House put on market 3 months before end of tenancy agreement

Wee_Willy_Harris

Shelter will, I'm sure, put your mind at rest.

Most soliciors have little idea of the finer specific details of LL/T law.

DVardysShadow

Doooford wrote: »

... even received a call from the EA telling me when was good for them to come and carry out their measurements. I explained that we were in discussions with the landlord and they sounded shocked that we wouldn't be happy for them to come around.
Going to get advice from Shelter this afternoon as I'm worrying that we are being unreasonable and that actually they might massacre our deposit and refuse a reference

I think now is the time to change the locks and adamantly refuse entry for measuring up. You may be on stronger grounds to refuse this than viewings [although you grounds to refuse viewings are strong]. But while measuring up is refused, it becomes difficult to market the place.

There are no grounds to massacre the deposit [I forget, but I presume we have established earlier that your deposit is protected] and you could I suppose, put an agreed reference into whatever you do settle on.

Doooford

DVardysShadow wrote: »

I think now is the time to change the locks and adamantly refuse entry for measuring up. You may be on stronger grounds to refuse this than viewings [although you grounds to refuse viewings are strong]. But while measuring up is refused, it becomes difficult to market the place.

There are no grounds to massacre the deposit [I forget, but I presume we have established earlier that your deposit is protected] and you could I suppose, put an agreed reference into whatever you do settle on.

Is this a good idea though? I think I'd advise a similar thing, but when it actually is me who comes to doing it. This seems like a last resort that very definitely states that I am now a "difficult tenant". I could do without winding him up, especially as there is a chance of a middle ground being found. Ideally I just fancy a couple of months of peace for my ££££'s

Wee_Willy_Harris

Doooford wrote: »

Is this a good idea though? I think I'd advise a similar thing, but when it actually is me who comes to doing it. This seems like a last resort that very definitely states that I am now a "difficult tenant". I could do without winding him up, especially as there is a chance of a middle ground being found. Ideally I just fancy a couple of months of peace for my ££££'s

The only way he will know that you've changed the locks is if he (or his agent) tries to gain access against your wishes. I'm sure he wouldn't try that, but if he did, would you be happy with him ignoring your wishes?

sequence

Remember you're absolutely withing your rights to refuse all access for selling. Don't be intimidated by the agent, and stop communicating by email/phone. The will not make such silly statements in writing.

Change the locks ASAP (do it yesterday)

gbcasual

Doooford wrote: »

......we had signed that right away under the terms of the contract. He said that his conveyancing solicitor had advised that all his rights were watertight

Surely you need to go over your contract to try and determine why your LL and his solicitor believes this is watertight i.e. determine if you have actually signed away any rights as he says?

Wee_Willy_Harris

gbcasual wrote: »

Surely you need to go over your contract to try and determine why your LL and his solicitor believes this is watertight i.e. determine if you have actually signed away any rights as he says?

You can't "sign away your rights" in the manner you describe.

DVardysShadow

Doooford wrote: »

Is this a good idea though? I think I'd advise a similar thing, but when it actually is me who comes to doing it. This seems like a last resort that very definitely states that I am now a "difficult tenant". I could do without winding him up, especially as there is a chance of a middle ground being found. Ideally I just fancy a couple of months of peace for my ££££'s

It looks to me that you LL is not interested in middle ground here. When you offered access for 25% off, he didn't bite and negotiate towards 5% off. He is offering nothing and demanding everything, he is blustering about solicitors.

A conveyancer is far from guaranteed to have any expertise on the operation of some of the finer points of tenancy law, but I would expect that most would avoid shooting their mouths off outside of expertise - probably he is muddled over advice relating to what happens if you don't move out.

I think too, you have very little chance of leaving there with a 'good' reference - but equally, if you have paid your rent on time and he can't fault the state in which you hand the place over, then he can only criticise you as an 'awkward' tenant - and you could pre empt that by describing your tenancy to the new agent when discussing references.

terryw

I would be inclined to write back to the LL and with a copy to the agent suggesting that the LL has perhaps misunderstood the advice given by his solicitor as entry without permission is a gross breach of the law and you don't really feel that a solicitor would advise this. But to avoid any doubt, perhaps they will instruct the solicitor to write to you confirming this alleged advice so that you may take it up with the relevant authorities.

franklee

He asked his conveyancing solicitor, sorry but that doesn't mean the guy has detailed knowledge of landlord and tenant law. If he provided the contract he may also be defensive of it.

If you written saying you don't give permission then the LL has no excuse to go against that but I'd bet he will. Things is there isn't much you can do after the event which is why I'd be changing the locks now as there's proof they aren't listening.

There are some cases where you will be dubbed an awkward tenant whatever you do so I'd stop worrying about that. You could be a doormat and still get problems with a landlord as intransigent as this. After all if they make it awkward for you to leave they are shooting themselves in the foot. Besides you will have your correspondence to show it wasn't your fault and can head off any problems by explaining it to the next agent.