tennent in a house for sale: viewings

99b42k

Hi.

My landlord has said he is selling the house and want to do viewings, while I am still within the tenancy contract (8 months left) but there
was a break clause at 6 months, saying that they only had to give two months notice until the end of the 12 months.

The landlord wants to bring someone around to view, while I have been given enough notice... it's inconvenient, however, I have given both the landlord and his selling agent, other days/times when it's normally ok.

I am being pressured with calls from both and my letting agent about the fact I have refused the viewing on this particular day.

I'm trying to be reasonable at at the end of the day, I know the house is going to be sold but the landlord said he was bringing someone around anyway they have given plenty of notice?

Could someone please give me an idiots guide to my rights, regarding viewing/refusing a viewing?

As the land lord hasn't got a buyer yet, he hasn't given me 2 months noticed... he said I can stay here until he has found a buyer and then will give me 2 months notice?

Many thanks in advance.

Mike

USM

I've recently experienced a similar situation and eventually got my way using the following guidance from the Office of Fair Trading's document titled 'Guidance on unfair terms in tenancy agreements’

3.32 We would object to a provision giving the landlord an excessive right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants exclusive possession' and 'quiet enjoyment' of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant's consent, except for good reason.

G_M

The landlord is trying to have his cake and eat it. He wants to keep you in place, paying rent, till he gets a buyer.
Many buyers will anyway be put off by a tenancy occupation as waiting for the tenant to leave delays the sale in an unpredictable way. So you could have LOTS of viewings with no sale.

You do not have to agree to viewings. Right to 'quiet enjoyment'. If you suspect the LL or agent might come round for viewings without your consent, or while you're out, change the barrel of the lock (£10?). Keep it to replace when you leave.

However, remember that if you do NOT cooperate the LL might well do the sensible thing and give you notice, evict you, and THEN sell the empty house. This is actually the best way for him to sell, but of course then he loses your rent. And you lose your home.

But then, sounds like you're going to lose your home sometime anyway.

Whatever you decide, put it in writing! No viewings at all; or viewings by appointment with at least 24 hours notice; or viewings only after 6.00 PM (whatever you want); or notice that you'll be leaving.

surreybased

Hi,

As posted earlier - you have the right to quiet enjoyment of the property and you do not have to allow viewings. The LL is trying to have his cake and eat it - rental income and sale! If he knew he was going he sell he should have not left it empty so viewings won't be a problem. What is not appropriate is that the LL and letting agent are starting off with the asumption they have the right to conduct viewings. They could negotiate it with you but must take your answer as final. I would put your response in writing - it isn't convenient - perhaps they can wait til you leave the flat. My concern would be that the LL will try to get a sale and then look to get you moved out anyway so that the flat is empty on completion.

If you are happy to have viewings then stipulate the time and the frequency - perhaps once a month at the most.
It seems very unprofessional however - letting a flat and then trying to sell so I don't think you're dealing with a professional landlord or someone who actually cares about their tenant.

surreybased

GM posted a similar response to mine - totally agree about the keys. We were in a similar position with a LL and he believed he could view the place using his keys.

99b42k

Hi All,

Just wanted to say a quick thank you to all that have posted.

Very good advice about putting things in writing and I'm now at least a little bit more prepared as what my rights are, should more viewings be requested, if they are at inconvenient times.

MSE forums are awesome!

Thanks,

Mike

ManicMum

Hi

I sold my rental property earlie this year and was very mindful of the tenant. He allowed viewings but on condition he was given enough notice so he could make sure he hadn'tt left his undies on the floor etc or wasn't having a lie-in (his words). I sent my husband round with a case of beer to keep him sweet and was even prepared to lower the rent if he got too upset by it all but he was cool.

Shame I wasn't your landlord! You are not being unreasonable though. You have rights - exercise them!!

99b42k

Hi,

Just a follow up. I have now found a new property to rent... and so gave notice to the letting agent.

Today, I noticed that although the current poperty is still up for sale, amazingly... it's been put back on the market again to rent... from the date I leave, instead of the land lord leaving the peoperty vacent, in order to sell it.

Hopefully an end to the saga for me... but not for the new tentants

Thanks to all again for the replies.

Mike

G_M

Mad, if he seriously wants to sell. The new tenant will have a guaranteed right to at least 6 months, and of course may deny any access for viewings.
Still. Not your problem. We'll deal with the new tenant when he posts here after Christmas!

Bullfighter

Amateur landlords... gotta love 'em

Blackpool_Saver

clearly cake and eat it lol, if I was in this position I would request owners did open house days, better than never ending visits to view