Landlord putting our flat on the market

Premier_2

Lot of opinions posted - only one poster has actually posted links from an independant source and I must say one that is particularly by tenants usually.

Strange how people here don't like it when that same souce disagrees with their own opinion.

moneysavinmonkey

Premier wrote: »

Lot of opinions posted - only one poster has actually posted links from an independant source and I must say one that is particularly by tenants usually.

Strange how people here don't like it when that same souce disagrees with their own opinion.

Don't understand this post - the links you helpfully provided earlier agreed with the views of the posters on this thread.

The tenant has a responsibility to allow the landlord access for repairs (not the case here) but has the right to refuse access. You do know the difference between rights and responsibilities?

Premier_2

I'm sure this is what I posted last time

Premier wrote: »

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

ArtfulDodger

Well, just spoke to the Landlord and he told me that he had instructed the letting agent to tell us the flat was going on the market as part of the negotiation on the extension. He sounded annoyed that they hadn't and said he wasn't satisfied with their service. The flat is going to be sold by a different agency anyway. He was going to speak to our agent about refunding our renewal fee but said he would pay it for us if they didn't.

The flat is going on the market either as vacant or as an investment property depending on the interest and he said that if it didn't sell in a couple of months he would take it off the market and wait until the market was a bit more boyant.

I'm inclined to believe him and am a bit happier. Still waiting to confirm visiting times for the estate agent after checking where we stand insurance wise.

clutton_2

""He was going to speak to our agent about refunding our renewal fee but said he would pay it for us if they didn't.""

where is the "seething mad picture/icon/smiley/grumpy image ??""

i have rarely read such a load of old ballocks - you have signed an agreement for 12 months - so has he (or his agent on his behalf)- he CANNOT get you out - this guy clearly knows beggar all about the law - he has suddenly decided he wants to "may sell" "maybe not sell" - he's a plonker.

sorry - but this lack of knowledge and lack of common decency and respect for tenants is just not on.

if you personally do not want to get involved with this - your very best course of action is to go to the local council Private Tenancy Officer and ask them to write to your landlord on your behalf to explain your rights and his responsibilities - i have seen such letter work wonders - once ignorant LLs realise they cannot just muck about with their tenants lives like that they will often stop this nonsensical "god-like" behaviour

dont talk to him again - and Change the Locks !!!!!

Catblue

ArtfulDodger wrote: »

Well, just spoke to the Landlord and he told me that he had instructed the letting agent to tell us the flat was going on the market as part of the negotiation on the extension. He sounded annoyed that they hadn't and said he wasn't satisfied with their service. The flat is going to be sold by a different agency anyway. He was going to speak to our agent about refunding our renewal fee but said he would pay it for us if they didn't.

The flat is going on the market either as vacant or as an investment property depending on the interest and he said that if it didn't sell in a couple of months he would take it off the market and wait until the market was a bit more boyant.

I'm inclined to believe him and am a bit happier. Still waiting to confirm visiting times for the estate agent after checking where we stand insurance wise.

You seem a nice person, ArtfulDodger. A lot nicer than I'd be that's for sure.

It seems as if your landlord fully intends to take you for a ride and you seem to be accepting it.

How can your landlord market the flat as "vacant" if you are still going to be living there for the next 12 months? Did you ask him that question?

clutton_2

"" It seems as if your landlord fully intends to take you for a ride and you seem to be accepting it.""

I couldn't agree more - come on - stand up for your rights - its not hard - get the council private tenancy officer to write on your behalf - if you signed for 12 months - you obviously want to stay there - MSEers here will help you and support you

moneysavinmonkey

If I was you I would make sure to pin a copy of my 12 month tenancy agreement to the wall in a prominent position incase any viewings took place - don't want the buyers to be mislead into thinking they are buying a vacant house!!

MissMoneypenny

"Not disturbing tenants

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.
You may even be able to change the locks if you want to. However, this doesn't apply to:

• excluded occupiers (eg people lodging in the landlord's home and most people living in hostels), or
• certain occupiers with basic protection (eg students in halls of residence and people who have to live in their home in order to do their job)."
• http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

Is your landlord selling the property?

"In some cases your landlord may be trying to sell the property and bringing people round to view your home at times that are inconvenient to you. Unless you have agreed clearly in advance, your landlord does not have the right to show people around your home without your permission. If you prefer not to allow this, your landlord will have to wait until they have evicted you using the proper eviction procedures before showing potential buyers around."
http://england.shelter.org.uk/get_advice/advice_topics/eviction/harassment_and_illegal_eviction/why_harassment_occurs#5

I think you should contact shelter and ask them for their advice as they are the experts. You can email or phone them.

Premier_2

As I've mentioned earlier, the tenant's right to quiet enjoyment and the LL right of access to his property is not mutually exclusive

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

Take the advice of your fellow anarchistic tenant, franklee, and be reasonable. You can be fool if you want, but when you do get evicted, where will you go without the benefit of a decent reference from your LL? There are only a limited number of park benches or pi$$y doorways to sleep in, and I understand competition is quite fierce out there.