House put on market 3 months before end of tenancy agreement

Wee_Willy_Harris

tbs624 wrote: »

, 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.

Well, I see so many posts here expressing the tenants rights and their need to enforce them with some vigour, often just short of advising the tenant to tell the LL to "f#$k off!", that I thought, as the tenant will initiate the discussion, starting off with a polite expression may be the most prudent.

Wee_Willy_Harris

tbs624 wrote: »

, 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".

The tenancy will almost certainly come to an end either way, so a few extra quid in the tenants pocket may assist in their efforts to resolve their personal commitments. It's just an option.

Doooford

Hi all and thanks for the advice. Just to clarify, we have not been served an S21 at any point, so we are safe for a while.
The thing that is most upsetting about this is that we had a similar situation just after the birth of our child last year, our landlord got ill and needed to come home to be close to family, so our current LL was well aware of our situation and assured us of a safe residence for years to come. Now it was only verbal and we understood that their would be a years tenancy agreement and then a rolling contract. I know there is always a chance of this happening, but the way it's been handled is a bit raw to say the least. Basically got a call from LL saying we're really sorry but we need to sell, then the next day get a call from agent wanting to take pictures who told us the house was on the market immediately!
Anyway, noticed in our tenancy agreement that:-

"The landlord or his agent is permitted to enter and view the premises at reasonable hours with prospective tenants or purchasers of the premises"

Is this a standard term and would this override our right to choosing viewing times? I mean it reads as though if 24 hours notice is given then they can just come around. Due to having a young baby in the house, actually almost all of the time is not a suitable time.

There is nothing about 2 months notice in the agreement, is that standard by law anyway?

Many thanks

Wee_Willy_Harris

Doooford wrote: »

Hi all and thanks for the advice. Just to clarify, we have not been served an S21 at any point, so we are safe for a while.
The thing that is most upsetting about this is that we had a similar situation just after the birth of our child last year, our landlord got ill and needed to come home to be close to family, so our current LL was well aware of our situation and assured us of a safe residence for years to come. Now it was only verbal and we understood that their would be a years tenancy agreement and then a rolling contract. I know there is always a chance of this happening, but the way it's been handled is a bit raw to say the least. Basically got a call from LL saying we're really sorry but we need to sell, then the next day get a call from agent wanting to take pictures who told us the house was on the market immediately!
Anyway, noticed in our tenancy agreement that:-

"The landlord or his agent is permitted to enter and view the premises at reasonable hours with prospective tenants or purchasers of the premises"

Is this a standard term and would this override our right to choosing viewing times? I mean it reads as though if 24 hours notice is given then they can just come around. Due to having a young baby in the house, actually almost all of the time is not a suitable time.

There is nothing about 2 months notice in the agreement, is that standard by law anyway?

Many thanks

The 24 hours notice is a pretty standard term and reflects good practice. However, it is over-riden by your right to "Peaceful enjoyment" so the advice given still stands. Acces is at YOUR discression.

2 months notice (minimum) is enshrined in the 1988 Housing Act (Section 21 if you're interested).

Doooford

Wee_Willy_Harris wrote: »

2 months notice (minimum) is enshrined in the 1988 Housing Act (Section 21 if you're interested).

Ah, thanks Willy you beat me to it. Just been reading the act and found the clauses.

Nice work! :beer:

RobertoMoir

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

You need to remind the LL and the agent that as the property is your home, and your right to quiet enjoyment as a tenant trumps what they need to do to sell the property, that you have decided that all viewings will in blocks of "whenever Doorford feels it is convenient for Doorford" and that if they don't like that then what will be convenient for you will be blocks of "no viewings at all while I'm still living here, how do you like those apples".

You have the right to peace and quiet, but you do have to assert that right. The blurb in your contract is arguably them asking for and you agreeing to blanket permission for them to come in under those circumstances. You have the right to withdraw that permission or modify it. Do so in writing and make it clear that you're not inviting a discussion on the matter, but rather that you are aware of your rights and are simply asserting them...

CJE

An investor may want to buy the property and keep you on as tenants. It may be worth finding out whether it's being marketed as this.

Doooford

Good morning CLE, the property is just being marketed as a family home as far as I know. I'll check to see at the weekend to confirm, but obviously this may be the case which would be great.
Something I can't quite work out in the Housing Act 1988 is, I can see that we have to be given 2 months notice under the shorthold tenancy agreement, but in October when it goes on to a rolling term, would the 2 month notice period still stand? The way I've read it this is the case, but just want to make sure!

sequence

Think you are mis understanding it, they can't give you "notice" whilst your in the fixed term except for you to leave at the end of the fixed term.

tbs624

Doooford wrote: »

Something I can't quite work out in the Housing Act 1988 is, I can see that we have to be given 2 months notice under the shorthold tenancy agreement, but in October when it goes on to a rolling term, would the 2 month notice period still stand? The way I've read it this is the case, but just want to make sure!

If you are not served with a S21 notice during your Fixed Term and the tenancy has become a stat periodic the LL is required to give you two months notice and you have to give him/her one month's notice, such notices to line up with the rental period.

If the LL serves you with a S21 notice to coincide with the expiry of your Fixed Term and you remain in residence at the property after the relevant date they will then have to proceed to court before regaining possession.