access to the property for upgrades vs right to quiet enjoyment

Dagmar72

I recently heard that the owners of the flat I'm renting wish to make upgrades and they have asked me to arrange a suitable time for contractors to come in for quotes (I have agreed to that for now).

They are not essential repairs but just upgrades which will increase the value of the property, and whilst I'm not keen on them being done whilst I'm here I may not have much choice if I want to stay here in the long term...

My other concern is that as soon as this is done they will use it to justify a big rent increase which I cannot afford or I will be served notice to quit (I have a short-assured tenancy and the initial period has finished, so they are now free to ask for a rent increase or give me 2 month's notice if they want me out).

I'd rather not move out of the property if I have a chance to stay there for at least another year, but if I have to anyway (due to not being able to afford the higher rent or being served a notice to quit), I'd rather it was of my own accord before any work gets done so that I don't have to go through the disruption for nothing.

What I was thinking of doing was to write a letter saying that before any work gets done I would like to sign a new lease for at least 6 months (I will suggest a year and see what they say so there is room for me to haggle if needed), at the same level of rent.

However if they refuse (which then gives me a clear idea of their intentions and time to get ready to move), would I be within my rights to tell them I wish to end the tenancy say in mid-December (which would be the most practical time for me to move out but not necessarily the best time for them to get work done and find new tenants) and ask that they wait until I'm gone to carry out the upgrades, citing my right to quiet enjoyment?

What's the worst case scenario, other than them serving me a notice to quit, if I'm gonna move anyway? Even then, assuming that they serve it around mid-August at the earliest, that would leave me until mid-October at least to figure out my options...

I have no reason to assume they will be unreasonable about it, but it'd be useful for me to know what the worst case scenario could be, so that I'm aware of my rights and theirs before I start talking to them...

BitterAndTwisted

Landlords often seek to make improvements to a property in preparation for a sale, rather than to enhance their tenant's lives.

I would operate on the premise that you will be given notice either before the works start or when they have finished.

You are on a periodic tenancy if you are in England & Wales so could be given two month's notice at any time. Ask for another AST if that is what you would like but be prepared to have it declined.

G_M

What's your current tenancy status? Are you in a Fixed Term? From when to when?
Or is the tenancy Periodic (month by month)?

This determines when you can leave (for more on giving notice/ending tenancy, read this post here).

You have a right to 'quiet enjoyment', so can deny all access if you choose. Or set conditions (eg access only when I'm home, or on Mondays, or whatever). But do this in writing.

However, the LL also has rights eg of access, so his rights may clash with your rights.

Read this (long explanation here!).

In practice however, where the rights clearly clash, and you have put your position in writing, the LL has 3 options:

1) accept your conditions
2) go to court to gain a court order for access
3) evict you (subject to the tenancy protection - see post link above)

edit: just re-read your post and see you are on a Periodic tenancy. So potentially 2 rental periods notice.

Dagmar72

BitterAndTwisted wrote: »

Landlords often seek to make improvements to a property in preparation for a sale, rather than to enhance their tenant's lives.

I would operate on the premise that you will be given notice either before the works start or when they have finished.

You are on a periodic tenancy if you are in England & Wales so could be given two month's notice at any time. Ask for another AST if that is what you would like but be prepared to have it declined.

Yes I am well aware of that and it happened to me once years ago already (although in this case I think it's either to have someone related to them move in instead, or try and get a much higher rent, as they only recently bought the property with me as existing tenant), and I stupidly sat through the repairs and still paid them rent only to be served the notice to quit afterwards, which is what I want to avoid by trying to get a better idea of their intentions first.

I they agree to a new 6-months lease (I'm in Scotland by the way, although the main rules and notice periods for a short-assured tenancy are the same) then that buys me time, if they don't then I'll know what to expect and in that case I want to move BEFORE any work gets done, but still try and delay things as much as possible, ideally up to mid-December.

