Just moved in rented property-landlord looking to sell!

Planner

Regardless of what it says in your contract you do not need to allow the landlady or her agents or anyone else in to the property, 24 hours notice or otherwise, unless there is an emergancy

Regardless of what your contract says, you can change the locks if your wishes above, are being disregarded.

No clause in a contract can overide your common-law right to quite enjoyment. There is no way for the landlady or her agents to enforce the above clauses in your contract (However intimidation seems unfortunatley to work with you), unless they get an order from the court. No reasonable court is going to consider showing potential buyers around the property is acceptable behaviour through the entire 6 months of the contract and no court is going to believe its unreasonable for a change in locks to stop unarthorised access to the premises.

You either need to enforce your rights, or let the viewings continue. Theres no magic bullet on this one that will make the viewings stop any other way.

Planner

I also suggest that you have a look at this. There is a clear section in it about your rights if the landlord is selling the house and your rights to change the locks.

http://england.shelter.org.uk/__data/assets/pdf_file/0015/30651/Harassment__and__illegal_eviction.pdf

I then suggest you ring Shelter back and ask to speak to someone other than the work experience girl, who obviously doesnt have a clue.

pinkshoes

milestone wrote: »

Right of Entry:
On giving the tenant at least 24 hours notice in writing to allow the landlord or any person acting on behalf of the landlord access to view the property at reasonable times, accompanying a prospective tenant or purchaser of the property.

They can't just write clauses like this into the contract. You are still entitled to quiet enjoyment, and do not have to give access unless it's an emergency.

I would write to them pointing this out to them. Give them the choice of no access whatsoever, or access at times specified for you if they let you have half price rent for the inconvenience.

cte1111

I can understand why you would be concerned, as your contract seems to clearly state that your landlady can have access. But I would be tempted to still write to her / the letting agents informing them that you will not be allowing any further access, and that if they enter the property without your consent, then you will change the locks. Quote the 'quiet enjoyment' phrase and see how it goes.

It's awful that this is causing you so much stress. I hope that you manage to find a solution soon, if not I would just leave the property and let the landlady try to sue you for the remaining months on the tenancy. She is very unlikely to do so. And then you can find somewhere that you are able to live in peace (this time checking your contract beforehand re access etc). I can appreciate that that is also a worrying and tough thing to do, but I would think worth it in the end, to be able to relax in your own home.

franklee

To add to the good advice above keep a record of all viewings and request for viewings. Write up the ones so far and send them in a letter to the landlady with your objections. That way you cover your back should you need to change the locks or get in dispute over the tenancy agreement. You can show that she was been too intrusive and the effect it's had on you.

cte1111

I've just remembered, I was once renting a property that was up for sale. We were Ok with allowing viewings, as the owner had given us notice, but we did find that after telling potential buyers about the loud reggae music that played from the pub opposite until midnight, the time my flatmate was punched on the doorstep, the problems with parking etc, they stopped asking us to do the viewings!

olly300

You have been given very good advice by cte1111 and I suggest you take it.

There is also no harm in pointing out to potential buyers the law and timescale of getting tenants out of a property particularly if they are first time buyers.

I have always found if being polite and standing your ground doesn't work then being extra helpful and truthful does.;)

Catblue

olly300 wrote: »

You have been given very good advice by cte1111 and I suggest you take it.

There is also no harm in pointing out to potential buyers the law and timescale of getting tenants out of a property particularly if they are first time buyers.

I have always found if being polite and standing your ground doesn't work then being extra helpful and truthful does.;)

Yeah, it might be a bit of fun really.

Follow the prospective buyers around saying terribly helpful things like:

"That leak under the shower has been there for ages, but it hasn't actually brought down the kitchen ceiling yet".

"The neighbours are great. You'll love them - parties every night and everybody is invited. Even the police turn up at the weekend".

Soot2006

Leaving piles of dirty laundry, stacked up filthy plates and comatose friends lying around also works very well ....

You just have to be able to stan dit for a few days!

milestone_3

Thanks for all the advice. I did have one couple view the place and I put them off by telling them of every possible problem. However upon other viewings the landlady came along to the viewings.

I spotted that I'm not allowed to change the locks unless written consent is given. I will log all the viewings and change locks on that basis.

I did quote the Right to enjoyment phrase which she knew about but felt that she was being reasonable with it all.

It seems like she knew what she was doing or intending on doing from the start. I was told by one neighbour that she has a few properties on rental, so I guess she's experienced at this all.

Thanks for all the advice. Knowing what I can and can't say goes a long way in putting forward my arguments.