Landlord wants to sell

fairy_lights

xbow wrote: »

"Yes, there is a clause that says that if the property is put up for sale, access to viewings must be provided on 24 hours notice at any point during the tenancy. This surely cannot be right? In this way I could perpetually be opening my home up for viewings until it sells."

again, why did you agree to this if you think it is unreasonable?
it may not be legally enforceable but i think people should just stick to the deal agreed on.

I'm sorry but you really don't know what you're talking about.
Letting agents routinely put clauses about allowing access for viewings in to tenancy agreements, but that doesn't override the tenants rights to quiet enjoyment. And Landlords and letting agents will not remove such clauses from tenancy agreements just because the tenant is unhappy with it.
Would YOU let strangers come and wander round your house at any time as long as they gave you 24 hours notice?

nadirnwo

G_M wrote: »

Please quote precise words of Break Clause.

If deposit protected late and/or Prescribed Information no provided, no valid S21 Notice can be served.

If LL serves notice according to Break Clause, you can either comply and move out, or stay. If you stay, LL still needs a court order - which means he must serve a S21 Notice (see above).

If you do not provide access (viewings etc), LL would need a court order to gain access. A court might grant this, but if you have been 'reasonable' ie allowed limited controlled access the court would be satisfied.

write offering access on, say two days per week at X O'clock.

Prescribed Information (RLA links to various deposit schemes' documentation)

The exact words of the break clause are:

The landlord may determine this tenancy on or after the sixth months of this tenancy by giving the Tenant not less than 2 months notice in writing from a rent due date to that effect, the earliest such date for giving notice being on or after the sixth month of occupancy.

quidsy

IF you are happy to allow viewings do so only at your own convenience. Do not accept all day open houses, this is your home, the ll & ea have no right to expect that of you.

xbow

is it in the contract that the landlord can tell you to leave the property while viewings happen?

if so why did you agree to it?
if not then you don't need to do it?


any way, either way, the landlord has no right to demand you leave the property during viewings.
as a tenant i would always want to be there when strangers are in my home.

my advice would be to keep a log of all communications with the landlord & agency - times, dates, what was said etc.
if you are unfairly treated then you will have records should you need to take any action against unfair treatment.

if you are reasonable re viewings (a whole day for open house viewings is not imho reasonable) then the law is on the tenants side.

xbow

fairy_lights wrote: »

I'm sorry but you really don't know what you're talking about.
Letting agents routinely put clauses about allowing access for viewings in to tenancy agreements, but that doesn't override the tenants rights to quiet enjoyment. And Landlords and letting agents will not remove such clauses from tenancy agreements just because the tenant is unhappy with it.
Would YOU let strangers come and wander round your house at any time as long as they gave you 24 hours notice?

what i am talking about is if someone agrees to something then they should stick to the agreement - simple.

i wouldn't let strangers into my home....& so i would not agree to do so in the first place. simple.

quidsy

and you would probably not get the contract & therefore not be able to move into the property.

mrginge

xbow wrote: »

what i am talking about is if someone agrees to something then they should stick to the agreement - simple.

i wouldn't let strangers into my home....& so i would not agree to do so in the first place. simple.

Just like landlords agree to abide by the concept of quiet enjoyment when they rent out a property.

Or does that not count?

Guest101

xbow wrote: »

excuse me for asking, but you say your contract says:

that "The tenant must provide access for viewings of the property if 24 hours notice is provided". This is in addition to the condition to allow access to the property within the last 2 months of the tenancy.

why did you sign the contract if you are not happy with this?
if you agreed to it then i think you should honour it.

The landlord can't legally make you leave before the end of your AST unless you've breached your contract. I don't know but if you go back on the above paragraph maybe he will have the right to break the contract conditions just as you will have done if you refuse entry.

I would sign it to prevent an argument at the start knowing my legal rights mean I do not have to abide.

What's your point?

Ll and tenant can compromise rent reductions to achieve this

G_M

nadirnwo wrote: »

The exact words of the break clause are:

The landlord may determine this tenancy on or after the sixth months of this tenancy by giving the Tenant not less than 2 months notice in writing from a rent due date to that effect, the earliest such date for giving notice being on or after the sixth month of occupancy.

Is there also a clause saying:

"The tenant may determine this tenancy on or after the sixth months of this tenancy by giving the Landlord not less than 2 months notice in writing from a rent due date to that effect, the earliest such date for giving notice being on or after the sixth month of occupancy."?

If yes, then this clause allows the LL to give you 2 months Notice, which should be accompanied by a S21 as explained above. But if the S21 is invalid (see above), then there is little the LL can do.

If there is NO additional clause allowing the tenant to give notice, then the clause is unenforcible. The OFT & courts have ruled that a Break Clause must benefit both LL and tenant equally (sorry - forgotten the reference).

As for the viewings, a lot of rubbish being written in this thread.

* The contract clause allows the LL access
* Common law protects tenants from excess interruption ("quiet enjoyment")
* where these rights clash, a court will look at the individual circumstances and decide what is reasonable

So be reasonable. As previously advised above, WRITE to the LL and agent offering reasonable days/times for access and denying access at other times. If you wish to be present, then make that clear since again, that is a reasonable request which a court would support. It is your home.

Guest101

G_M wrote: »

Is there also a clause saying:

"The tenant may determine this tenancy on or after the sixth months of this tenancy by giving the Landlord not less than 2 months notice in writing from a rent due date to that effect, the earliest such date for giving notice being on or after the sixth month of occupancy."?

If yes, then this clause allows the LL to give you 2 months Notice, which should be accompanied by a S21 as explained above. But if the S21 is invalid (see above), then there is little the LL can do.

If there is NO additional clause allowing the tenant to give notice, then the clause is unenforcible. The OFT & courts have ruled that a Break Clause must benefit both LL and tenant equally (sorry - forgotten the reference).

As for the viewings, a lot of rubbish being written in this thread.

* The contract clause allows the LL access
* Common law protects tenants from excess interruption ("quiet enjoyment")
* where these rights clash, a court will look at the individual circumstances and decide what is reasonable

So be reasonable. As previously advised above, WRITE to the LL and agent offering reasonable days/times for access and denying access at other times. If you wish to be present, then make that clear since again, that is a reasonable request which a court would support. It is your home.

Every time your post is so much more articulate than mine!

+1 tho, op follow this advice