House put on market 3 months before end of tenancy agreement

Ulfar

Have they protected the deposit and have you had the notification ?

If not they can't serve a s21.

More worryingly if they are having to sell for financial reasons you may struggle to get it back. Its not legal but at that point you have to consider withholding your last months rent.

Personally I would deny any viewings until the last month of your tenancy, keeping the place really tidy is a pain in the !!!!. Also you don't know the people who are going to be wandering round your house, not every one is honest.

Wee_Willy_Harris

Quiet enjoyment in enshrined in both the 1977 Protection from Eviction Act AND the 1988 Housing Act. As such, it "trumps" whatever may be in your tenancy agreement.

Doooford

Ulfar wrote: »

Have they protected the deposit and have you had the notification ?

If not they can't serve a s21.

More worryingly if they are having to sell for financial reasons you may struggle to get it back. Its not legal but at that point you have to consider withholding your last months rent.

Personally I would deny any viewings until the last month of your tenancy, keeping the place really tidy is a pain in the !!!!. Also you don't know the people who are going to be wandering round your house, not every one is honest.

Hi Ulfar,
We have the DPS certificate, all was above board.
Thank you, thank you

LittleJane_2

I am sorry to hear about your troubles,
I am not an expert but remember if the LL has money problems and is not paying the morgage it open a whole new can of worms. It will not be buyers knocking but bailifs. i would start looking for a new home, ASAP

Wee_Willy_Harris

The recent case of Odera v. Iqbal may be worth quoting. Although the details of the case are quite different (illegal eviction with force) there was an element of harassment prior to the eviction which was recognised and singled out by the judge. Of the damages awarded, £500 was specifically awarded for the "breach of covenant for quiet enjoyment and tresspass".

Fire_Fox

"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/

sequence

So, tell the landlord the case is closed, any further communication on this matter will be deemed harassment.

Why does he think he can have a rental income and market the property ? Insanity.

Fire_Fox

"Quiet enjoyment: A tenant's right of undisturbed enjoyment of premises. Quiet enjoyment is an implied term of all tenancies."
http://england.shelter.org.uk/legal/glossary_of_legal_terms/glossary_a-z/15

"Your right to live in your accommodation undisturbed
You have the right to live in your accommodation without being disturbed. You have control over your home so that your landlord and other people cannot freely enter whenever they want to. Your landlord cannot limit or otherwise interfere with your right to live in your home. If your landlord tries to do this s/he may be guilty of harassment, which is against the law."
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

Doooford

Good morning,
Well I talked to the LL last night. Put across all of the relevant points and suggested that for us to allow viewing 3 months before the end of the tenancy I would like him to consider a rent reduction. He basically laughed at this and quoted the terms of the contract that we have to allow viewings and that we signed the contract to pay £900 so we must continue. Looks like things are about to get a bit fraught.
His attitude isn't really endearing him much to us at the moment, and he signed off the conversation by saying that he expects a resolution (meaning us to back down) within 24 hours, or else he'll get the law involved!
Hopefully last night he actually did some research and realised that he actually isn't the king of the world and all must bow to him!

sequence

1. Change the locks and forget about him.

2. Set up a camera for when he brings viewers round and can't let them in :rotfl: