House put on market 3 months before end of tenancy agreement

SnowMan

Doooford wrote: »

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!

Might be worth contacting your local CAB (use the find the local bureau search box on the left) or Shelter for advice.

Not least so you can say to the landlord that you have sought advice from them so you can show the landlord you know where you stand in terms of quiet enjoyment of the property. That may lead to the landlord backing off.

There is also good information on the Shelter website including what happens if the property is repossessed and on what to do if you are being harrassed by teh landlord.

Good luck.

Wee_Willy_Harris

Doooford wrote: »

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!

Hopefully, a good nights sleep and a chat with his solicitor will give him pause for thought. Worse case scenario is that the LL excersises his legitimate right to serve notice. If he (wisely) goes for S21, it makes little difference to you as this expires at the end of the tenancy anyway. He might go for a S8 as well, but the only ground he can rely on is ground 12, breach of tenancy conditions. This is a discretionary ground and it is doubtful that possession would actually be granted, but he might use it to scare you.

As for "getting the law in"... You still hold the big cards on that score. If he attempts to gain access, calls at unsociable hours or harasses you in any other way, get plod involved.

I would write him a very polite letter (remember, it may be read out in court and you DO want to appear to be the reasonable party) reminding him that you have NOT given permission for any viewings and that further communications between you should be restricted to either letters or direct communication at specified hours (ie between 9am and 6pm, monday - friday) so as to minimise the disturbance to you. Keep notes of all and any conversations and, wherever possible, write him a brief note with your understanding of any telephone conversations you may have had. Keep copies of everything.

AnnaV

The "reasonable notice" is not reasonable on the tenant's part but reasonable on the landlord's. So, he must give you a minimum of 24 hours notice and anything less is unreasonable. It does not mean that if you say no upon being given more than 24 hrs notice that you are being unreasonable.

The only time a landlord can enter without having given reasonable notice AND having permission is if there is an emergency (burst water pipes, roof caving in etc).

Also note that he is liable for anyone acting on his behalf entering the property (e.g. estate agent) and you could still sue him for nuisance / trespass /harrassment if it did happen.

Stand your ground - you are completely within your rights.

clutton_2

asking for a rent reduction is barking.. - that was a really confrontational approach to someone who is already in a very difficult mood... no wonder you have upset him even more .... negotiate a time slot when you are willing for viewings....

Wee_Willy_Harris

clutton wrote: »

asking for a rent reduction is barking.. - that was a really confrontational approach to someone who is already in a very difficult mood... no wonder you have upset him even more .... negotiate a time slot when you are willing for viewings....

I disagree. Negotiation is all about give and take. The starting point for this negotiation is that the LL cannot have his property viewed in order to sell it and the tenant is paying full rent for exclusive access and peaceful enjoyment of their home. Your idea of negotiation seems to be that the tenant gives and the LL doesn't. That's not negotiation, that's capitulation.

DVardysShadow

Doooford wrote: »

Many thanks for all of your responses. I am going to discuss with the LL tonight over coming to an arangement. Basically I see the quiet enjoyment clause being completely disregarded as soon as viewings start. So I'm going to offer a 25% decrease in rent to allow viewings, or they will just have to wait until a month before the end of the tenancy.
Let's wait and see!

clutton wrote: »

asking for a rent reduction is barking.. - that was a really confrontational approach to someone who is already in a very difficult mood... no wonder you have upset him even more .... negotiate a time slot when you are willing for viewings....

Absolutely disagree with you, clutton. Dooford has already conceded access in the last month of the tenancy. That is reasonable!

Asking for a rent reduction for earlier viewings is fair enough. AFAICS, especially as tenant can refuse all viewings.

clutton_2

you are quite right guys... got my grumpy head on today.. sorry

Wee_Willy_Harris

clutton wrote: »

you are quite right guys... got my grumpy head on today.. sorry

Forwarned is forarmed

clutton_2

dont bank on it :rotfl:

franklee

Doooford wrote: »

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!

I'm really sorry to hear you have such an intransigent landlord. If you want access to more legal bumf then perhaps you could consider a short membership of Tessa's site, there are several options starting at four quid:
http://www.landlordlaw.co.uk/nonmembers.ihtml
Not that I've ever seen in there but Tessa does seem to know her stuff.

I don't recall if you are renting through a letting agent, if so they can sometimes be the voice of reason against an unreasonable landlord if they have access to reasonable legal advice, so you could try via them or any bodies they are a member of.

Also try the selling agent by telling them directly, at least tell them they aren't to enter without specific permission. They may get it if they have a lettings section in their business.

Otherwise you could try quoting the advice from Tessa and Shelter already linked to and hope the landlord gets the message when he takes advice.

If you go the change the locks route, change the barrels only and retain for reinstatement when you leave. This cuts out any arguments over the number of keys that need cutting and if the lock is of the right standard as they get theirs back when you go.