Can we stop LA showing rental property before we give notice?

Sitting_duck_2

Hi all

I am after some advice regarding our tenancy agreement I will try to be brief

My husband is disabled so we are restricted to the properties we can rent, we rent a bungalow at £2697 per month, we signed a years contract in May 2011 and again in May 2012. In march 2013 we purchased a property which we are having adapted. We wrote to the LA explaining the situation and asked for our tenancy to become a monthly tenancy. We explained we did not know when we would be ready to move out and that we would allow viewings once we knew when we would be leaving and had given notice.

Ideally we would not have said anything but with the tenancy ending they are very pushy and would have wanted to know why we were not renewing for another year

When we were in the office the LA said could they start showing people around now because the property will prove tricky to re let, we felt put n the spot but agreed although in writing we had asked for viewings after we gave notice

We received constant phone calls about allowing viewing and allowed five in one week, we found it very stressful, with my husbands disability he is tired after work, I am busy too and I emailed them and again requested no viewings until we gave formal notice, we don't want to be given 2 months notice either. It would be impossible for my husband to manage in the new house because the refurb is huge

They send constant aggressive pushy argumentative emails arguing every point I try to make they email when i have asked them not to and they wore me down as usual and we have another viewing this evening

So after promising not to waffle it has become a long story, my questions are:

Are we within our rights to refuse viewings until we give notice?

We paid a double deposit for the property because we have a dog, I'm sure I read somewhere that a double deposit offers more protection but could well be mis informed

Our contract says we must allow viewings 6 weeks before the end of the tenancy, I think this is from when We give notice but the LA seems to be saying that the LL only allowed us to go on a monthly tenancy if we allowed viewings and that they will happen whether we like it or not and the end of the fixed term contract means viewings are allowed...he is a bully and sadly close friends with the LL

Many thanks for anyone one who made it this far :A

USM

You don't have to allow viewings at all until after you have moved out regardless of what your agreement says.

~Chameleon~

Why on earth would anyone want to view a property without a confirmed date of vacation?

That must one hell of a size bungalow with such a high rental! Although there's one here for £3000 a month lol

Werdnal

Sorry to hear how stressful this is for you.

Can you offer the agent a compromise? Whilst it is true you have signed an agreement which accepted the clause to allow viewings, so they feel they have a right to implement this, you also have a right to "quiet enjoyment" of the property, which is your home whilst you have a valid tenancy agreement.

I would write to the agent, explaining your situation, and request that they keep vieiwings to a couple of timeslots a week, suggest something like Saturday mornings 10-12 or Wednesday evenings 6-8. (obviously adjust to suit yourselves). Request that they still give you warning if anyone is coming during those times, and not just turn up on the doorstep. Also, state firmly that you will not accept any viewings at any other time, even with notice, and you request the agents to stop contacting you for any other appointments that those within those timeslots. Remind them that you have no obligation to accept any viewings, as their constant hassling you is affecting your "quiet enjoyment" of the property which is your right.

In fact, you could be obstructive towards prospective tenants and hamper their efforts to let the property, so their insistance on forcing viewings on you would be counter-productive. I tried to sell with a tenant in place once, who freely agreed to viewings, then made up a pack of lies about how horrible the place was, anti-social neighbours, noise, etc, and put them off - he took great delight in stirring it!

Of course, there is an over-riding rule that you can prevent any and all viewings, and in order to enforce them, the agent/LL would need to get a court order, which would take weeks, and may not even be successful if a court sided with your circumstances! However, I am sure a compromise can be reached, but you must put it in writing.

G_M

USM wrote: »

You don't have to allow viewings at all until after you have moved out regardless of what your agreement says.

An old chestnut.

Tenant is entitled under common law to 'quiet enjoyment' of their rented home. ie no interruptions.

Landlord is entitled under contract and statute law to access for certain purposes and conditions (24 hours notice etc).

These rights clash, so if a conflict arises, a court would need to decide which right over-rides the other.

So if tenant, as here, wishes to enforce their common law right, they should say so in writing. Letter to landlord, copy to agent, stating whether viewings are permitted, and if so under what conditions.

In this case, given a hard-to-let property and known intention to end the tenancy, I can see why the LL wishes to start marketing, and this seems reasonable. Why not agree to viewings, say, once a week on, say, Saturday afternoons?

Or, if you prefer, refuse all viewings.

But either way, if you don't make it clear, formally and in writing, the LL is justified in relying on his contractual rights of access.

Sitting_duck_2

Thank you all for your responses.

Chameleon it isn't so much a huge bungalow as really well laid out for a wheelchair however the LL has an area around the back he accesses through our driveway and he is up and down all the time. this morning there was an enormous bonfire where he set fire to mattresses and computers and no end of rubbish he collects up there, it is far from peaceful here. His post outnumbers ours every day and he does not appear to have re directed anything

To be honest I totally understand and agree with G_M, the reasons for them marketing it are very fair but we have paid rent in advance until 5th August and although we will let them know as soon as we have an idea when we are ready to move I am worried about being given 2 months notice if they find another tenant. Our works could well go into September or October

Obviously our funds are being decimated having to pay this rent on top of the new house expenses but we are stuck until its adapted

~Chameleon~

It sounds incredibly stressful for you

I'm sure you'll be glad to vacate the property, sooner than later! Hope all goes well for you

grifferz

Sitting_duck wrote: »

I am worried about being given 2 months notice if they find another tenant. Our works could well go into September or October

You have to realise that if you cause enough inconvenience for your landlord then he will give you 2 months of notice and get a new tenant in anyway, given that he knows he is going to have to do this when you are eventually ready to move, which you say is less than 6 months away.

Since that would be the worst of all outcomes for you, it is in your interests to reach an amicable compromise with your landlord.

I wouldn't bother engaging the agents over it - they will be too concerned about their own interests. Just deal directly with the landlord.

RAS

Sitting_duck wrote: »

To be honest I totally understand and agree with G_M, the reasons for them marketing it are very fair but we have paid rent in advance until 5th August and although we will let them know as soon as we have an idea when we are ready to move I am worried about being given 2 months notice if they find another tenant. Our works could well go into September or October

If your LL gives you a section 21 notice to move out on August 5, that means nothing.

All the S21 does is allow the LL to start proceeding to obtain possesion, it does not mean he is allowed possession on August6.

All he can do is to start court proceedings. That will take 6 weeks - 3 months and you would be able to ask for a delay because of your situation. So chances are you would be out before the proceedings finalised.

Ring Envirnmental Health about those fires; they are highly toxic and illegal.

Yorkie1

Hasn't redirected his post?

I wonder whether he's got LL's insurance, consent to let, etc etc? Or even paying tax?

Do you have a gas safety certificate if you have gas appliances / boiler in the property?

Have you been given the prescribed information from the deposit scheme to confirm where your deposit is registered?

Why are you paid up until August? Also, I have some vague recollection that if a deposit is more than two months' rent then there are additional implications for that - but I can't remember the details. Hopefully someone else will be able to.

Good luck.

Werdnal

Yorkie1 wrote: »

I wonder whether he's got LL's insurance

Not a compulsory requirement ...