Landlord selling house - issues

marliepanda

Hello

My landlord has recently decided to sell the house I am renting. I am dealing with my letting agency with regards to viewings etc, and I feel I am being bullied and pushed into allowing viewings when I do not want them.

When they first said they were selling, they wanted to come and value the property (even though it was only newly built 2 years ago and they would have all the info, rough valuations etc from then) My grandad was very ill in hospital and I had family staying during this time. Despite me telling them this they insisted I HAD to let them come around and value the property.

I am happy to do viewings on certain days/times etc which fit in with my work hours. I am not happy for the letting agency to bring in people at random times whenever they want, which is what they are saying they will do as they have keys.

I am under the impression I have the legal right to have possession of my property, and do not have to allow ANY viewings if I decide not to (I am paying a full rent during this time)

I do not want to be awkward and cause problems by simply saying 'no viewings' as I am fully aware they could simply give me my notice and have full access once I am gone. However, I am very unhappy with the way I am being treated.

I was wondering if anyone could advise me as to my legal rights with these viewings as everytime I say a time is unsuitable (and offer alternative times) they give some excuse as to why they have to come on the day stated and that I basically have no choice, when I know I do have a choice.

Tixy

I would consider changing the locks (or the lock barrels) in the flat. You could write to the agent and landlord to specifically state that you do not authorise viewings without prior arrangement with you and unless you will be in the property at the time. You could state that because the agent suggested verbally that they would show people round your flat with their own set of keys that you have changed the locks, and that you will change them back at the end of your tenancy.

You could possibly state that you are happy for viewings to be conducted only during Saturday mornings and Wednesday afternoons (or whatever suits you) and that you will require at least 24 hours advance notice for each viewing.

If its all written down and been formally posted to them, perhaps you will find in easier to deal with the agent.

marliepanda

This may end up being my only option. I didn't want to try and cause problems, but I have mentioned many times that I can do: every morning until 11am and Saturdays, and alternate Friday afternoons.

They say they don't work Fridays, mainly do viewings on wed/thurs, have clients coming in form out of town who want to view at 3, etc etc. Every excuse when I feel I have been more than reasonable with giving them set times I can do.

Everytime I say no they respond with 'we have management keys, etc etc' so maybe changing the locks is the way to go. I just dont want a bad reference from them if I do move (or if the house ends up being sold to another landlord) but I have never missed a rent day and the property is in perfect condition so a bad reference would be very unfair in my opinion. Except for not allowing access whenever it takes their fancy I have been a perfect tenant.

G_M

1) write a polite letter along the lines outlined above - on the one hand be reasonable and offer times/days when you will happy to assist, on the other hand be firm and require a) notice b) your presence and c) your agreement to each apptmt

Explain you will be changing the lock as the agent has indicated he will enter in your absence which you are not happy with.

Send the letter to the landlord, at the address provided "for the serving of notices" on your tenancy agreement. Send a copy to the agent

2) change the lock - keep the old lock/barrel and replace it when you end the tenancy

Wobblydeb

Have you checked your contract?

We've had similar issues, and checked back to the contract. This (in our case) actually only gives the right of access for viewings in the last 2 months. Maybe you have a similar clause?

marliepanda

I haven't no, but I was advised by another that clauses in contracts allowing for 'access with 24 hours notice' etc aren't worth the paper they are written on and they landlord/letters have no right of access unless there is an emergency.

I had checked as I had family staying over and we were going to the hospital in 'shifts' as my grandad was ill. So at any given time there would be someone asleep on a sofa bed, another would be just getting up etc, so that my grandad wasnt left alone. The letters were saying my contract allowed for access with 24 hours notice and I rejected their demands to come in every 2 minutes. Something to do with 'my right to 'quiet enjoyment' of the property whilst I am paying rent.

G_M

Don't bother to check your contract.

Your right to 'quiet enjoyment' of the property is an implied term of every tenancy.

Yes, LLs also have access rights, both statutory and maybe within the contract, but this leads to conflicting rights which can only be rsolved in a court. No LL will go to court over this, and if they did the outcome is far from certain.

Be reasonable but firm.

Wobblydeb

G_M wrote: »

Don't bother to check your contract.

Your right to 'quiet enjoyment' of the property is an implied term of every tenancy.

Yes, LLs also have access rights, both statutory and maybe within the contract, but this leads to conflicting rights which can only be rsolved in a court. No LL will go to court over this, and if they did the outcome is far from certain.

Be reasonable but firm.

I would be interested if you had any examples where this one has been tested in court? i.e. Contract allows for access for viewings, and tenant doesn't comply.