Landlady selling estate agents being a pain

mysillyolddad

Hi all

Landlady is selling has signed up with a local estate agent as she lives miles away
We are part way through a 2 year contract after 15 months 2 months notice either way we are in south of england and pay monthly
We initially agreed to allow viewings however we are thinking of stopping them now
Estate agents are useless arrange a viewing saying we will confirm but never call back nor show up
Or call that day and say can we come in a few hours
I get the feeling they are disorganised and leave it all to the last minute
While this may be ok for the owner as they prob don't mind the messing about as they will benefit from sale,we however are paying full rent and being messed about
They often want to come on saturdays buy my husband and I work anti social hours and try to spend saturdays together
Have written to landlady to see if she is aware that they are being so useless am awaiting reply

I belive we can just say this is too inconvenient were not allowing any more,can we ? without financial repercussions
Our letting agents are not interested and are sitting on the fence

:-(

G_M

If you have a 2 year contract then you cannot be asked to leave for.... 2 years. Unless there is a 'break clause' written into the contract. Is there?

As for viewings, surveys or any other visits; you are entitled to 'quiet enjoyment' of your home (whatever may be written into your contract) so it is up to you to decide how often you agree to viewings, at what times/frequencies, and whether you are willing to allow them when you are out or not.

But you should put your conditions in writing to the landlady at the address on your tenancy agreement "for the serving of notices", and send a copy to the agent too.

If you fear/suspect the agent may ignor this and use their own key while you are out, change the lock. Provided you have made your conditions clear, in writing, they have no right to enter except in compliance with those conditions (unless they have a court order - unlikely!).

Bear in mind you might later want a reference from the LL, and want to minimise disputes over your deposit, so be reasonable in your conditions. But firm and clear.

Werdnal

As tenants, you have a right to "Quiet enjoyment" of your rental property. You have a right to refuse all viewings, or indeed any access by the LL, their representatives, agents, repair men or anyone else! Its your home, you choose who comes in.

However, you will no doubt want a reference when you move on, and your LL is probably totally unaware that the agents are being !!!!!holes over this, so good on you for writing to LL. I would now write to the Estate agents, telling them they are breaching your quiet enjoyment of the property and it is not convenient for them to ring you giving such short notice of visits. Give them a few suggestions of when you would be available, for instance, Monday and Wednesday evenings between 6 and 8pm, and Saturday mornings 10-12 (obviously adjust to suit yourself). Tell them that you will accept viewings arranged during those times, but you also still expect the agents to confirm if there is anyone coming, and not just turn up. Also advise them that any attempts to make viewings outside those suggested "windows" is not convenient, and should they persist in turning up, you will refuse entry and turn the prospective buyers away (you are totally within your rights to do this).

Keep a copy of the letter and send one to the LL. This way you are not totally refusing all viewings and being awkward, but you are also taking control of the situation.

Should hopefully ensure you leave the LL on good terms for future references.

mysillyolddad

G_M wrote: »

If you have a 2 year contract then you cannot be asked to leave for.... 2 years. Unless there is a 'break clause' written into the contract. Is there?

Yes at 15 months with 2 months notice for either side

As for viewings, surveys or any other visits; you are entitled to 'quiet enjoyment' of your home (whatever may be written into your contract) so it is up to you to decide how often you agree to viewings, at what times/frequencies, and whether you are willing to allow them when you are out or not.

Not when we are out as we have a pet and are worried it will get let out

But you should put your conditions in writing to the landlady at the address on your tenancy agreement "for the serving of notices", and send a copy to the agent too.

We are suggesting 48 hours notice in writing via email with all parties copied in,we do need a good ref as we will b e renting after we leave

If you fear/suspect the agent may ignor this and use their own key while you are out, change the lock. Provided you have made your conditions clear, in writing, they have no right to enter except in compliance with those conditions (unless they have a court order - unlikely!).

We changed the locks the day we moved in as we always worry about how many keys are in circulation,we will of course put original lock back on leaving

Bear in mind you might later want a reference from the LL, and want to minimise disputes over your deposit, so be reasonable in your conditions. But firm and clear.

Can they deduct from our deposit over loss of viewings ?

mysillyolddad

Werdnal wrote: »

As tenants, you have a right to "Quiet enjoyment" of your rental property. You have a right to refuse all viewings, or indeed any access by the LL, their representatives, agents, repair men or anyone else! Its your home, you choose who comes in.

We don't want to be unreasonable,but the attitude is awful like your just tenants you don't matter :-(

However, you will no doubt want a reference when you move on, and your LL is probably totally unaware that the agents are being !!!!!holes over this, so good on you for writing to LL. I would now write to the Estate agents, telling them they are breaching your quiet enjoyment of the property and it is not convenient for them to ring you giving such short notice of visits. Give them a few suggestions of when you would be available, for instance, Monday and Wednesday evenings between 6 and 8pm, and Saturday mornings 10-12 (obviously adjust to suit yourself). Tell them that you will accept viewings arranged during those times, but you also still expect the agents to confirm if there is anyone coming, and not just turn up. Also advise them that any attempts to make viewings outside those suggested "windows" is not convenient, and should they persist in turning up, you will refuse entry and turn the prospective buyers away (you are totally within your rights to do this).

Thank you will do that tomorrow

Keep a copy of the letter and send one to the LL. This way you are not totally refusing all viewings and being awkward, but you are also taking control of the situation.

Should hopefully ensure you leave the LL on good terms for future references.

Thanks for the advice as renters we are paranoid about getting good references

jjlandlord

Your tenancy agreement probably does not contain any clause regarding viewings that might apply at this time of the tenancy. SO you are perfectly free to refuse all viewings.

However, the covenant of quiet enjoyment does not imply that you could freely overlook any reasonable clause allowing visits and viewings, as long as landlord is reasonable (not too often, with advance notice, etc)

G_M

mysillyolddad wrote: »

Can they deduct from our deposit over loss of viewings ?

No.

.....

19lottie82

Sorry if I missed this part, but why are the agents showing people the flat if you are only 15 months in to a 24 month contract?

princeofpounds

The landlady is selling, not renting it out again.

Personally, I would just be very assertive about this. The EAs will continue to walk over you unless you push back.

I would write to LL and A, and state that although you had been very flexible with access for viewings, you are disappointed that this goodwill was being abused by the agents who have, on multiple occasions, turned up late, turned up unannounced, or not turned up after requesting a viewing.

As a result, you are going to have to be more regimented with regards to viewings so you can get on with your life, although thanks to the good relationship with the landlord (doesn't hurt to put it in and might ease the confrontation) you are still intending to facilitate viewings where possible, they just need to be better organised.

Now you will require 48 hours notice, evenings only, and any unannounced visits will be turned away (or whatever you think is appropriate for timing and conditions).

An altenrative intermediate step is to contact the LL (not just the agent, so the message comes to the LL truthfully) and state the problems, and say that you will have to consider putting stricter conditions unless the organisation picks up.

19lottie82

princeofpounds wrote: »

The landlady is selling, not renting it out again.

Still seems a little premature though? What potential buyer is going to put in an offer when there is still a resident T in the property.....

Ulfar

I would change the locks at this point and deny any more viewings. Find somewhere else to live as you will have too anyway.

I hate landlords that think they can have their cake and eat it, they are either selling or renting not both at the same time.