Landlord selling ... tenants rights re viewings?

ivan_the_not-so-terrible

The house we've been renting is being sold. The LL's moved to NZ just before we moved in on a 2 year contract. They've obviously settled and now want to sell the house we're in (fair enought).

The selling agent is a different company to the letting agent, and thus far, have used some quite aggressive tactics to try and speed us out. We have 6 months remaining on the contract and haven't yet found alternate accomodation (we were only told of their intention to sell one month ago). The estate agent came to value on the premiss of an insurance valuation, but we smelt a rat even then (later to be confirmed). The selling agent has been stirring up trouble by lieing about the state of the house and accussing the letting agents of not overseeing the house properly. This is aa blatent lie as my wife is VERY house proud and the place is spotless (far far cleaner than when the LL's moved out ... "as backed up by the intinery") We have two dogs (which the LL's knew about), the selling agent haas said that they've trashed the garden ... again rubbish! He did turn up just after the snow, when the garden looked slushy, but that was just the weather and obviously where the dogs had created pathways ect. Our letting agent came and took photos two weeks ago and said they were perfectly happy with the way we kept the house and garden.

The selling agents want access to view with potential buyers, and despite not really feeling like cooperating, I'll agree. They wanted a key however, and I've said NO because of the dogs and our privicy.

I'd like to know what my rights are regarding viewings? What notice do they need to give? Can they demand a key? (the letting agents are happy to go with my decision not to hand one over), how many viewings are acceptable ect?

We have six months to go and pay £1400/month for the priviledge (the rent here is on the high side of the average for a house of the same type in the area). I feel that should buy us some privicy, and the LL's surely can't simply walk over us in their effort to sell?

Ivan

scott567

Up in scotland as far as I know the tenant is entitled to a right to quiet enjoyment of their property so any of these kinds of visits shouldnt be unsolicited.

They can't demand a key and if you wished you wouldnt have to carry out viewing or give them permission, this is purely your goodwill.

Generally I think 24hrs would be the minimum to give notice.

You have the upper hand here, as you are giving them access

Catblue

The selling agents sound like real charmers. Not.

You don't have to allow any viewings and you do not have to give them a key. However, you have been reasonable and said that you will allow some viewings so they should be eternally grateful to you.

How about giving them 3 time slots per week? Say Monday 5 - 7, Wednesday 2 -4 and Saturday 10 - 12. Something like that or whatever suits you personally. This will cause less disruption to yourselves and the dogs.

Write to them politely stating that you do not give permission for them to use a key since the dogs may be unpredictable in the presence of strangers trying to enter your home unaccompanied. Give them the time slots that are acceptable to you and remind them that this is your home for the next 6 months.

And do make sure that you do put everything in writing to them (including the dog thing), in case they've forgotten what you've told them verbally. Send the letter recorded delivery.

DVardysShadow

I would tell the selling agent that because of the trouble they have been creating with the letting agent, they must stay clear of the property and that they should suggest that it is in their clients' interests to appoint another selling agent. And tell the same to the LL.

bellrooster

Like the other poster says, you have the right to quiet enjoyment of the property and I think the Selling agent has a cheek asking for a key and I certainly wouldn't even entertain the idea of giving them one.

You don't have to allow any viewings if you don't want.

I've just noticed that there has been another reply suggesting time slots for viewings and I think that is a good idea. Personally I wouldn't want to avail myself 3 times a week, but that is entirely up to you to decide what is good for you.

I also wouldn't be in the least bit concerned what the selling agent has to say about the state of the property, you're contract is with the letting agent/LL not with them.

Good luck and I hope you find a nice new place to move to!

ivan_the_not-so-terrible

Thanks, that makes a lot of sense!

tbs624

Catblue wrote: »

....Write to them politely stating that you do not give permission for them to use a key since the dogs may be unpredictable in the presence of strangers trying to enter your home unaccompanied.

