Landlord selling property & tenants rights.

jules888

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?

I dont agree with a monetary reward.It is the ops home not house,the LL owns it.When it is hard to sell these days and takes so long i dont blame people wanting to rent their houses out.My parents gave me their house many years ago to sell,couldnt so rented it out.Took 4 years to sell it.I would have been shocked if any tenants asked for money .So glad not a LL now or renting.

Gwhiz

jules888 wrote: »

I dont agree with a monetary reward.It is the ops home not house,the LL owns it.When it is hard to sell these days and takes so long i dont blame people wanting to rent their houses out.My parents gave me their house many years ago to sell,couldnt so rented it out.Took 4 years to sell it.I would have been shocked if any tenants asked for money .So glad not a LL now or renting.

My LL has been renting the house out as a professional LL for quite a few years. I'm the latest in a line of tenants. It's always been an investment rental property.

I do not want the house to sell but am happy to play fair and allow viewings.

Can't see why a reduced rent as a fair exchange for my inconvenience is so bad as right now I'm the only party being inconvenienced. Give and take I say!

dimbo61

The LL will want to show the property in the best light so to speak.
If you are sitting eating your dinner and leave the whole property in a mess it will put viewers off!
If you complain about the damp, noisy, anti-social neighbours ETC that will also put people off.
But you do not want an S21 with 2 months left on your tenancy DO YOU?
So perhaps working together so you get the extra months and he sells the house!!

Guest101

Gwhiz wrote: »

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

You can if you choose, deny all viewings, change the locks and let them do one. but this will get you evicted. it will take 4-5 months.

So its up to you to allow as much or as little as you want

Better_Days

I think that allowing viewings on 5 days out of 7 is very reasonable. Be prepared, though, for the EA's to try and push their luck. Their priority will be to get a fee by selling the property, not your convenience. As to the number of viewings a week, well, I think it depends on how disruptive you find viewings. Do you prepare the property for the viewing in any way? What effect does it have on your productivity as you work from home?

It is likely that there will be a flurry of viewings initially and if the property doesn't sell then there will be less.

If you think the EA's will try and conduct viewings while you are not there you may wish to change the barrel of the lock (and change it back when you move)

G_M

There are two approaches: mutual agreement, or legal dispute.

1) you can mutually agree anything you wish. It clearly makes sense to offer a certain degree of access for viewings. Why make it impossible for the landlord to sell? It also makes sense not to let your life be disrupted, and your privacy disturbed.

So offer, say, one day per week when you will make sure the house is reasonably tidy/clean (no need to go mad, but make a bit of an effort!) and provided the LL/agent rings in advance, you will allow viewings between X & Y O'clock.

Discuss this direct with the LL, and once you've agreed, confirm it in writing (and send copies to the agents. Agents are renowned for ignoring agreements/instructions!).

2) the law
a) you have a common law right to 'quiet enjoyment' of your property ie uninterrupted life.
b) your LL clearly has a contractual right of entry in the last 2 months for viewings

Neither right is absolute, but where there is a dispute either

1) you stop him coming in (either verbally or by changing the locks), and he goes to court to get an access order or
2) the LL ignores your right and comes in, and you go to court to get an injunction to stop him or
3) the LL ignores your right and comes in, and you prosecute for harassment (though his entry would have to be repeated!)

franklee

Gwhiz wrote: »

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.

The end of the fixed term isn't the end of the tenancy unless the tenant leaves which you are not planning to do.

Even after any 21 notice period expires the last two months of the tenancy isn't known as it can take a while to get a possession order etc. Has the S21 even been served?

So it's not the last two months of the tenancy yet. Arguably the tenancy is going to end in February although you hopefully haven't served notice yet so that's not formal. I make the last two months January and February at the earliest.

Gwhiz

franklee wrote: »

The end of the fixed term isn't the end of the tenancy unless the tenant leaves which you are not planning to do.

Even after any 21 notice period expires the last two months of the tenancy isn't known as it can take a while to get a possession order etc. Has the S21 even been served?

So it's not the last two months of the tenancy yet. Arguably the tenancy is going to end in February although you hopefully haven't served notice yet so that's not formal. I make the last two months January and February at the earliest.

That's a really interesting point. No Section 21 has been served (I even looked through the AST to see if it had been inserted there) so you are right.

EDITED FOR UPDATE - THE AST does state at the very beginning "the LL will be entitled to recovery of possession of the premises in accordance with the provisions of Section 21 of Housing Act 1988 (1996) by serving upon the tenant at least 2 months notice in writing. Assume this is NOT a Section 21 in itself.

The AST does provide a 'Tenancy Break Clause' where both parties have the right to terminate at the end of the first 12 months period by giving not less than one months notice in writing'. (Does this mean after November 25th, if I'm still here then it becomes a one month notice period?)

The AST runs from 26 Nov 2012 to 25th November 2013 so I assume I should have been served notice on 25th September if the LL wanted be out on 25th November? (statutory 2 month notice?) .

I certainly want to play fairly in all this so think the best thing is to allow viewings during the week as long as they are convenient (do not impose on my work as I work from home) and not at weekends.

Even if a buyer is found I would feel pretty confident that I'd be here until Feb seeing as no notices have been served and it's not likely that a buyer will be found so quickly.

I_have_spoken

Just allow viewings, but 'mention' that you won't be vacating until court-appointed bailiffs evict you.

Gwhiz

I_have_spoken wrote: »

Just allow viewings, but 'mention' that you won't be vacating until court-appointed bailiffs evict you.

To be honest I cannot see anything happening until January at the earliest but if push came to shove I'd have to do something like that as there is no way I could find another place, with a dog, for 2/3months.

Can't see it having to be like that though to be honest.