Landlord putting our flat on the market

silvercar

Landlord needs reminding that he cannot evict within the first 6 months of an AST, whatever term he has put into the tenancy agreement.

pinkshoes

Microstar wrote: »

The LL has not behaved honourably.

It is not unreasonable for decorators to be allowed in.

Why? The decorating is not for the benefit of the tenant. It's for house selling purposes! I thought he was only allowed access when invited and for emergencies!?!

I would reply to the landlord that you're entitled to quiet enjoyment of the property as the tenant, so you won't be allowing viewings or decororators in. BUT... if he was willing to half the rent, then you'd be more willing to cooperate!

clutton_2

legally you do not have to allow anyone in unless it is the LL for an emergency - gas leak of the like.

i would write him a letter - you do have his home address dont you - and explain that you have just signed a 12 month contract and that it is your intention to stay that long and that it is not convenient to allow EAs or decorators into your home. then change the locks

moneysavinmonkey

clutton wrote: »

legally you do not have to allow anyone in unless it is the LL for an emergency - gas leak of the like.

i would write him a letter - you do have his home address dont you - and explain that you have just signed a 12 month contract and that it is your intention to stay that long and that it is not convenient to allow EAs or decorators into your home. then change the locks

wow! that is pretty bullish advice coming from a landlord.

I expect clutton is getting sick of the cowboy landlords that give his profession a bad name!

Microstar_2

pinkshoes wrote: »

Why? The decorating is not for the benefit of the tenant. It's for house selling purposes! I thought he was only allowed access when invited and for emergencies!?

If the tenant is going to be there for 6 months or so then it is to their benefit to have the property decorated.
When I've decorated my properties the rent has always been reduced whilst the work is done (because it involves some disruption) and I've let them know a few weeks in advance and worked with the tenant to agree suitable times and days.
By reducing rent its amazing how much cooperation is achieved!

guppy

moneysavinmonkey wrote: »

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.

Agree with all the other posts about quiet enjoyment. Your landlord is trying to have his cake and eat it.I don't believe the six month minimum applies where you are renewing, provided you have already been there six months. Also, you can't grant a 12 month tenancy, with a mutual two month notice period. That makes the 12 months meaningless. In reality, it would seem a periodic tenancy has been created, and you only have to give a month's notice, from the date you pay your rent. Your landlord has to give two months. This is governed by statute and overrides any contract you make with the landlord

clutton_2

""wow! that is pretty bullish advice coming from a landlord.

I expect clutton is getting sick of the cowboy landlords that give his profession a bad name!""

i sure am getting sick of amateurs giving the rest of us a bad name

this LL clearly has N O idea what it means to be a LL and does not know even basic LL/T law

i repeat my advice, write and say "no i have an agreement for 12 months i'm staying put"

the LL has no legal leg to stand on whatsoever - he signed a contract to provide you with a home for 12 months and you have the legal right to "quiet enjoyment" - tons of book written on the subject

if he wants you out - make him find you somewhere else and ask him to pay for all moving costs - you have an AST that gives tenants rights ..... :LLS must abide by those rights

never mind all this "i own the bricks and mortar i can do what i like" nonsense

ArtfulDodger

Thanks for all the replies!

guppy wrote: »

Agree with all the other posts about quiet enjoyment. Your landlord is trying to have his cake and eat it.I don't believe the six month minimum applies where you are renewing, provided you have already been there six months. Also, you can't grant a 12 month tenancy, with a mutual two month notice period. That makes the 12 months meaningless. In reality, it would seem a periodic tenancy has been created, and you only have to give a month's notice, from the date you pay your rent. Your landlord has to give two months. This is governed by statute and overrides any contract you make with the landlord FPRIVATE "TYPE=PICT;ALT="

The document we and the landlord signed is titled "Extension of Tenancy" and reads:

To be annexed to the Assured Shorthold Tenancy Agreement dated 24th August 2007 and made between (landlord) and (us) relating to (flat address).

The Terms and Conditions of this extension of this tenancy are the same as those contained in the Agreement and referred to above, subject to any variations as specified below.

Term: A term of 12 months,from 24th August 2008 to 23rd August 2009.
Rent: (our rent - not increased)

The Variations

If the Tenant shall desire to determine the tenancy hereby created at any time they shal give the landlord not less than 2 months previous notice in writing of such desire and shall up to the time of such determination pay the rent and observe and perform the agreements and obligations on the tenants part hereinbefore reserved and contained then immidiately on the expiration of such notice the present tenancy and everything herein contained shall cease and be void but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of obligation.

If the Landlord shall desire to determine the tenancy hereby created at any time they shal give the Tenant not less than 2 months previous notice in writing of such desire and everything herein contained shall cease and be void but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of obligation.

Sorry for the long post!

We have asked the landlord if they are looking to sell the house with tenants which isn't such a big problem for us and are awaiting a reply.

We just feel a bit conned after signing an extension 2 weeks ago!

franklee

silvercar wrote: »

Landlord needs reminding that he cannot evict within the first 6 months of an AST, whatever term he has put into the tenancy agreement.

That's only the very first six months. The OP has already been there a year so if the renewal allows notice then provided the tenant has at least the same rights to break as the landlord then notice can be given according to the contract. that is two months.

It may well say in the AST that viewings are only allowed in the last month (or two) so worth checking that. If so then the landlord would need to give notice for the tenant to leave to determine when the last two months are supposed to be in order to request viewings under the contract.

That said I agree with the tenant's rights to refuse access already mentioned by many posters above.

franklee

Hi ArtfulDodger,

You have already been given excellent advice by many above. I would add to confirm any refusals of access in writing, obviously in such a short timescale you'd need to phone first. Otherwise the decorators/viewers/Uncle Tom may turn up and let themselves in claiming to "not know" you refused access. So worth covering your back should they push in. That way you will have something to wave at them should they try any mucking about.