OP- there is no need to use the dogs as an excuse for why you do not wish to provide the EA with a key- merely state in writing that the tenancy affords you exclusive occupancy of the property, that the covenant of "quiet enjoyment" applies to the tenancy, &that you don't consent to any viewing unless you are present and prior consent has been agreed with you in writing. Send a copy to both the EA who are selling the property and to your own LA, and keep a copy for your own records

Catblue

tbs624 wrote: »

OP- there is no need to use the dogs as an excuse for why you do not wish to provide the EA with a key- merely state in writing that the tenancy affords you exclusive occupancy of the property, that the covenant of "quiet enjoyment" applies to the tenancy, &that you don't consent to any viewing unless you are present and prior consent has been agreed with you in writing. Send a copy to both the EA who are selling the property and to your own LA, and keep a copy for your own records

I honestly do think it is worth mentioning the dogs - if only to ensure that if a staff member at the EA does decide to enter then the OP has demonstrable evidence that the OP warned the EA about the dogs previously.

It will also make it less likely that someone will just decide to enter anyway.

How many times on here do you hear of tenants who have requested written notice of visits from a letting agency or landlord and come home to find that some work has been done while they have been out? Just because someone is not supposed to enter does not mean that they will not. There was a fella on here last week who went downstairs in his house to find two maintenance men in his front room.

The presence of dogs in the house means that unannounced visits are not just an inconvenience or an invasion of privacy - it means that a dangerous situation could result. As a dog owner, I would ensure that the EA knows about the dogs.

snapping_crocodile

It sounds like the LA are supporting you, but if you feel uncomfortable at the thought that the selling agents may try a few underhand tricks to get hold of the key then you could always change the locks, and then replace them before you leave, giving you peace of mind. The advice given by the other posters about time slots is also good advice, and as someone else has said make sure your communication takes place in the form of written letters sent by recorded delivery. Just as an aside as well, are the selling agents expecting you to show potenital buyers around as well. In a previous rental property I lived in that was being sold, that was expected of me, and I wasn't happy about that, in my opinion it should have been the agent, not the tenant

DVardysShadow

snapping_crocodile wrote: »

Just as an aside as well, are the selling agents expecting you to show potenital buyers around as well. In a previous rental property I lived in that was being sold, that was expected of me, and I wasn't happy about that, in my opinion it should have been the agent, not the tenant

Selling Agent goes back to sleep. Meanwhile, tenant shows viewer around.
"cough herrumph cough splutter. Its the damp and it plays hell with my asthma he doesn't keep the place in good order I'm really worried about the boiler.Wheeze cough herrumph. Neighbour drives up here like an idiot and he'll kill someone - their dogs may be quiet now, but they just bark all day and the music. They don't maintain their gutter and the damp gets on the back wall. I've cleaned it, but it isn't 2 minutes till it's back cough splutter wheeze. I shan't be sad if he sells it, I shall be glad to get away from it."
LL to letting agent "I've had no offers so let it out for another 6 months".

Fire_Fox

ivan_the_not-so-terrible wrote: »

The house we've been renting is being sold. The LL's moved to NZ just before we moved in on a 2 year contract. They've obviously settled and now want to sell the house we're in (fair enought).

The selling agent is a different company to the letting agent, and thus far, have used some quite aggressive tactics to try and speed us out. We have 6 months remaining on the contract and haven't yet found alternate accomodation (we were only told of their intention to sell one month ago). The estate agent came to value on the premiss of an insurance valuation, but we smelt a rat even then (later to be confirmed). The selling agent has been stirring up trouble by lieing about the state of the house and accussing the letting agents of not overseeing the house properly. This is aa blatent lie as my wife is VERY house proud and the place is spotless (far far cleaner than when the LL's moved out ... "as backed up by the intinery") We have two dogs (which the LL's knew about), the selling agent haas said that they've trashed the garden ... again rubbish!
Ivan

The landlord is not allowed to critique the state you keep the property in and that goes for his agents, as you have the right to quiet enjoyment. You also have the right not to be harassed out of the property, again as the agents work on behalf of the landlord it could be deemed that the landlord is trying to illegally evict you. There fore I would suggest you inform the landlord of the actions of his agent, and ask for an alternative agent to be appointed.

This is the same quote I always post, so apologies to those for whom it is old hat!!

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/