Landlord is selling up

barnaby-bear

Gorgeous_George wrote:

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.

Reasonable access is ONLY access with tenants consent or for EMERGENCY repairs. LL is not entitled to any more access as deemed in law unreasonable, having had stuff nicked by supposedly vetted prospective tenants accompanied by EA, being unable to claim on insurance, no ID checks had been done and knowing others this has happened to - I no longer rent. I also got court damages against landlord as luckily that viewing they hadn't asked permission for although naively agreed to the others.

black-saturn

The tenant is entitled to refuse ALL viewings if they so wish.

clutton_2

""However, the LL is entitled to reasonable access to his/her property."" - i am sorry to disagree with you, but, there was a case in which a landlord took his tenant to court, as the tenant was refusing to allow the CORGI gas engineer in to do the annual safety inspection. The Court ruled in the tenants favour, saying that "quiet enjoyment" meant just that - that no one can enter the property without the tenants permission except for extreme emergency repairs. i cannot recall the name of the case.

But i do take all the posters points about communication, and working together. Most decent tenants will allow an accompanied viewing or two towards the end of the tenancy if the landlord has been fair with them during the tenance.

Gorgeous_George

Still no links to an authoritative website then?

Whereas this guide is authoratative (See Para 4.3)


GG

barnaby-bear

black-saturn wrote:

The tenant is entitled to refuse ALL viewings if they so wish.

After being robbed I did allow LL/agent viewing access but on terms I considered reasonable.

I insisted that they sign admitting liability for losses/damages caused by anyone they brought in,
I insisted on identity being produced by everyone viewing passport and bank statement,
I insisted on being there and no more than 2 evenings per week.

Oddly some LL/agnets wouldn't agree so had to wait- I'd insist on potential buyers verifying ID/address before viewing the home I own now and bieng there...

amboy

black-saturn wrote:

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:

You seem to be a one man crusade against landlords !!

The OP has stated that she may be interested in buying the house, do you think it is good advice therefore to be suggesting some of your actions.

PoorDave

clutton wrote:

""However, the LL is entitled to reasonable access to his/her property."" - i am sorry to disagree with you, but, there was a case in which a landlord took his tenant to court, as the tenant was refusing to allow the CORGI gas engineer in to do the annual safety inspection. The Court ruled in the tenants favour, saying that "quiet enjoyment" meant just that - that no one can enter the property without the tenants permission except for extreme emergency repairs. i cannot recall the name of the case.

But i do take all the posters points about communication, and working together. Most decent tenants will allow an accompanied viewing or two towards the end of the tenancy if the landlord has been fair with them during the tenance.

How long after this did the cooker/gas fire explode? Seems a bit short-sighted of the tenant, but perhaps it was one of those situations where things get out of hand and people refuse to stop being awkward.

BobProperty

Gorgeous_George wrote:

Still no links to an authoritative website then?

Whereas this guide is authoratative (See Para 4.3)


GG

It might be "authoratative" but it isn't law. It contradicts itself anyway, page 20 says:

"4.3 What rights does the landlord have?
Access
You, or your agent, have the legal right to enter the property at reasonable
times of day to carry out the repairs for which you are responsible and
to inspect the condition and state of repair of the property. You must
give 24 hours’ notice in writing of an inspection. It is also helpful to set
out the arrangements for access and procedures for getting repairs
done in the tenancy agreement.
You should seek legal advice if the tenant will not give you access.
4.4 What rights does the tenant have?
Quiet enjoyment
The tenant has the legal right to live in the property as his or her home.
You must ask the tenant’s permission before you enter the premises."

Note the last part, if you don't have permission you can not enter the premises. It doesn't give any exceptions.

devils_advocate

Still no links to an authoritative website then?

Whereas this guide is authoratative (See Para 4.3)


GG

I fear, GG, that you are quoting out of context, which is a device used by barrack room lawyers to support their otherwise unsupportable positions. At the risk of doing exactly the same, can I suggest that you read the paragraph at the foot of the second page of the booklet? It reads "This booklet does not provide an authoritative interpretation of the law"

And incidentally, the para that you quote doesn't even support your position. It says that landlords in certain circumstances can enter the property to carry out repairs and to inspect the condition and state of repair of the property. Theres absolutely nothing to say that they can show anyone around.

Caz312

Have been in a similar position. Was served the 2 months notice whilst the owners put the house on the market. Due to the inconvenience (Edinburgh EAs tend to do open viewings on a Sun pm and Thurs pm) we agreed to the Sun pm for 2 hours and other viewings by appointment but agreed a 10%reduction in the rent for this period as compensation. Not ideal but they were the ones ending the lease when we had signed up for a long term lease.