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House I'm renting may be sold. Question ?
Comments
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I think it is reasonable for the Landlord to expect reasonable access to the property for the purpose of showing prospective buyers/new tenants around - especially if this is in the contract. However, I also think it reasonable for you to be paid each time a viewing is arranged. Maybe also a %age of any sale.
GGThere are 10 types of people in this world. Those who understand binary and those that don't.0 -
Hi,
Usually, if your landlord requires access to the property then they have to give you reasonable notice. This should usually be 24 hours and in writing. This includes access for showing prospective buyers round the property. You do not have to allow the landlord or his representative access whilst you are not in the house. You have the right of quiet enjoyment of the property.
Regarding the potential eviction, your Landlord would be required to serve you with a Notice to Quit. With your tenancy, the earliest they could serve this would be two months prior to the end of the 6 month contract. It should expire the day before your next rent period. If you have been unable to find suitable alternative accommodation before the Notice expires, you do not have to vacate the property and your Landlord would be required to apply to the Court for Possession.
If you are renting via a Lettting Agents, it might be a good idea to go and speak to them about the situation. As the Landlord would probably want the property vacant at some time in the near future if he is able to sell, then they may be able to find you a suitable alternative property."I've fallen down a hole" - said in best Monty Python voice-over.0 -
I always cooperate with next-tenant viewings - agreeing to be at home to let the letting agent or landlord in, or giving permission for them to come in while I'm out - for the sake of good relations with the landlord.
But I certainly wouldn't expect to have to show them round. That's just cheeky. And it doesn't sound like the agent is too keen to promote the house if he can't be @rsed to do it himself.0 -
Quiet Enjoyment means that - A tenant does not have to let his landlord, or agent, or workmen, of ANY sort into his home at any time, irrespective of what it says in any Tenancy Agreement. This was tested in the Courts. A landlord tried to get a court to make his tenant give him access for the CORGI inspection, and the court ruled that this was not an emergency. The court ruled that a landlord may only force entry in an extreme emergency, such as gas leak, flood, or other serious problems. Showing prospective purchasers round a house, or doing repairs, does not come into the "serious" category.
Tenants have the legal right of "Quiet Enjoyment" - which means just that. It is their home, and the landlord has no right of entry except as above.
Just because a landlord puts a clause in an agreemeent, does not make it legally enforceable. The agent is trying it on.
If a landlord has a good relationship with his tenants, then, this will probably not be an issue, but - otherwise - tell them no. However, a vindictive landlord may then find a reason to not return your deposit.
Talk to the landlord/agent and explain that you know your rights - if they want your cooperation for viewings, there has to be something in it for you.
""Regarding the potential eviction, your Landlord would be required to serve you with a Notice to Quit. With your tenancy, the earliest they could serve this would be two months prior to the end of the 6 month contract. It should expire the day before your next rent period. If you have been unable to find suitable alternative accommodation before the Notice expires, you do not have to vacate the property and your Landlord would be required to apply to the Court for Possession."" - I absolutely agree with this 100%.0 -
clutton wrote:Quiet Enjoyment means that - A tenant does not have to let his landlord, or agent, or workmen, of ANY sort into his home at any time, irrespective of what it says in any Tenancy Agreement. This was tested in the Courts. A landlord tried to get a court to make his tenant give him access for the CORGI inspection, and the court ruled that this was not an emergency. The court ruled that a landlord may only force entry in an extreme emergency, such as gas leak, flood, or other serious problems. Showing prospective purchasers round a house, or doing repairs, does not come into the "serious" category.
Do you mean that the landlord couldn't make the tenant let someone come for the gas safety certificate? That would put the landlord on a sticky wicket, as they would be legally required to have an up to date certificate, but would be legally unable to get one. Have I got this wrong?0 -
This was indeed a court ruling. By having gone to court to try to gain access for the CORGI inspection, the landlord was deemed to have done everything in his power to have complied with the law, and was not then prosecutable under the Gas regs. It is a landmark judgment- i just cannot recall the case name.0
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