Is my landlord being unreasonable?

leftieM

What are my rights?
A few weeks ago my landlord turned up asking if he could show buyers around in 10 minutes. I foolishly agreed and then realised what an invasion of privacy it was. The place wasn't tidied, our stuff was everywhere, I was giving the kids dinner and it was horrible having people traipsing through. I felt like an animal in a zoo. As I'd agreed to it I could do nothing but I got my husband to phone the landlord and say, look it's not on to just show up, you need to give us notice.
So landlord phones husband to ask if he can get an architect to look at the attic to price converting it. He said the architect will just look at the attic. The LL wanted to come at 2 when I do school pick-ups but I thought that he'd just be in the attic so no point making a fuss. I closed all the bedroom doors so I wouldn't have to worry about what state the rooms were in.
I got back from school pick-up to find a buyer coming out. I lost the rag. The LL tried to claim that husband knew this but it's untrue. I feel so violated that LL is sneaking people into the house without our knowledge. I presume this is why he came at 2 - he knew I'd be out.
Am I unreasonable? We have no tenancy agreement despite asking for one several times so we're basically on a month-by-month contract. That wasn't an issue when I wasn't working but I'm starting a new teaching job in April and I won't be able to cope with house hunting should we be evicted.
The LL wants to sell, fair enough, but surely he can't just bring viewers in without our say so or gain access to the house under false pretences? I can't find out what our rights are. It could be 'harassment' but it's a grey area. All I know is that I know strangers have been poking around our stuff (all the furniture is ours) and we didn't know. I feel so completely violated and helpless.

James_N

leftieM wrote: »

What are my rights?
Am I unreasonable? We have no tenancy agreement despite asking for one several times so we're basically on a month-by-month contract.

Is this because you never had one or the original one expired?

if you never had one, how on earth did this arise? Both you and the landlord are missing out on important rights and obligations. I understand that you are worried - the landlord should be worried too that without an agreement it will be very hard to get you out.

silvercar

You are entitled to "quiet enjoyment" of the property, so can refuse these intrusions. In any event the landlord should give you 24 hours notice.

If your original fixed term has passed, you are now on a periodic tenancy. This is perfectly legal and doesn't require a new contract to be issued. You are entitled to 2 months notice to end at the end of a rent period and have to give the landlord one months notice to end at the end of a rent period.

Jowo_2

You have the right to quiet enjoyment of the property. The landlord should give notice and receive consent from the tenant for any visits by himself or his representatives.

Shelter has a section on harassment which defines it and gives examples and how to deal with it.

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction

Send a letter to the landlord reminding him of his obligations and if he does not stick to it, consider changing the barrel of the lock and changing it back when your tenancy ends.

leftieM

Our original tenancy was for 12 months and expired and we never got a new one. It was no big deal but, as I say, now it is as I need security so that I can focus on my new career.
I think we'll insist that he communicates in writing and does not enter the premises without one of us present.

tbs624

leftieM wrote: »

Our original tenancy was for 12 months and expired and we never got a new one. It was no big deal but, as I say, now it is as I need security so that I can focus on my new career.

If your original agreement was an AST, then your tenancy has now become what is called a Statutory Periodic, courtesy of the provisions of the Housing Act 1988. All the previous terms of your contract continue to apply, except those for "determination" (how the contract ends) If you pay a m onthly rent then your LL has to serve you with 2 months notice and you have to give one month, to tie in with your rental period. The rental period runs from the day after the expiry of your original Fixed Term, which may or may not coincide with your rent due date.

leftieM wrote: »

I think we'll insist that he communicates in writing and does not enter the premises without one of us present.

As Silvercar says, you are under no obligation to agree to potential purchasers viewing the property - you have "exclusive occupation" of the property. There is an implied covenant that you will permit the LL or his agents to inspect the property so that the LL can meet his "s11 repairing obligations", but viewings such as you describe are a wholly different matter.

You may want to consider offering a viewings slot on one day/evening slot. You may want to refuse viewings altogether. Either way, as you say, do it in writing, and keep a copy. Change the lock barrel (keep the old ones to replace when you leave) if you think the LL may let people in in your absence.

Most LLs like to hedge their bets by keeping their T in situ as long as they can into the selling process, but if he has the property on the market you *are* going to need to find somewhere new at some point, regardless of the new job you'll be starting in April.

Search this board for "s21 notice" and "Sword of Damocles", so that you fully understand how the LL may serve notice of intent to repossess. Note that if your LL should have scheme-registered your deposit and hasn't done, then he cannot serve a valid s21 notice until he has done so. ( Property in Eng/Wales, let on an AST, deposit paid or new Fixed Term signed up to after 6 April 2007)

poppysarah

I'd put my foot down.

Change the lock if needs be. They can not just come in and out as they want.

leftieM

Thanks for the words of wisdom.
The LL hasn't got the house on the open market. He has another house nearby on the open market and perhaps he brings the viewers to it around to our rented house. Or he has contacts. I don't know.
I'm surprised by how bothered I am. I was shaking for an hour when I realised what he'd been up to and now I feel totally unsure and unsafe. It's only a house and, really, so what if strangers see our mess or unwashed dishes. Maybe it's a deep-down animal instinct thing - you notice a strange smell or something out of place so you know a stranger has been on your turf.

kb1_3

LL have to give you at least 48 hours notice, and you don't have to agree to their schedule. They have to work around you, not you them. If they enter without your permission, you can prosecute them for trace passing.

mezzawezza

You DO have a contract - your original one just continues until you decide you want to move or the landlord wants his house back (with proper notice - and written in a Section 21)

The landlord cannot enter the property without giving at least 24 hours notice, unless it's an emergency - showing people around is not an emergency.

tbs624

leftieM wrote: »

.
I'm surprised by how bothered I am. I was shaking for an hour when I realised what he'd been up to and now I feel totally unsure and unsafe. It's only a house and, really, so what if strangers see our mess or unwashed dishes. Maybe it's a deep-down animal instinct thing - you notice a strange smell or something out of place so you know a stranger has been on your turf.

"It's only a house" - yes, but as I said in my previous post , you,as the T, have what is legally termed "exclusive occupation". The LL has no right to enter the property in this manner, without your consent. If you need back-up with this contacted the Private Sector Rentals Officer/Tenancy Relations Officer at the local Council.They only deal with private tenancy matters and can speak direct to your LL.

You *can* change the lock barrel, as I mentioned before: it's a pretty straightforward job. If you don't want to do that then set up a portable alarm or a webcam.

It's natural to feel upset at someone letting themselves into your home, but take action to prevent a recurrence and you'll feel less threatened by it.Get a letter written to the LL, and keep a copy. What he's doing is wrong and may be held to be tenant harassment.