting agreement.
However, the right to quiet enjoyment is not unlimited, and it has long been accepted that in certain circumstances a landlord may have legitimate reasons for disturbing the tenant from time to time. For example, under section 11(6) of the Landlord and Tenant Act 1985, a landlord has a statutory right to go into rental properties to view its condition, provided that the landlord gives at least 24 hours’ written notice to the occupier.
In the 2003 case of Lechouritis vs Goldmile, the Court of Appeal said that when exercising a right of entry, the general principle was that the landlord must take “all reasonable precautions” to minimise disturbance to the tenant. If he does not take those precautions, he will be in breach of the covenant for quiet enjoyment. That particular case applied to a right of entry to inspect a property in order to carry out works, but the same principle applies to a requirement for the tenant to allow in letting agents.
It follows that the letting agent may show around other potential tenants, so long as it takes reasonable precautions to minimise disturbance to the occupier.