landlord blaming me for buyers pulling out

paraman

I rented a house in April 2011 off a friend of my cousins and I initially signed a lease for 6 months through a lettings agent. The house was then put up for sale the week i moved in which did not bother me at the time and during the first 6 months there was only 2 viewings. My only condition was that I was present at the viewings as i did not want random people coming through the house without me being there. The landlord then asked if I would like to stay on which I agreed to, i signed another 6 month lease taking me through to the end of April 2012. There was a few viewings in January and then a few in february and the landlord wanted to be present for viewings and wanted to arrange viewings when it was conveinient for him to attend, I mentioned to him that due to my working shifts etc( landlord works mon-fri 8-4) its sometimes difficult for me to let viewers through the house when the landlord wanted me to.

In February, I received a text from the landlord asking if a he could have a viewing for someone on a certain nite and i said i was working so could not do it but i did agree that a few days later i could nip out of work for 30mins at 3.30pm if the viewers could make it and he text back saying they could meet me at that time on that day. That day arrived and both the viewers and the landlord turned up at 4pm as I was leaving to go back to work and the viewers said they were told the viewing was at 4pm, the landlord said there must have been a mix up but i knew he just told them 4pm so he could be there. The viewing only lasted 5 mins as i had to get back to work. The estate agents rang me the next day to say the landlord had told them to arrange it for 4pm and they said the viewers wanted to come round again as they had little time to see the property which I agreed to and a few days later they came round again with the estate agents and myself there as well.

I was already looking for a house to purchase for when the lease ended and I was informed by the landlord that this couple had submitted an offer which was accepted to which I thought great as it would save me doing other viewings etc. A few days later the couple who were buying the house wanted to bring there kids to have a look and to choose bedrooms etc and I explained to the estate agents that i was working nights and would have to be the following week and i would let them know which days they could come through.

A few days later the female of the couple knocked on my door asking when she could bring her kids round, i explained to her i was on nights at that she should contact the estate agents in future. Over the next few days she came to my house about 4 times, once even at 08.30am when i was in bed after working nights. I reported this to estate agents who even after they had said to her not to knock on my door, she came a further once, she even complained to me saying im never in when she calls!

She brought the kids round the following week and told my mum who had come down to let her in as i was working that she would be coming round the house whenever she wanted, my mum told her that would not happen and it was best to have a good look round the house now but she ignored my mum and left after 5 mins in the house.

A few weeks later the survey was done and then a week later they wanted a builder to come round to have a look at a few things the survey had thrown up. the male part of the couple also wanted to come with the builder saying he wanted to look round the house again and he was back home after working away. The builder came round but the male failed to show up.

I received a phone call from the estate agents last week saying the purchasers solicitors wanted the male to inspect the house before exchange which was 2 weeks away and I refused him access due to the fact im really busy with work at the moment and that he had an opportunity to come round the house but failed to show up but I did offer to move out 5 days earlier than i need to if that would help.

I received a text from the landlord a few days ago saying the purchasers had pulled out because the male was not allowed access and they had found another house to buy and had an offer accepted and he is blaming me for the purchasers pulling out, Im due to move out in 6 days so why couldnt they wait as they not due to exchange yet.

Am I to blame for the sale falling through or do you think as i do that they got cold feet and went looking at other properties and have seen something better?

copier_guy

Nope.

You have an entitlement to "quiet enjoyment " of your house and i think you have been more than accomodating to the buyers demands.

Yorkie1

I entirely agree.

Your LL chose to sell the house with a tenant in situ; you had set down reasonable criteria for access but they abused that.

Buyers can pull out for all sorts of reasons and, whilst the access issue may well have been the reason, this is not your fault.

Make sure when you move out at the end of the tenancy that you are scrupulous in cleaning etc the house. Take lots of photos, including down the loo and in the oven. Don't give the LL the chance to challenge your deposit. Is there a dual signed inventory from when you moved in?

G_M

Your landlord is being unrealistic.

Trying to sell a property while he has a tenant living there is mad.

Mind you, it is also mad to try to buy a property where there is a tenant!

You have a right to a normal life and home - if the LL wants to show the property, he has to work around your lifestyle and reasonable requests (ie daytime/evening viewings etc).

You are not responsible for the buyer pullig out. In fact I suspect their solicitor would have advised them not to Exchange until you'd left anyway.

As you are leavig in 6 days, just ignore the text, forget the incident, and move on.

CharlieBubble

Sounds to me like the buyers used the fact the male couldn't get access as an excuse to pull out.

MagicCats

My understanding (according to my solicitor) is that between offer and exchange you are not entitled to access anyway. So once they offered they were not entitled to access.

You've acted in good faith as far as I can see. I think landlords need to remember that with salaries not rising, and jobs scarce getting tenants is difficult enough, yet some appear to think it's a given right to both have a tenant, and treat them as they wish.

Good luck on your move

BitterAndTwisted

Being blamed for something you're not directly responsible for can be shrugged off quite easily.

What revenge this numpty landlord may choose to extract may not be. Please watch your back.

A landlord wanting to have their cake and eat it too by having a tenant in situ while they're simultaneously trying to sell is always a bad idea and so is going into business with friends and family. Both scenarios are at risk of ending badly. You've got both and that's not a good place to be.

If there was a dual-signed inventory at the start of your tenancy you should read it very, very closely indeed because if you paid a deposit it could be at risk of not being returned in full.

DVardysShadow

MagicCats wrote: »

My understanding (according to my solicitor) is that between offer and exchange you are not entitled to access anyway. So once they offered they were not entitled to access.

While true, that really is a misleading statement which really could grow legs on forums like these. And given that it is quoted on the authority of 'a solicitor', some clarification is required.

Prior to offer, there is no right of access, access is given at the discretion of the occupier. Nothing changes at offer, access is still at the occupier's discretion. But of course, if access is denied, the buyer might quite reasonably decide not to exchange.

Trollfever

Agree with the above.

Has this rubbish landlord actually protected the deposit?

paraman

My deposit is in the government scheme as lease is through a letting agent. The letting agent has sent me a letter saying they will not be checking the property on my leaving the property, they have just asked me to return the keys. no inventory was done as its unfurnished etc

I am worried now as I think the landlord will now get fussy lets say but the responsibility surely lies with the letting agent to check the property on me leaving.

pinkshoes

If no inventory was done at the beginning, you'll get your deposit back in full.

The landlord should have been grateful you allowed so many viewings. I would have either refused (and changed the locks) or asked for £20 for each viewing for the inconvenience.