Landlord wants to sell - I don't want viewings...

BigJonnyB

My landlord recently decided to get the house valued, and they have since decided that they'd like to 'test the waters' to see if they can sell.

We were originally on a 6 month contract, which then just rolled over - so month-by-month basis. I think they have to give us 2 months notice? They don't actually want to give us notice - they want to see if they can sell the house, but are happy to keep renting to us as it might not get any interest.

However, I don't want to have viewings while we are still renting. I work from home, and am involved in some extremely time consuming projects at the moment - often my days are rather hectic as I switch from project to project. The last thing I need is to have to think about tidying, or have people in the house while I am trying to work.

The landlord has been fairly understanding, and has offered to 'block' the viewings so they are all in one go every week. While I appreciate that they want to sell, I am paying money to live in their house - and this all adds a lot of uncertainty to us at the moment. Furthermore, we can be rather sporadic and just end up going away at extremely short notice.

Do I have to allow viewings? I have tried to make it clear that I really don't want viewings while we're here...I said that they can give us two months notice - but they've said they wont wait that long to have viewings of the property. They aren't prepared to offer us any financial incentive to move asap (i.e. before two months).

It seems they want best of both worlds. They think we're being unreasonable by not wanting viewings, and we're feeling a bit 'forced'. So sorry for the rambling - but can I just say no and leave it at that? Am I really being unfair? - this is our home, if they want to sell it then fine, but give us the notice and let us get what we're paying for?

They aren't very clued up at all - deposit has never been protected (despite going through agents), no gas safety certificate for 18 months etc etc. They've always done any work required very promptly - but I just don't think they know what the law says...

Any advice very much appreciated...

JB

Richard_Webster

Read your tenancy agreement - it would be quite common for there to be a term requiring you to agree to this. You will have to see what it says and whether it gives scope for you to negotiate - but it is unlikely that you can stop viewings altogether.

If there is no written agreement then you probably can because you are enbtitled to occupy the proeprty wiothout interruption during the period of the tenancy. If ther eis a writen agreement, as there usually will be, this is a basic term that would be included in any sensible AST agreement.

BigJonnyB

The original tenancy agreement was done through a letting agent. The landlord then decided (after about 9 months) that they no longer wanted to use the letting agent, so took payment from us directly. However, we've never had anything in writing from them about agreements etc, so I am presuming that the original agreement through the letting agents stands?

The agreement says: 'within the last two months of the tenancy to permit the Landlord or any person authorised by the Landlord or the Landlords agent at reasonable hours in daytime to enter and view the Property with prospective tenants or purchasers'

However - until they give me notice (which they wont do in case they can't sell), or we give them notice, then we're not in the last two months of the tenancy? Otherwise viewings could go on for a year?

JB

pawpurrs

Normally it states viewings are allowed in the last 2 mths of a agreement.
Whilst I totally understand that its your home, and you are entitiled to quiet enjoyment of it, life is give and take, and one block viewing a week is very considerate of him, surely for that one hour a week, you can do your food shop, go out whatever?

theartfullodger

(I am reading from my RLA (Residential Landlord's Association) Landlord's letting course notes...

The legal case "Street v-Mountford" was the defining case for Landlord's right to enter when tenant refuses . A Tenancy grants you "EXCLUSIVE ACCESS". The House of Lords went so far as to say "This means the tenant can exclude everyone, including the Landlord if they so wish". Suggest to the Landlord that he looks the case up.

See
http://www.rla.org.uk/wwwboard/messagesArc/1204.html

So you can write & tell the Landlord - no viewings, no inspections without your explicit written agreement to the date & time.

So you can tell the agent to go away, he can't have keys, you can change the lock if you need to (but must change it back at your expense at tenancy end).

However, do you want a reference from the Landlord?? And why are you saying no viewings: Maybe a bit of a compromise?? . I know you're straight & OK - but others might think otherwise. He might be prepared to do a deal (reference, money, ??)

Cheers!

Lodger

bitsandpieces

If you are negotiating with the Landlord, and they want it tidy for viewings - you could ask them to fund a cleaner?

smartandshrewd

theartfullodger wrote: »

So you can tell the agent to go away, he can't have keys, you can change the lock if you need to (but must change it back at your expense at tenancy end).

Illegal, not to mention that it will jeopodise any reference which you will need should you move into other rented accomodation.

securityman

How about asking for £50-£100 per month off your rent, if not just give your 1 months noitce.

BigJonnyB

thanks to everyone for all the replies.

I tried asking for a rent reduction, and they said no. I asked if they'd financially compensate us if we'd forgo the two month notice period. No again.

So they haven't given us notice, but expect us to sit here for goodness knows how long to see if they sell the house. We'll be looking for somewhere new to move to - it just couldn't come at a worse time. I wont know for a month whether we want to commit to stay in the area for 6 months with a new rental (OH will find out whether about job situation)...so giving our notice now would only be shooting ourselves in the foot.

I suppose to avoid confrontation I'll have to allow viewings once a week or something, but I wish these 'landlords' would understand their obligations. I am half tempted to ask for 3 x the deposit since they can't be bothered to protect it :mad:

JB

Ulfar

BigJonnyB wrote: »

thanks to everyone for all the replies.

I tried asking for a rent reduction, and they said no. I asked if they'd financially compensate us if we'd forgo the two month notice period. No again.

So they haven't given us notice, but expect us to sit here for goodness knows how long to see if they sell the house. We'll be looking for somewhere new to move to - it just couldn't come at a worse time. I wont know for a month whether we want to commit to stay in the area for 6 months with a new rental (OH will find out whether about job situation)...so giving our notice now would only be shooting ourselves in the foot.

I suppose to avoid confrontation I'll have to allow viewings once a week or something, but I wish these 'landlords' would understand their obligations. I am half tempted to ask for 3 x the deposit since they can't be bothered to protect it :mad:

JB

You don't have to allow viewings at all, you are entitled to quite enjoyment no matter what your tenancy says.

If you won't know for a month whether you are staying in the area that is ok. If the LL gives you two months notice this will still leave you a month to find somewhere and move which is doable.

You could be looking at the rental market know just in case.

Catblue

If you do allow a viewing once per week, then there is absolutely no obligation for you to tidy up or do the dishes.

Also, if a potential buyer were to ask about what needs doing in terms of house maintenance, well you cannot tell a lie, can you?