Landlord is selling up

jyonda

We recently handed in our notice on our rented house and the landlord has decided to sell. We have two young kids and don't want loads of buyers traipsing in and out of our home until we leave in 7 weeks time and our contract says that we only have to let people in to check on the condition of the property. Does that mean EA's and clients too?

silvercar

Check your contract again, most allow for viewings in the last month of a tennancy. If yours doesn't then you don't need to let people in.

gingin_2

jyonda wrote:

We recently handed in our notice on our rented house and the landlord has decided to sell. We have two young kids and don't want loads of buyers traipsing in and out of our home until we leave in 7 weeks time and our contract says that we only have to let people in to check on the condition of the property. Does that mean EA's and clients too?

I am surprised your contract specifically states this as I thought the standard clause was that the landlord should be allowed access to the property as long as adequate notice is given.

We have lived in numerous rental properties and assume that at the end of every tenency we have to allow prospective buyers/tenants view the property as a matter of courtesy to the landlord so he does not have to face voids in the rental income.

Saying that, we quite often have had the estate agent request that WE show the propective residents around which you certainly don't have to do, you should also be able to request a time that is convenient to you for viewings.

clutton_2

tenants do not have to show ANYONE round, nor let anyone in, at any time, if they do not want to - they have a legal right of "quiet enjoyment" - IRRESPECTIVE of what it says in any tenancy agreement.

A landlord cannot remove a legal right under another piece of legislation, simply by putting something in a tenancy agreement.

But, for cordial relations, my tenants normally allow me to ask an EA to accompany prospective new tenants, with 24 hours notice. Why should you do EA's job for them ?

barnaby-bear

jyonda wrote:

We recently handed in our notice on our rented house and the landlord has decided to sell. We have two young kids and don't want loads of buyers traipsing in and out of our home until we leave in 7 weeks time and our contract says that we only have to let people in to check on the condition of the property. Does that mean EA's and clients too?

Unenforcable clause, refuse access. "Quiet enjoyment". If they go in they break implied AST terms. Your insurance will be invalidated if viewer nicks something. Even if in contract deemed unfair by OFT. Tell them to p&*s off.
Tell them in writing too. Explain quiet enjoyment and you are bound by house insurance terms theat not covered for letting strangers in who might nick your stuff, molest your kids, go through your knicker drawer.

http://community.channel4.com/eve/forums/a/tpc/f/6026044741/m/2760052094/inc/-1

jyonda

The citizens advice bureau says the landlord has a right to reasonable access for emergency repairs but in any other circumstances they can only enter uninvited with a court order.

Another twist in the tale is that we may actually make an offer for the house ourselves so we'll have to consider our position before acting.

I know it's a bad time to buy but it's all a matter of how good a deal we get.

black-saturn

It states in every tenancy that the tenant is entitled to quiet and private enjoyment of the property and this includes the times that the landlord wants to show prospective buyers round. If it's not convenient say so and they don't have to be let in. Also say you would like advance warning so that you don't have people knocking on your door unexpectedly.

I presume you are looking for somewhere else? If you havn't already done so take the letter to the council to get the ball rolling.

If you want more time there are a few things you can do to stall a prospective buyer like point out every damp patch, crack in the plaster etc etc. If your friendly with the neighbours ask them to have rap music blaring out and place the odd mouse trap down where they can see it. But you didn't hear me say that :A :eek:

jyonda

Funnily enough the house does have mice traps all over the place which is one of the reasons why we are leaving!

david29dpo

please dont start moaning on hear when you cant get you deposit back!

barnaby-bear

david29dpo wrote:

please dont start moaning on hear when you cant get you deposit back!

Perfectly entitled to if he wants, witholding deposit to force access would be illegal.

Friends or I have had the following problems from prospective tenants, agencies/landlords don't check ID:

1) casing and subsequent burglarly
2) mail stolen, identity fraud and credit card cloning - mail went astray during viewing.
3) No insurance for thefts because property not secured.
4) Mud walked on carpets
5) People come into house who looked like junkies/weirdos who would never let into home if selling door-to-door.

Gorgeous_George

There's always plenty of 'lawyers' on forums and chat rooms giving the 'legal' position.

I agree that the LL must, by law, allow their tenants 'quiet enjoyment'. However, the LL is entitled to reasonable access to his/her property. I consider showing a prospective new tenant, or a prospective purchaser, around the property to be reasonable - providing it is agreed with the tenant. I also think it unreasonable for the tenant to flatly refuse to allow ANY viewings.

Suppose the LL wishes to sell to another LL. Would the forum 'lawyers' expect the LL to end the tenancy and evict the tenant before the transfer of ownership takes place?

Private LLs are significantly different to councils and Housing Associations. Any voids will need to be covered by the rental income. It is, therefore, in everybody's interests to minimise these unnecessary costs.

If anyone can show me an authoritative website that backs up their claims, I would be most interested.

Links to other forums are wortheless.



GG