Landlords rights re showing buyers around a property

Undercovercarrot

Hi

Me and the OH moved from our own home in Newcastle to a rented house in Cheshire in May 2011. When we rented the house, we also noted it was for sale, but we were told that this was only because the LL wanted to see if it would sell.

We love the house - had a few problems with it but nothing major and everything fixed. It was fully managed by a Lettings Agent who have been fab. We asked in February (our contract is until May this year) if the LL would rent to us for another year. The LA was extremely confident he would, as the market is not really moving at all, and the landlord was just happy to be getting money for it.

On Friday last week, the LA phoned up to say that the LL had decided "to release the capital in his property and sell it". He is looking for £250k but would be willing to sell it to us for £245k to avoid stamp duty :mad: Not only well above our budget, but WAY more than the property is worth! The LA was gutted for us, as we (in their words, not ours) keep the property in immaculate condition, and are exemplary tenants.

On Monday morning, i.e. 3 days after we found out we were being kicked out, the estate agent (different company from the LA) phoned up and asked us to show some viewers round on Sunday! I told them that firstly I thought it was wholly inappropriate to be asking US to show viewers round when we were in effect being kicked out of a property we had been assured would be ours for another year, and that Sunday was not convenient (as I work nights on weekends). This was rearranged for Wednesday (as I don't want to be in when viewings occur), however the EA is now pestering me with phonecalls to arrange other viewings. She told me that it was in my contract to allow viewings at any reasonable time. My response is that if I am in bed after night shifts, this is not reasonable. She argued that that some viewers can only do weekends.

So:

1: Be careful renting from LL's who want to sell the property, as chances are they may sell it from under you!

2: Am I within my rights to say that weekends are unreasonable due to my work pattern?

3: Am I allowed to refuse access to viewings until our contract ends?

Grr.......

dodger1

You can refuse all viewings. Do not expect a good reference if you do however.

sharpee

We had a similar situation in our previous house.

What we did was accepted that we should allow viewings but were still entitled to queit enjoyment of the house.

We agreed thay could show buyers round between 6-8pm wednesdays and between 9am-1pm Saturdays. Luckily they understood and ageed to this.

How about suggesting that your are willing for THEM to show buyers round on set days and time periods?

Callie22

I thoght that the clause about viewings at any reasonable time only applies during a notice period (and even then you don't have to allow viewings).

Werdnal

Who says you are being "kicked out"? Have you received notice from the LL? Unless he issues you the proper notice, even at the end of your fixed term, you have no need to go anywhere.

Indeed, refuse viewings aswell, but remember you may require a reference, so perhaps meeting half-way - suggesting suitable evenings/days and requesting LL/Agent stick to these, might be wise.

You can also change the locks, so long as you replace when you leave.

jjlandlord

Undercovercarrot wrote: »

On Monday morning, i.e. 3 days after we found out we were being kicked out

Have you received correct notice? Have you got a fixed term AST? (assuming England or Wales)

Undercovercarrot wrote: »

the estate agent (different company from the LA) phoned up and asked us to show some viewers round on Sunday!

Obviously refuse to do their job, or tell them your price.

Undercovercarrot wrote: »

She told me that it was in my contract to allow viewings at any reasonable time.

What exactly is in your contract?
In practice it may be difficult to enforce it, though.

Undercovercarrot

jjlandlord wrote: »

Have you received correct notice? Have you got a fixed term AST? (assuming England or Wales)



Obviously refuse to do their job, or tell them your price.



What exactly is in your contract?
In practice it may be difficult to enforce it, though.

Yes, and the way that Lettings Agents get around it now is by issuing a S21 notice of eviction at the START of the AST.

Have told them that we are not willing to carry out viewings on their behalf!

Contract states that we should allow access to the LL or authorised agent within the final 2 months of tenancy in order to facilitate viewings at reasonable times with 24 hours + notice.

RAS

Was the S21 issued after your deposit was registered and you were provided with the information about the deposit scheme?

marleyboy

Think of it as an opportunity to discourage viewers of property, "those bloody teenagers two doors down and their loud music all night long","try not letting the neighbour block you into the drive, he has a nasty habit of doing that.".

There is nothing in your agreement that says you have to give the viewers a sales pitch.

GDB2222

marleyboy wrote: »

Think of it as an opportunity to discourage viewers of property, "those bloody teenagers two doors down and their loud music all night long","try not letting the neighbour block you into the drive, he has a nasty habit of doing that.".

There is nothing in your agreement that says you have to give the viewers a sales pitch.

I am also sure that there is nothing in the tenancy agreement to require you to wear clothes when people come to call, and you are perfectly within your rights to boil fish.

In practice, it may be worth your while to be helpful with viewings. The argument runs along the following lines. The landlord wants to sell, but he probably does not want to sell at any price. So, he is just testing the market at the moment to see what he can get. If if he feels that the property has not been properly exposed to the market he is likely to continue marketing for longer. On the other hand, if he feels that the property has been properly marketed and he still has no buying interest, he may be more likely to relet it for another year.

pmlindyloo

RAS wrote: »

Was the S21 issued after your deposit was registered and you were provided with the information about the deposit scheme?

Please answer this question as it is extremely important because your Section 21 may not be valid.

The issuing of a Section 21 being done at the start of the tenancy can be invalid if it is not issued in the correct way.