So the real question is: could they still have the repairs done during the notice period? and as I'm aware I can still refuse to leave the property even after the notice expires, are things different at that point?

I was hoping that if they know they can't do the repairs until I'm out, and have a reason to fear I might overstay until they get a court order, they might be more willing to negotiate so that I leave at a more convenient time...

Dagmar72

G_M wrote: »

1) accept your conditions
2) go to court to gain a court order for access
3) evict you (subject to the tenancy protection - see post link above)

edit: just re-read your post and see you are on a Periodic tenancy. So potentially 2 rental periods notice.

Thanks! What I am hoping is that they will see it in everyone's interest to negotiate with me rather than bother taking it to court.

And yes, periodic tenancy, from 21st of the month to the 20th of the following month - does it only work in full rental periods (ie. they'd have to do it by 21st August for it to end by 20th October) or can it be set at any point during the rental period (eg. by 1st August so it ends by 30th September)?

Yorkie1

All of the above advice / links is based on England / Wales law, not Scotland.

Have you looked at Shelter Scotland's website? That will contain information specific to your country.

G_M

Dagmar72 wrote: »

Thanks! What I am hoping is that they will see it in everyone's interest to negotiate with me rather than bother taking it to court.

And yes, periodic tenancy, from 21st of the month to the 20th of the following month - does it only work in full rental periods (ie. they'd have to do it by 21st August for it to end by 20th October) or can it be set at any point during the rental period (eg. by 1st August so it ends by 30th September)?

As Yorkie says, my advice and the links were based on Engliah/Welsh law.

Scotland has very different tenancy law, so for all I know the LL has much stronger access rights......

Dagmar72

G_M wrote: »

As Yorkie says, my advice and the links were based on Engliah/Welsh law.

Scotland has very different tenancy law, so for all I know the LL has much stronger access rights......

Thanks, the Shelter website says this:
"If you do not agree to having work done in the property, your landlord can go to court to ask the sheriff to grant a court order telling you to let them in."

theartfullodger

Or you could try the PRHP route, for resolving tenant/landlord disputes.
see..
http://www.prhpscotland.gov.uk/prhp/1.html

Got a tenancy issue?

The Private Rented Housing Panel (prhp) can help Scottish tenants and landlords resolve their differences. From 3 September 2007, the prhp will provide tenants with a way to force landlords to do necessary repairs.

As it is the landlord that wants it & I assume you don't then leave the ball in his court..

Perhaps a calm polite letter (yes, WRITE, keep copy..) saying what you would agree to .. and see what happens. It is your home, your property, merely landlord's investment whilst you are tenant.

Cheers!

Artful (Scottish Landlord..)

PS I note you say you have SaT. An SaT is only an SaT is, amongst other things, LL can prove AT5 was served on your before you signed tenancy and if the tenancy was for AT LEAST 6 months. If your tenancy was for JUST 6 months, as you'd not be able to move in before, say, some time mid-morning it will be an AT not SaT & thus you can't be evicted just because LL wants you out - you'd need to be, usually, at least 3 months in arrears on rent.

propertyman

Irrespective of the local laws you should look at similar properties, with the new spec, in the area so you get an idea if the rent might go up.

You could also suggest that they can do the work with little fuss. if you've not had your holiday yet that a chunk of spending money would mean that you are "oot the way fer a wee wheil"

I have fond memories of summers in Auchenlarie

missile

Dagmar72 wrote: »

Yes I am well aware of that and it happened to me once years ago already (although in this case I think it's either to have someone related to them move in instead, or try and get a much higher rent, as they only recently bought the property with me as existing tenant), and I stupidly sat through the repairs and still paid them rent only to be served the notice to quit afterwards, which is what I want to avoid by trying to get a better idea of their intentions first....

You could ask the LL what his intentions are, but it seems you already know the worst case senario.
If I were you, I would refuse access and look for another rental before your current term ends. Obviously, this will annoy the LL and you risk getting no reference.