Landlord selling property & tenants rights.

Gwhiz

I'm renting at the moment whilst my house is being built. My AST comes to an end on Nov 26th and I'd love it to run from then as a statutory periodic tenancy until the house is ready (anticipated February 2014).

2 weeks ago the LL told me he wanted to sell the property and has the property up for sale with 2 agents. The AST says that I am to allow the premises to be viewed in the last two months of the tenancy at all reasonable times by prior appointment.

Both EA's called in the week and have one viewing each tomorrow. EA 2 called today to ask if they could have an additional viewing tomorrow and I agreed (making 3 in total). Another member of staff from EA2 then called me (also today0 asking for a viewing on Saturday and I refused as it's the weekend and I will be out most of the time.

The question I have is, what is the acceptable balance between my right to 'quiet enjoyment' and my obligation to allow viewings?

Is there a maximum number of viewings a week that's seen as reasonable? As I work from home, viewings in the week are best but they do also potentially impact on my work so it's a case of showing flexibility on both sides to find convenient times (as we have done tomorrow and did a week ago with a single viewing). However, I feel weekend viewings are not acceptable as that's my 2 days a week to go off and do stuff or have friends and family over. What do you feel is acceptable?

Thanks

[Deleted User]

You have no obligation to allow any viewings whatsoever. You can deny all viewings if you so desire, obviously that's not a nice thing to do and will not help relations with your landlord but it's your right.

Personally I think if a viewing can happen and it doesn't inconvenience you then you should allow it to go ahead, however putting your day on hold to allow a viewing to go ahead isn't fair and in that situation I would refuse to allow a viewing to happen.

edit: this post may be factually incorrect, checking. woops.

Gwhiz

citricsquid wrote: »

You have no obligation to allow any viewings whatsoever. You can deny all viewings if you so desire, obviously that's not a nice thing to do and will not help relations with your landlord but it's your right.

Is this a statutory right that trumps the clause in the AST?

[Deleted User]

Gwhiz wrote: »

Is this a statutory right that trumps the clause in the AST?

http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

That is what our infinitely knowledgeable G_M has linked to previously and my understanding from reading that post is that there is no enforceable right for a landlord to enter for viewings.

(been a while since I read through that post though, I'll re-read it to verify my memory is correct)

Gwhiz

citricsquid wrote: »

http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

That is what our infinitely knowledgeable G_M has linked to previously and my understanding from reading that post is that there is no enforceable right for a landlord to enter for viewings.

(been a while since I read through that post though, I'll re-read it to verify my memory is correct)

Many thanks. I just read that link, and another on another site, and you are absolutely correct.

As suggested on the link, I'm going to suggest a fixed time on a fixed day to the agents so that everyone knows the rules and can plan accordingly.

IronWolf

I would say 3 in a week is a fair amount. When you start getting to 7 that is every day, and quiet enjoyment starts to become infringed upon in my opinion.

It is a subjective term though, if you want weekends free then I think that's your prerogative. As you are very flexible during the week I think it is a perfectly reasonable request.

dimbo61

Yes that is a good idea give the 2 estate agents a list of days and times when YOU are happy to allow viewings.
It will take several months even if the Landlord finds a buyer today.
A buyer will want vacant possession before he/she completes ( Unless it is another BTL landlord) so you hold the cards!!!

chris_m

Gwhiz wrote: »

As suggested on the link, I'm going to suggest a fixed time on a fixed day to the agents so that everyone knows the rules and can plan accordingly.

I would suggest you offer a timeslot on a specified day rather than a specific time if you can - shows more flexibility.

pmlindyloo

It is quite interesting what the GovUK site says about this:

https://www.gov.uk/private-renting - you have the right to live there undisturbed.

If you google the phrase 'quiet enjoyment' then there are certainly a lot of different opinions about it.

As usual this has to come down to common sense and compromise (and I say that as my belief is that landlords who sell with tenants in situ want their cake and eat it so you are doing them a favour).

You want to stay there on a periodic tenancy after the end of the fixed term so it is in your interest to be somewhat cooperative (though the LL would be a fool not to let you continue if he hasn't sold)

However, I always think that tenants should be compensated when they allow viewings. A reduction in the rent would be a nice gesture. After all you are the one being inconvenienced, you are the one who is allowing people to roam round your house (possibly when you are not there) and you are the one (if you are like me) who will probably make an effort for the place to be tidy and clean when there are viewings.

Have you asked for some monetary reward? I do not think it would be cheeky. Perhaps a cash incentive for each viewing?

Gwhiz

chris_m wrote: »

I would suggest you offer a timeslot on a specified day rather than a specific time if you can - shows more flexibility.

I meant that - a 2 hour window for example.

Gwhiz

pmlindyloo wrote: »

It is quite interesting what the GovUK site says about this:

https://www.gov.uk/private-renting - you have the right to live there undisturbed.

If you google the phrase 'quiet enjoyment' then there are certainly a lot of different opinions about it.

As usual this has to come down to common sense and compromise (and I say that as my belief is that landlords who sell with tenants in situ want their cake and eat it so you are doing them a favour).

You want to stay there on a periodic tenancy after the end of the fixed term so it is in your interest to be somewhat cooperative (though the LL would be a fool not to let you continue if he hasn't sold)

However, I always think that tenants should be compensated when they allow viewings. A reduction in the rent would be a nice gesture. After all you are the one being inconvenienced, you are the one who is allowing people to roam round your house (possibly when you are not there) and you are the one (if you are like me) who will probably make an effort for the place to be tidy and clean when there are viewings.

Have you asked for some monetary reward? I do not think it would be cheeky. Perhaps a cash incentive for each viewing?

It's an interesting idea and one I have seen suggested by legal types on other sites.

What I may do is ask for a reduced rental once the fixed term is up as that seems reasonable compensation.