Landlord putting our flat on the market

ArtfulDodger · 10 July 2008 at 4:03PM

We have just renewed our tenancy on a 1 bed flat in London. We signed up for another 12 months with a 2 month rolling break for either party. All this has been handled through the letting agent and we have had very little contact with the Landlord until we received the email below today:

I’m just writing to let you know that I’m about to put the flat on the market, which I believe you have already been made aware of by (our Letting Agent). The flat is being marketed by (A different agent in the area) and the agent who will deal with my flat is called (name of agent). He will be getting in touch with you to discuss the best way of arranging viewings that causes you the least possible disruption.

Viewings will not start until next weekend (19th July) and you will be given as much notice as possible, with a minimum of 24 hours. If you need to contact (agent) his number is (number).

Also just to let you know that the bathroom and part of the hallway is going to be redecorated. The builder is starting either tomorrow or on Monday and should be finished by Tuesday. He will be working during the day so shouldn’t cause you much disruption, but if there are any times which aren’t convenient for him to come, please let me know and I’ll ask him to avoid them.

If you have any questions or concerns, please let me know.

We hadn't been given any indication by our letting agent that the flat was about to be put on the market and our renewal earnt them a nice little fee!

We don't particularly want builders in the flat tomorrow and would rather not have estate agents trapsing round either. Do either of these contravene our rights for quiet enjoyment?

Anything else we need to know/should be doing?

Thanks.

AMILLIONDOLLARS · 10 July 2008 at 4:16PM

We hadn't been given any indication by our letting agent that the flat was about to be put on the market and our renewal earnt them a nice little fee!

There's your answer, why would they want to tell you!! Would you have renewed?

AMD

moneysavinmonkey · 10 July 2008 at 4:19PM

What a pain in the !!!. You think your landlord/LA could have mentioned this to you when you renewed your contract!!

What kind of tenancy agreement do you have - I've never heard of a 12 month contract with a 2 month rolling break? If you have signed an AST then you should have a minimum of 6 months. What does it say in your tenancy agreement about allowing viewings.

I would argue that having to allow viewings + unnecessary building works so soon into a new tenancy agreement very much disturbs your right to quiet enjoyment. Your landlord need to give your 24hrs notice and should get your agreement to any viewing. If you are not happy with what they propose you are within your rights to refuse such an intrusive schedule. I certainly not want to pay full market rate for somewhere when you never know who will be popping around tomorrow! gah!

Is your landlord planning on selling the flat with you in situ - or else are you likely to be served notice as soon as the place sells. May be much less hassle just to find somewhere else and end your tenancy early by mutual agreement with the landlord.

littlemissmoney · 10 July 2008 at 4:26PM

You don't have to let the decorators in and you don't have to allow any viewings. You may *choose* to, but it's up to you. I certainly wouldn't let anyone into my home whilst I wasn't there!

Premier_2 · 10 July 2008 at 4:40PM

A tenancy doesn't just give you rights - it also brings responsibilities. It's important you stick to the rules and don't break your tenancy agreement, and to get advice as soon as possible if you have problems.
Most tenants can be evicted (providing the correct procedure is followed) if they don't follow certain basic rules. These include:...

Giving your landlord access when necessary

Most tenancy agreements contain information about how and when your landlord can get access to the property, for example, if repairs are needed. You are entitled to be given reasonable notice of this....

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/tenants_responsibilities

Landlords may need access to the accommodation to inspect it and do repairs but they must let you live in your home without unnecessary interference. If you are a tenant then your landlord can't come in whenever they feel like it, and should give proper notice and arrange a suitable time if they need to visit. The amount of notice they have to give might be set out in your agreement. If you have a licence, your right to restrict your landlord from coming in is more limited, so get advice before you do anything.

You can ask your landlord to stop entering your home without your permission. It may be classed as harassment if s/he persists.

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

BiggaThanBen · 10 July 2008 at 4:42PM

littlemissmoney wrote: »

I certainly wouldn't let anyone into my home whilst I wasn't there!

Agents can also have keys, you may not even be aware they are doing viewings ...

Unfortunately this is a normal practice for some agents :mad:

moneysavinmonkey · 10 July 2008 at 4:47PM

I wouldn't class redecoration as repairs
and conducting viewings so soon in a new tenancy agreement is unreasonable.

You are within your rights to ask the landlord (or agents acting on his behalf) not enter your home without your permission.

Bear in mind that if the estate agent is conducting viewings, if anything goes missing it will not be covered by your home insurance. If you are going to allow viewings only do them when you are there and follow them round like a hawk!

What recompense has your landlord offered for this imposition?

Turnbull2000 · 10 July 2008 at 4:49PM

He's pulled a sly one on you. You should refuse access for viewers, EAs and decorators.

moneysavinmonkey · 10 July 2008 at 4:51PM

BiggaThanBen wrote: »

Agents can also have keys, you may not even be aware they are doing viewings ...

Unfortunately this is a normal practice for some agents :mad:

If this happens inform the local police, the TRO (council tenancy relations officer) and the regulatory association of the agents if they belong to one.

I would also change the locks at this point as although that may be against the terms of your tenancy agreement it is not a criminal matter whereas entering your home without permission or due cause is.

littlemissmoney · 10 July 2008 at 4:57PM

BiggaThanBen wrote: »

Agents can also have keys, you may not even be aware they are doing viewings ...

Unfortunately this is a normal practice for some agents :mad:

If anyone entered my home without my permission (except LL in real emergency) then I would immediately call the police and then change the locks.

Microstar_2 · 10 July 2008 at 4:58PM

The LL has not behaved honourably.

It is not unreasonable for decorators to be allowed in, but asking for decorators to come tomorrow is unreasonable. Negotiate a couple of days convenient to you. The 'Repairs' clause is meant to cover things that need repairing as a matter of urgency, not painting etc.
I think you would be unwise to allow viewings whilst you are not there. Again, be reasonable and let the LL/LA know when would be convenient to you and put in writing that you do not wish the house to be entered unless you are present.

Landlord putting our flat on the market

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free