Possible new tenants to view property which you are renting?

neverdespairgirl

JohanDij wrote: »

The LA said that each time they cannot enter the property they will keep a log and deduct the deposit for "loss of income" from the landlord.
Can they do this?

They can try, but it's illegal.

tbs624

OP - you can obtain the LLs name and address from the Land Registry - will cost you 4 quid.

What the LA is suggesting amounts to a penalty payment so would be illegal and even if it wasn't an LA cannot unilaterally decide what they will deduct from a T's deposit.

tbs624

poppysarah wrote: »

They're entitled to a proper address for the landlord else they don't have to pay the rent.

There are two separate statutes here.

LL&T Act 1985, s1 says

1 Disclosure of landlord’s identity

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or
(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy, that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

and LL&TA 1987 , s47/8 say:

47 Landlord’s name and address to be contained in demands for rent etc

(1)Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—

(a)the name and address of the landlord, and
(b)if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.

(2)Where—

(a)a tenant of any such premises is given such a demand, but

(b)it does not contain any information required to be contained in it by virtue of subsection (1),

then (subject to subsection (3)) any part of the amount demanded which consists of a service charge (“the relevant amount”) shall be treated for all purposes as not being due from the tenant to the landlord at any time before that information is furnished by the landlord by notice given to the tenant.

(3)The relevant amount shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of service charges from the tenant.


(4)In this section “demand” means a demand for rent or other sums payable to the landlord under the terms of the tenancy.
48 Notification by landlord of address for service of notices

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.
(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.
(3)Any such rent or service charge shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of rent or (as the case may be) service charges from the tenant.

It's not just a case of the T not having to pay their rent at all: they'd need to keep it unspent & ready to hand over when/if the LL *does* provide an appropriate address

JohanDij

I wrote this letter for my in laws and would like your opinion:
Hello,
As not to create conflict and in order to try and be sympathetic towards you and the landlord we have agreed to change our commitments on 15/09/2010 to be present for the viewings at 16:30 and 16:40.
This is even though notice of such appointments was only by us received in letter after 19:00 of the day before, Tuesday, 14/09/2010.
After being advised by several organizations, legal and others, we do inform you that you DO NOT have our authorization as tenants of XXXXXX to enter the property when we are not present, to show the property to other possible tenants.
As you have no such authorization, any unauthorized entries will be trespassing and harassment, unless they are emergencies.
We already gave you in a previous letter all the days we will be off work and you can feel free to book viewings on these days between 2PM and 6PM.
Please we do ask the courtesy of being informed that such appointments have been made.
As also mentioned in a previous letter, we are more than happy for you to have viewings on any other days as well, again between 2PM and 6PM, provided that you do call us confirming if we can arrange a family member to also be present. This will usually be possible on most days.
This way you have every day that remains of our stay at XXXXXXX, between 2PM and 6PM as possible times.
We do believe that this is being very reasonable and we are trying to be as co-operative as possible.
What we cannot is accept your suggestion that because we are “only” renting the property, we have fewer rights to enjoy it in peace, undisturbed, without harassment.
To suggest that is ok to enter the property against our will and when we are not present is not acceptable.
When my daughter did inform you that we work night shift and at 10:30AM we will be asleep, your reply was that it’s fine. You can let yourself in and show the house. This, we consider, is an invasion of privacy and a preposterous suggestion.
As both Mr X and your other colleague were quite abusive and rude on the phone suggesting that all the information we received from certified sources is “rubbish” we are being “ignorant, stupid and unreasonable” we will keep any further communication through mail only please and request you do likewise.
Threats that you will retain our deposit if you are not allowed to enter the property when and as many times as you please, are also not appreciated and give a very poor image of your company.
We are being helpful in providing plenty of access to the property for viewings but you are not willing to give us some respect and the right to enjoy our property in peace and without harassment.
Many thanks,

clutton_2

i like it.... do keep us informed

JohanDij

The LA went to the house now to drop a letter for a pre-inspection tomorrow.
They do not give a time and say "The purpose of this inspection is to try and highlight to you, as well as is possible, any points regarding the condition of the property that you may need to rectify before you vacate."
Only gives a date and not a time.

