Landlord has potential sale + viewing question

456789

I am currently in an assured shorthold tenancy agreement for 6 months

The house is also listed for sale

On Friday I went back to my old house to get my items (it is a few hours away and I still own it)

I informed both the Landlady and the Estate Agent of this (even though the contract says I don't have to if it is for less than 14 days)

I had a message left on my phone on Monday night from the landlady saying that a potential buyer wanted to view the property and could I phone her back. I decided to wait until Tuesday evening as I was busy with packing etc.

Now today whilst en route to the rented house the landlord (I believe he is estranged from the landlady) left 2 messages on my phone. I checked these when I got here and had unpacked my things.

The first message mentioned a viewing and could I call him back. After I had listened to the message the doorbell rang and he was their saying he had wanted to have a viewing at 7pm today (didn't he realise I would be busy with my moving - he was aware that I was doing this as he mentioned it in his message). He suggested a viewing at some time tomorrow evening to which I agreed. He couldn't state an exact time and said the landlady would phone me.

After he had gone I listened to his 2nd message in which he stated that he had a set of keys and he would show them around if he had to (he didn't actually do this though) - I am quite annoyed at this.

The contract states that he is allowed to enter the premises on the following conditions:

- By giving 24 hours notice for repairs or inspection of the property etc.
- If the rent remains unpaid for 14 days, tenant becomes bankrupt, premises left unoccupied without permission for more than 14 days or under grounds listed in schedule 2 of the housing act

The agent may enter if they give at least 7 days notice

It also states that I have to allow the premises to be viewed for let or sale in the last 2 months of the tenancy agreement (I am in month 2 of 6)

So from what I have read it appears that
- he is not allowed to let himself in for a viewing
- I don't have to grant any viewing requests within the first 4 months of the contract

Is this correct?

It also mentions Tenancy Break Clause - 'Both parties shall have the right to terminate the tenancy at the end of the first 6 month period by giving not less than 2 months notice' and that the agreement cannot be ended without the agreement of the landlord, tenant and agent - so just to confirm if someone wants to buy it they can't just throw me out?

Thanks

clutton_2

when did you sign the Tenancy Agreement ?

456789

about a month ago

angrypirate

456789 wrote: »

about a month ago

Tell them you arent going to allow them entry. If they wish to show people round then tell them you are willing to keep the place tidy and allow them short notice entry on the grounds that they reduce the rent by 20%. Otherwise they wont be getting entry until you move out.

tbs624

The LL cannot let himself into the property except in the case of a *genuine emergency* and if he is holding a set of keys it should state this clearly in your tenancy agreement. Potential buyers wanting to have a look round do not fall under this category.

You are entitled to what is known as "quiet enjoyment" of the property. If necessary you can simply change the barrel of the lock, keeping the original to replace at the end of your tenancy.

Thr trouble is that many "accidental LLs" do not understand the law - they want the money that a T brings in but they don't want to relinquish possession of the property.

If you want to keep on relatively good terms suggest that any viewings may only be conducted, say, on a Thurs evening between 6 and 8pm, after 24 hours clear notice. You are quite within your rights to refuse consent at all.

gazfocus

I certainly wouldn't stand for the LL threatening to let himself in. I also don't think I'd be too happy with people viewing the house when I've only just moved in. Did you let through a letting agency? If so, would it be worth talking to your letting agency and asking them for advice?

456789

angrypirate wrote: »

Tell them you arent going to allow them entry. If they wish to show people round then tell them you are willing to keep the place tidy and allow them short notice entry on the grounds that they reduce the rent by 20%. Otherwise they wont be getting entry until you move out.

Well it says I have to let them view it within the last 2 months but not the rest - I will see if we can come to some arrangement

tbs624 wrote: »

The LL cannot let himself into the property except in the case of a *genuine emergency* and if he is holding a set of keys it should state this clearly in your tenancy agreement. Potential buyers wanting to have a look round do not fall under this category.

You are entitled to what is known as "quiet enjoyment" of the property. If necessary you can simply change the barrel of the lock, keeping the original to replace at the end of your tenancy.

Thr trouble is that many "accidental LLs" do not understand the law - they want the money that a T brings in but they don't want to relinquish possession of the property.

If you want to keep on relatively good terms suggest that any viewings may only be conducted, say, on a Thurs evening between 6 and 8pm, after 24 hours clear notice. You are quite within your rights to refuse consent at all.

It doesn't specifically state that they have a key - but the front door lock was faulty and the landlady changed it - and both of the keys provided with it were given to me so he wouldn't be able to get in from the front anyway

gazfocus wrote: »

I certainly wouldn't stand for the LL threatening to let himself in. I also don't think I'd be too happy with people viewing the house when I've only just moved in. Did you let through a letting agency? If so, would it be worth talking to your letting agency and asking them for advice?

Yes through an agency - the house was originally listed for sale with this agency aswell and at another. I phoned them and they said he cannot let himself in and that they don't know anything about the potential viewing. So maybe it came through the other agency or a private viewing.

franklee

The thing is that you cannot reply on the different agents communicating with each other, so the other selling agent could quite easily walk in on you and claim afterwards he didn't know there was a problem. So do ring the other selling agent up and let them know you are the resident tenant and make sure they are aware of the law too.