Renting a house that's on the market...(and we didn't know!)

tbs624

bethanchloe wrote: »

....The response was that they needed access to the property and would prefer it if we were here but they had to have access this week anyway, so obviously one of us is going to have to take time off work as its completely not right for them to be in the house without us! However, I'm a bit annoyed about having to lose wages because of it and also they still haven't told us exactly who/what we're waiting in for!
I'm just annoyed that they hid this from us until we signed for the property :mad:

Just state to the LA/LL ( in writing) a couple of specific time/day slots that are convenient to you and further confirm that you do not consent to them accessing the property in your absence.

LLs in this situation can't simply have their cake and eat it too - they want the rent from the property but with that goes "exclusive occupation" of the property by the T. This means that LA/LL cannot simply choose to let themselves in or insist on specific viewing times. They should be asking, nicely.

Fire_Fox

bethanchloe wrote: »

True, I think you're right really...
I'm just a bit annoyed especially today as we're really busy at the moment and explained we can't really be around any reasonable hour for the next couple of weeks (we work in catering, mainly 12 hour shifts from 9am onwards)
The response was that they needed access to the property and would prefer it if we were here but they had to have access this week anyway, so obviously one of us is going to have to take time off work as its completely not right for them to be in the house without us! However, I'm a bit annoyed about having to lose wages because of it and also they still haven't told us exactly who/what we're waiting in for!
I'm just annoyed that they hid this from us until we signed for the property :mad:

They do not NEED access to the property they WANT to have access to your home and you have the legal right to refuse. Don't waste your energy being annoyed, state clearly in writing that you are not willing to allow unsupervised access to your home, you are unable to take any time off at present but will contact them when things change. Send the letter to both the landlord and the letting agency by recorded delivery. This is the legal position if they get difficult:

"The tenant has the right to quiet enjoyment of the property for the duration of the tenancy along with the legal right to live in property as if it was their own home. This means that they have the right to a peaceful existence without undue disturbance. Harassment is a criminal offence under the Protection from Eviction Act 1977 and may result in the landlord being fined, or even imprisoned in extreme cases. Harassment can take the form of:

• Entering the property without permission.
• Changing the locks without giving the tenant warning or new keys.
• Cutting off utilities such as gas water and electricity.
• Tampering with mail or possessions.
• Verbal or physical abuse or threats.
• Enter the tenant's home whilst the they are out."

http://www.themovechannel.com/guides...tenant_rights/

RobertoMoir

bethanchloe wrote: »

True, I think you're right really...
I'm just a bit annoyed especially today as we're really busy at the moment and explained we can't really be around any reasonable hour for the next couple of weeks (we work in catering, mainly 12 hour shifts from 9am onwards)
The response was that they needed access to the property and would prefer it if we were here but they had to have access this week anyway, so obviously one of us is going to have to take time off work as its completely not right for them to be in the house without us! However, I'm a bit annoyed about having to lose wages because of it and also they still haven't told us exactly who/what we're waiting in for!
I'm just annoyed that they hid this from us until we signed for the property :mad:

I have to go with the other replies you've had. Their behaviour here is unreasonable. They sound like they're either ignorant of your rights (doubtful, considering, pretty shocking if so) or they're arrogant enough not to care about your rights.

I'm all for compromise and trying to find a way to work with each other but in your shoes I'd be telling them right now no access to the property apart from emergencies and that you will *tell* them when it is convenient for you and they can either accept those times or not visit at all. If that sounds harsh, well maybe but they've earned such treatment.

DVardysShadow

bethanchloe wrote: »

The response was that they needed access to the property and would prefer it if we were here but they had to have access this week anyway, so obviously one of us is going to have to take time off work as its completely not right for them to be in the house without us! However, I'm a bit annoyed about having to lose wages because of it and also they still haven't told us exactly who/what we're waiting in for!

OK, the HIP is valid if the house is continuously marketed, but they may [fear that they] need to redo the HIP if they take the property off the market. That does ring true to me.

But you should not lose wages or holiday because of this. Potentially, they could cost you more than a new HIP several times over. You should politely and respectfully put your foot down, changing the locks if necessary

ailuro2

Is it worth you putting in a really really cheeky offer on it if you intend to stay there for a few years, if you are in a position to do so...a £60K mortgage would be well under £400 a month.

bethanchloe

ailuro2 wrote: »

Is it worth you putting in a really really cheeky offer on it if you intend to stay there for a few years, if you are in a position to do so...a £60K mortgage would be well under £400 a month.

I wish we'd be considered for a mortgage but we wouldn't at the moment.
He bought the house for 65k in 2006 so I doubt he'd be willing for anything below that.
He is aware we wanna buy it but we can't at present!

Thanks everyone for your responses, gonna try and get him on the phone today (difficult as he works in the Gulf) and get this into some sort of order!

bethanchloe

DVardysShadow wrote: »

OK, the HIP is valid if the house is continuously marketed, but they may [fear that they] need to redo the HIP if they take the property off the market. That does ring true to me.

But you should not lose wages or holiday because of this. Potentially, they could cost you more than a new HIP several times over. You should politely and respectfully put your foot down, changing the locks if necessary

The actual words of the message they sent re HIPs was 'We need to keep the viewings to keep the HIPs valid'.
I know very little about all this sorta stuff but it sounded a bit funny to me and if they were going to need constant access to the house to 'keep the viewings' then surely they should have put this into our tenancy agreement, OKed it with us first?

bitsandpieces

I'd definitely limit who can come and go to the house, and when. Often best to start with a gentle approach, though: 'this is our home so we don't want people coming and going all the time or without use there...it's busy at work for the next few weeks but we can make an appointment for DATE and will generally be able to allow views under such and such circumstances'. I'd call, and then follow up with a letter. This could still annoy the Landlord and lead to you getting served notice - but if a Landlord didn't respect my right to keep people out of my home, I would be thinking of leaving anyway...your view may differ though. If they insist they need viewings to keep the HIP valid, you could also offer to stay home if they cover your lost wages - they likely won't like this, though.

Lots of landlords and agents will respect that this is your home - people will generally understand that if reminded. If they don't respect this, then think about refusing access, changing locks etc - but best to start with the friendly approach

bethanchloe

bitsandpieces wrote: »

I'd definitely limit who can come and go to the house, and when. Often best to start with a gentle approach, though: 'this is our home so we don't want people coming and going all the time or without use there...it's busy at work for the next few weeks but we can make an appointment for DATE and will generally be able to allow views under such and such circumstances'. I'd call, and then follow up with a letter. This could still annoy the Landlord and lead to you getting served notice - but if a Landlord didn't respect my right to keep people out of my home, I would be thinking of leaving anyway...your view may differ though. If they insist they need viewings to keep the HIP valid, you could also offer to stay home if they cover your lost wages - they likely won't like this, though.

Lots of landlords and agents will respect that this is your home - people will generally understand that if reminded. If they don't respect this, then think about refusing access, changing locks etc - but best to start with the friendly approach

We told them we weren't free til 21st April and they just said it has to be this week...which is completely unfair but I'd rather not start getting on the wrong side of them again.
We've moved 3-4 times in the last 3 years and really don't want to move again!
Hopefully they'll be more specific about these 'viewings' on the phone...

poppysarah

Just say it can't be this week.
And put it in writing.

be reasonable about when viewings can be made. (one evening a week and for two hours on a weekend maybe)