martindow

I think I would change the lock if you have not done so already. With most locks this is a five minute job - keep the original lock barrel to replace at the end of the tenancy. The LL or LA is clearly going to take no notice of your wishes and rights.

dizziblonde

I'd be changing lock barrels now (it's seriously an easy job on at least the UPVC type doors - I've managed to do it myself in the past and, well, you can see my username) - they're being very very nasty, very very wrong and it doesn't sound like they're going to listen to reason. I'd also be making blooming sure I let any prospective tenants know how the letting agent is behaving (I'm sure you can do it subtly if you're too worried to speak out - I know I viewed a house to buy recently where the existing tenants made it very clear without words just what they thought of the place being sold from under them!).

You've been more than reasonable and co-operative - they're just being bullies now. (Plus I flipping hate companies who assume you'll sit in and wait ALLLLLL day for them - personal pet hate of mine)

supa-girl

JohanDij wrote: »

I wrote this letter for my in laws and would like your opinion:
Hello,
As not to create conflict and in order to try and be sympathetic towards you and the landlord we have agreed to change our commitments on 15/09/2010 to be present for the viewings at 16:30 and 16:40.
This is even though notice of such appointments was only by us received in letter after 19:00 of the day before, Tuesday, 14/09/2010.
After being advised by several organizations, legal and others, we do inform you that you DO NOT have our authorization as tenants of XXXXXX to enter the property when we are not present, to show the property to other possible tenants.
As you have no such authorization, any unauthorized entries will be trespassing and harassment, unless they are emergencies.
We already gave you in a previous letter all the days we will be off work and you can feel free to book viewings on these days between 2PM and 6PM.
Please we do ask the courtesy of being informed that such appointments have been made.
As also mentioned in a previous letter, we are more than happy for you to have viewings on any other days as well, again between 2PM and 6PM, provided that you do call us confirming if we can arrange a family member to also be present. This will usually be possible on most days.
This way you have every day that remains of our stay at XXXXXXX, between 2PM and 6PM as possible times.
We do believe that this is being very reasonable and we are trying to be as co-operative as possible.
What we cannot is accept your suggestion that because we are “only” renting the property, we have fewer rights to enjoy it in peace, undisturbed, without harassment.
To suggest that is ok to enter the property against our will and when we are not present is not acceptable.
When my daughter did inform you that we work night shift and at 10:30AM we will be asleep, your reply was that it’s fine. You can let yourself in and show the house. This, we consider, is an invasion of privacy and a preposterous suggestion.
As both Mr X and your other colleague were quite abusive and rude on the phone suggesting that all the information we received from certified sources is “rubbish” we are being “ignorant, stupid and unreasonable” we will keep any further communication through mail only please and request you do likewise.
Threats that you will retain our deposit if you are not allowed to enter the property when and as many times as you please, are also not appreciated and give a very poor image of xxxxxxx.
We are being helpful in providing plenty of access to the property for viewings but you are not willing to give us some respect and the right to enjoy our property in peace and without harassment.
Many thanks,

Interesting - my friend is having problems with a LA of this name located in North Cambs......just wondering if it's the same one??

Not the same issue but behaving in a threatening and abusive manner with seemingly little respect for the tenant. They have been less than honest about certain things. Is the one you are referring to also based in North cambs??

SG

tbs624

If the LAs were on the ball they could have arranged to tag this "inspection" on to the viewings appointments today to minimise disruption.

Your in-laws can request that a specific time is agreed, on a mutually convenient date. Most LLs don't suggest these sort of appointments until around 10 days prior to the moving out date.

Your inlaws should probably read up in advance on the term " fair wear and tear", here and here, and photograph everything when they move out: down the lav, inside white goods, on top of kitchen cupboards etc and the meter readings. Did the LA complete an inventory when your inlaws first moved in?