House put on market 3 months before end of tenancy agreement

Doooford

Good morning all.
Just wondered if anyone knew anything about a house being sold when you are 9 months into a 12 month shorthold tenancy agreement?
Basically, this is the second time in two years that this has happened to us :eek: (incredibly unlucky with renting). We agreed to move here as it was due to be a long term rent but the owners have not become hard up and need the money from the house. The lawof the sod!
Anyway, just feels a bit cheeky having the estate agent coming in taking pictures and trying to arrange dates for viewings when our contract is not due up until September and we have not been served notice nor made clear any intention that we'd like to move.
Is this acceptable? I'll check the shorthold agreement when I get back from work as we've only just found out.
Just wondered what your thoughts were? :beer:

clutton_2

the short answer is that you do not have to cooperate with viewings if you dont want to.. tenants are entitled to "quiet Enjoyment" of their property... the LL cannot force you to have viewings...

but why not suggest viewings may be agreeable in one slot per week at your convenience

BitterAndTwisted

At least your landlord has made it abundantly clear that your agreement won't be extended and are therefore giving you plenty of time to plan your onward move, so it could be worse. I agree, it is very disappointing to feel that you've been hoodwinked into thinking that you could be there long-term.

Please take Clutton's advice about arranging viewings and don't be coerced into believing that the LL or the agent have the right to enter the property whenever they feel like it without requesting your permission first or you could find viewers traipsing about the place when you're in bed or in the bathroom, or even when you're not present.

Doooford

Hi Clutton (name rings bell, think you may have offered excellent advice before). It seems that the agents are under strict instructions anyway to put all viewings into block viewings of an hour a week. The thing is, basically that when you start having viewings, it kind of destroys the homely feeling that you have in the property, a bit like it slowly being pulled from under you. Now I know that this is the risk of renting, but I just think to be getting this invasion 3 months before is a bit early. I mean we still have to pay almost £3000 for our remaining time and it feels like we are living in a show home, which of course we are!
But unless anybody knows any different information then I'll stop bleating! :lipsrseal

Cissi

As Clutton said, you're under no obligation to allow any viewings at all, but it may be in your interest to cooperate to a degree, in order to facilitate things when you leave (reference, deposit return etc). But I don't think it's unreasonable to let the LL know that you feel it's too early and that you'll allow viewings for the last month/six weeks/two months/whatever.

Also, be aware that while the LL has to give you two months' notice to leave at the end of your AST, you don't have to give any notice at all. The house may not sell immediately, and the LL may prefer to have you in there paying rent until it does. If no notice is given (by the LL) and you remain in the house beyond the end of the AST then the contract automatically rolls over into a periodic tenancy. The LL still has to give you 2 months' notice after this, but you only need to give 1 month, giving you a bit of flexibility when you find something else to move to. And if you find something before the end of your AST you may be able to negotiate with the LL to release you early from the contract - after all you don't have to allow any viewings at all, and it's much harder to sell a property with a sitting tenant!

Wee_Willy_Harris

Doooford wrote: »

Hi Clutton (name rings bell, think you may have offered excellent advice before). It seems that the agents are under strict instructions anyway to put all viewings into block viewings of an hour a week. The thing is, basically that when you start having viewings, it kind of destroys the homely feeling that you have in the property, a bit like it slowly being pulled from under you. Now I know that this is the risk of renting, but I just think to be getting this invasion 3 months before is a bit early. I mean we still have to pay almost £3000 for our remaining time and it feels like we are living in a show home, which of course we are!
But unless anybody knows any different information then I'll stop bleating! :lipsrseal

Sorry for barge in, but, as Clutton has already stated, ANY non emergency access to your home is very much at your discretion. You COULD refuse all viewings until your tenancy ends and you have vacated. However, the likely reaction from a LL wanting to sell would be to serve you notice.

On the other hand, as the LL will benefit from your cooperation, it MIGHT be worth expressing your discomfort (politely) to the landlord and see if a mutually agreeable solution can be found. Maybe a reduction in the rent while you are facilitating viewings?

tbs624

Cissi wrote: »

lAlso, be aware that while the LL has to give you two months' notice to leave at the end of your AST, you don't have to give any notice at all. The house may not sell immediately, and the LL may prefer to have you in there paying rent until it does. If no notice is given (by the LL) and you remain in the house beyond the end of the AST then the contract automatically rolls over into a periodic tenancy. The LL still has to give you 2 months' notice after this, but you only need to give 1 month, giving you a bit of flexibility when you find something else to move to.

