Where do we stand?

EvaCustard

We've been renting a house for the past 16 months and it is a very informal arrangement. We don't have a Tennancy Agreement in place - Landlady said she would sort it but never has done. When we moved in, I was 6 mths pregnant, and husband was working away, too much to do and not enough time and I just never chased her for it.

I know, I should have so please don't give me a pasting for not doing it

In conjunction with this, she also told me that she had put our deposit in the DPS thingy. We've never had confirmation of this.... despite me asking her countless times.

Anyway - landlady told us she wouldn't be putting house on the market for at least 2 years, low and behold I get a message from her last month to say "given how long it takes to sell a house, she wanted to put it up, straight away". We said ok and asked her to make sure she let us know when the agents wanted to take pics and I would ensure everything tidy etc.

She told me they'd be there not last Wednesday but the Weds before and I spent the whole of the evening before tidying up and making sure the place was spotless. With a small child and all his paraphenalia, this wasn't easy :rotfl:

Turns out they never came. And I didn't hear anything from the LL.

Then I come home from work last Thursday to find that loads of stuff had been moved, washing on the maidens, clothes on the beds, my sons toys etc, clearly for the agents to take pictures. I rang LL and read her the riot act, surely I am entitled to know when agents or others are coming to the house, shouldn't I be entitled (tenancy agreement or not!) to at least 24 hrs notice? She apologised and told me she would speak to the agents.

Next day, she spun me the most unbelieveable story. She said she went to the Estate Agents (one of the biggies) and told them she couldn't trust them to sell the house, having upset me and her and she was putting it on the market with another agent. Apparantly she went to the new agent and they have said "it's ok, we don't need to take more pics, we can use the ones the other agents took" :rotfl: She must think I'm a total idiot. I do not believe for one minute Agent #1 would hand over pictures to Agent #2.

So, yesterday, I get a call from the Estate Agents (new ones) they want to book in a viewing for next week - is Sunday ok? Er, yes, I guess it is.... ok they say, it's Mrs X and she'll be there at 11.30. Erm, am I supposed to show her round, I ask. Well of course we don't open on Sunday they say.

I should mention that I am 100% sure LL hasn't told her bank the house is let. All the remortgage info has come to the address - I know it was remortgage stuff as she told me it was.

After that very long winded story, my questions are this -

Despite having no tennancy agreement, do I really have to be super accomodating to the agents doing the viewings? In other words, should I be the one conducting the viewings?

Would it be totally inappropriate for me to write to her and tell her we want to use the "deposit" as the last months rent when we give our notice? I'm not just saying this (although I'm sure most tennants do) but the house was let unfurnished and we haven't damaged any walls or anything like that.

Thanks in advance, for reading this very long winded post!

hazyjo

Even with a tenancy agreement, you don't have to agree to any viewings. If it doesn't suit you, moving just yet, I'd certainly not help her sell it. I wouldn't conduct viewings. Saying that, I have been shown round by several tenants in my time. Don't let it inconvenience you though!

Your tenancy still stands, with or without an agreement.

If you choose to change the lock barrel, that's within your rights too - to stop anyone walking in with no notice.

Definitely put everything in writing.

Jx

EvaCustard

Thanks. I'll make sure everything is in writing from now on - at least from my end.

And thanks for taking the time to read my post. It was looooooong

RAS

Check with the three deposit schemes whether your deposit is protected.

If it is not, the LL cannot issue you with notice to quit.

Make sure the house looks like a bomb site on Sunday and ensure that you point out all the faults.

For the future, if you decide you want to let people look at the house (no legal obligation to do so at all), give the EA two short time slots each week, providing they have provided the details 24 hours in advance. otherwise, no viewings.

EvaCustard

RAS wrote: »

Check with the three deposit schemes whether your deposit is protected.

If it is not, the LL cannot issue you with notice to quit.

Make sure the house looks like a bomb site on Sunday and ensure that you point out all the faults.

For the future, if you decide you want to let people look at the house (no legal obligation to do so at all), give the EA two short time slots each week, providing they have provided the details 24 hours in advance. otherwise, no viewings.

Thanks RAS, I will check with all 3.

In all honesty, there are quite a few faults (damp in the walls, could do with new floors, re-wireing etc) and will need a lot of money spending on it. OH & I have even considered buying it (we are saving for a deposit but wouldn't be in a position to buy until June-ish). But I'm so mad with LL for telling lies to me and moving the goal posts, it makes me not want to.

I've told the agents I work from home on a Monday and a Friday and would prefer viewings then but they ignored that anyway. To be fair I understand lots of people can only view at weekends.

RAS

EvaCustard wrote: »

I've told the agents I work from home on a Monday and a Friday and would prefer viewings then but they ignored that anyway. To be fair I understand lots of people can only view at weekends.

Well tough. The EA has no right to expect you to agree to viewings at all.

WRITE to them and advise them that you will permit viewings for a limited amount of time on Mondays and Fridays, and at no other time.

Judith_W

Don't feel you need to do the viewings, you should be notified but then you could just go out. It is the LL's responsibility to conduct viewings if she wants it sold.

Or... Show them round but make it clear you aren't happy about moving. having been messed around by the tenants not leaving the property we bought after notice expired, it might put others off and give you longer living there.

And don't feel the need to tidy, we viewed some very messy places, people look past that.

EvaCustard

RAS wrote: »

Well tough. The EA has no right to expect you to agree to viewings at all.

It makes me wonder what story LL told them regarding who is actually living in the house.

Judith_W wrote: »

And don't feel the need to tidy, we viewed some very messy places, people look past that.

I'd be too embarassed not to. Can't help but think people would be judging me. Although with a toddler who leaves a trail of pure disaster behind him it's hard to keep everything perfectly tidy