Can my landlord do this? please help!

vicster1983

Hi all

We (myself and my boyfriend) been renting in a property for about a year and nine months now. Nine months ago our tenancy turned into a periodic tenancy.

Our landlord phoned me two days ago to tell me that he had decided to sell. We are absolutley gutted (this is our first 'home' together), but it's fair enough. That's just one of the down sides of being a renter!

Within a day the estate agent selling the property called us to ask to have keys cut. He told us he had already arranged several viewings during the day and at the weekend. At this point, I thought the landlord had a right to show people round (with 24 hours notice). Then I had a look online and it appears that the landlord has no legal right to have buyers looking around the property. But I'm not sure on the exact legalities.

It's not that we want to stop buyers looking round, its just that we do have a right to 'quiet enjoyment'. We want to stop the bullying estate agent from just doing whatever he wants. We are also a bit miffed that the landlord and estate agent have made demands (although were somewhat shifty) when they don't have a right to.

I am wondering whether the fact we are on periodic tenancy affects our rights. I am also wondering whether, if/once the landlord serves notice, he will then have the legal right to show people around.

I would be so grateful for some advice or for the benefit of your experience!

Thank you

Fire_Fox

The landlord or his agent does not have the right to enter the property without your consent during any part of the tenancy, even after notice has been served. Best thing to do is send a recorded delivery letter to your landlord reminding him that you have the right to quiet enjoyment of your own home - if you wish it would be good practice to agree to appointments on, say, Wednesday evening and Saturday afternoon. The agent is not contracted to you so I would suggest you refer them back to their employer.


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/

Photojonic

Hi, totally understand what you are going through. I recently found out that my landlord is planning to sell the property I'm in at the moment, my initial 12 months is up in 2 weeks and we then go onto a rolling monthly contract.

You will need to check the contract you signed with the landlord initially... whilst the initial period may have expired, the majority of the clauses would have continued with your continued occupation. All of the tenancy contracts I have signed in recent years have stated that landlord and/or his assigned agents have the right to do viewings providing they give a minimum of 24hrs notice within the last 2 months of the initial period.

Remember, if they don't give 24hrs notice then you have the right to refuse entry.

As for 'peaceful enjoyment' depending on the agent/landlord that you can refuse to provide a key (after all you are responsible for the security of your belongings) and therefore insist on being present for any viewings. It is the landlords responsibility to provide a key to the agent, not yours.

princeofpounds

I am wondering whether the fact we are on periodic tenancy affects our rights.

No. LL must give you 2 months notice to depart, otherwise all other conditions the same.

I am also wondering whether, if/once the landlord serves notice, he will then have the legal right to show people around.

No. LLs only have absolute right of entry in an emergency (gas/water accidents mainly).

You can deny all other access to the property if you wish. There may be a phrase in your contract about permitting viewings or about 24 hours notice, but this just counts as standing permission and can be revoked at any time. They are not enforceable clauses and have no serious legal standing.

However, there is no offence of trespass if they do enter, nor will there be any legal penalties unless you suffer a quantifiable loss and sue them. So your first line of enforcement is to state in writing that you do not wish to have any more unauthorised access and that permission must be obtained for all viewings which will be arranged at times suitable for everyone, not just the agent. Your second line is to change the lock barrel (perfectly within your rights, though you must change back at the end of the tenancy).

Of course, if you deny access the LL will serve notice ASAP. But then you'll be going sooner or later anyway, so that's not such a big deal.

The best solution is always mutual agreements with some flexibility but respect for the fact that as tenants it is still your home.

Fire_Fox

Photojonic wrote: »

You will need to check the contract you signed with the landlord initially... whilst the initial period may have expired, the majority of the clauses would have continued with your continued occupation. All of the tenancy contracts I have signed in recent years have stated that landlord and/or his assigned agents have the right to do viewings providing they give a minimum of 24hrs notice within the last 2 months of the initial period.

The legislation overrides any unfair or unenforceable clauses in the AST.

princeofpounds

Firefox is right. Photojonic is only partially right, you have the right to refuse entry regardless of 24hrs notice, and whatever your contract says it cannot override your rights in statutory law and common law.

eileenfromplaistow

On a purely personal note, I would be looking for another place pronto(after notice of course), so that I could leave the LL with no income while he tries to find a buyer! And there are always the questions that viewers ask, about damp...........

Wee_Willy_Harris

eileenfromplaistow wrote: »

On a purely personal note, I would be looking for another place pronto(after notice of course), so that I could leave the LL with no income while he tries to find a buyer! And there are always the questions that viewers ask, about damp...........

And what purpose would that serve YOU???

franklee

Wee_Willy_Harris wrote: »

And what purpose would that serve YOU???

Eh? Surely the sooner a tenant gets on with arranging to move the quicker they can be done with irksome viewings and worrying if the overzealous estate agent has been sneaking in against their instructions. Also it allows the tenant the most time to find somewhere new and move on their timescale. Certainly I'd not be sitting around suffering viewings and waiting to be given notice.

OP, Unless you get a clear answer from the estate agent that they will respect your rights over viewings then I'd change the lock barrels reinstating them at the end of the tenancy. Unfortunately many estate agents don't understand a tenant's rights and ignore them when told.

Wee_Willy_Harris

franklee wrote: »

Eh? Surely the sooner a tenant gets on with arranging to move the quicker they can be done with irksome viewings and worrying if the overzealous estate agent has been sneaking in against their instructions. Also it allows the tenant the most time to find somewhere new and move on their timescale. Certainly I'd not be sitting around suffering viewings and waiting to be given notice.

OP, Unless you get a clear answer from the estate agent that they will respect your rights over viewings then I'd change the lock barrels reinstating them at the end of the tenancy. Unfortunately many estate agents don't understand a tenant's rights and ignore them when told.

I asked, what purpose of the tenants would be served by pointing out "problems" and being a fully paid up member of the awkward squad to spite the landlord?

BitterAndTwisted

OP please don't forget that your landlord will have to serve you with a Section 21 notice giving you two months notice. Until they've done that and you've vacated the only people who would be interested in the property are cash-buyers. Anyone who needs a mortgage wouldn't be able to get one until the property is empty as their mortgages are dependent upon gaining free, vacant possession and until you've handed the keys back there's no guarantee of it.

I think your landlord and their agents have put the cart before the horse but I daresay your S21 notice will be coming in the post quite soon. Best to start making plans for your onward move asap and try to appear reasonable about viewings if you want your full deposit back and a decent reference