My highlighting. The LL may, in fact, have already validly served a S21 early on in the tenancy in which case he can proceed straight to court at the expiry of the Fixed Term.

tbs624

Wee_Willy_Harris wrote: »

Sorry for barge in, but, as Clutton has already stated, ANY non emergency access to your home is very much at your discretion. You COULD refuse all viewings until your tenancy ends and you have vacated. However, the likely reaction from a LL wanting to sell would be to serve you notice.

The T is still 3 months within their Fixed Term and is clearly going to have to move eventually anyway. The vendor/LL is likely to end up with a void period, with no sale and no T in situ to cover the mortgage either , if they p*ss the T off

Wee_Willy_Harris wrote: »

On the other hand, as the LL will benefit from your cooperation, it MIGHT be worth expressing your discomfort (politely) to the landlord and see if a mutually agreeable solution can be found. Maybe a reduction in the rent while you are facilitating viewings?

In these circumstances, it is the LL/vendor who should be "asking politely" if the T would work with them. The alternative may be the old cabbages and kippers for supper on viewing nights, with a copy of the " how to deal with the neighbours from hell" and " xx Council's guide to damp in your home" left lying around ........

Wee_Willy_Harris

tbs624 wrote: »

The T is still 3 months within their Fixed Term and is clearly going to have to move eventually anyway. The vendor/LL is likely to end up with a void period, with no sale and no T in situ to cover the mortgage either , if they p*ss the T off

In these circumstances, it is the LL/vendor who should be "asking politely" if the T would work with them. The alternative may be the old cabbages and kippers for supper on viewing nights, with a copy of the " how to deal with the neighbours from hell" and " xx Council's guide to damp in your home" left lying around ........

I don't think politeness is a bad thing on either side. I was merely offering an option when the OP has highlighted the cost of the remaining 3 months rent. LL asks a favour(viewings), then tenant asks a favour (rent reduction. Keep everything polite and there's a better chance of an agreeable outcome.

As for your last paragraph, my feeling is that you either cooperate with the viewings, or you don't. Going out of the way to p the LL off when you have more pressing issues to deal with seems a bit pointless, frankly. But I'm sure you know best.

tbs624

,

Wee_Willy_Harris wrote: »

I don't think politeness is a bad thing on either side.

Glad we're in agreement there, even though your original post made reference only to the T " expressing his discomfort politely" rather than any politeness on the part of the LL.

Wee_Willy_Harris wrote: »

I was merely offering an option when the OP has highlighted the cost of the remaining 3 months rent. LL asks a favour(viewings), then tenant asks a favour (rent reduction. Keep everything polite and there's a better chance of an agreeable outcome.

The OP would probably have been happier with a longer tenancy from the sound of it, so having to move out sooner than expected, albeit with the possibility of a minor financial reward for co-operating with viewings, may not be seen by him/her as an "agreeable outcome".

Wee_Willy_Harris wrote: »

As for your last paragraph, my feeling is that you either cooperate with the viewings, or you don't. Going out of the way to p the LL off when you have more pressing issues to deal with seems a bit pointless, frankly. But I'm sure you know best.

Thanks , and also for sharing your "feeling". Read more carefully though - the point was that a LL in these circumstances may find that a T effectively scuppers their viewings, if not treated with due consideration. The T may not be "going out of his/her way" - it may always be cabbages and kippers for supper on Tues and Fri eves and the pamphlets mentioned may be their preferred regular reading material ...

franklee

tbs624 wrote: »

My highlighting. The LL may, in fact, have already validly served a S21 early on in the tenancy in which case he can proceed straight to court at the expiry of the Fixed Term.

Good point. The advice to check if an S21 has already been served is often missed round here. Experienced tenants would likely notice a S21 but it's surprising how often on this forum that less experienced tenants miss them or don't understand the S21 remains valid when they are served early.

Everyone is going to react differently to viewings but my view is I don't want the uncertainty and hassle and certainly don't want viewings when I'm not present. My focus would be on finding somewhere new and once found then I'd be happy to have a limited number of viewings if I felt the agent had been reasonable. Starting three months before the tenancy could end is way too early IMO. I identify with the OP's "show home" feeling. It was hard work enough when selling my own house and viewings only lasted a few weeks, I'd certainly not be working like that to sell someone elses house while I pay full whack of rent for the privilege. I realise I could not tidy up etc. but I don't want my private paperwork and possessions on display to random strangers. As for accepting a rent decrease to be at their beck and call, a rod for ones own back springs to mind and I doubt they'd discount anywhere enough to make that worth my time.

As for threats from Cissi of a LL giving a bad reference for not cooperating, usually that's a real threat but would hampering the tenant finding somewhere new really work for a landlord who ultimately wants the tenant to leave?