Landlord wants to sell

macman

Nowhere do you actually say that your LL is selling with vacant possession. He may be selling it to the buy-to-let market with the tenancy in place, in which case you'd hopefully acquire a better LL.

nadirnwo

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.

Many thanks! I guess its wait and see now. I am happy to be accommodative, I just don't want to have to leave my home for the day on Saturday's because of open days, etc. I will follow your suggestion and offer time slots to the LL and EA to show I am happy to cooperate.

Guest101

nadirnwo wrote: »

Many thanks! I guess its wait and see now. I am happy to be accommodative, I just don't want to have to leave my home for the day on Saturday's because of open days, etc. I will follow your suggestion and offer time slots to the LL and EA to show I am happy to cooperate.

In writing.

Might still change locks. Unless you want them just turning up

kiddy_guy

nadirnwo wrote: »

Many thanks! I guess its wait and see now. I am happy to be accommodative, I just don't want to have to leave my home for the day on Saturday's because of open days, etc. I will follow your suggestion and offer time slots to the LL and EA to show I am happy to cooperate.

The below should help. If I was you and the LL does not want to play ball, do not allow the viewings. The LL is not making repairs or checking condition, and even if they were, the LL or EA is showing people around, not repairing.


Alternatively after the first viewing your laptop/aftershave/prize duck might go missing.. I'd be telling the EA that as they can't conduct viewings without prospective buyers stealing, they can't conduct viewings again...



What access rights does the landlord have?

The landlord or agent has the legal right to enter the property at reasonable times of day to carry out the repairs for which the landlord is responsible and to inspect the condition and state of the repair of the property. The Landlord must give 24 hours’ notice in writing of an inspection.
Quiet Enjoyment

The tenant has the legal right to live in the property as his or her home. The Landlord must ask the tenant’s permission before entering the premises.

Zorz_2

G_M wrote: »

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).

I think it should be here somewhere:
Guidance on unfair terms in tenancy agreements

I agree that the asymmetrical exit clause is unfair and probably unenforceable. In effect, the LL wants the T tied down for 12 months but also wants to keep the 6 months flexibility for him/herself.

Also the whole thing is badly drafted, the LL cannot conclude the tenancy, only a court or the T can. The "on or after the sixth month" is vague, does it refer to the expiration of the notice or it's service, etc.

nadirnwo

Zorz wrote: »

Also the whole thing is badly drafted, the LL cannot conclude the tenancy, only a court or the T can..

Thanks for this, could you explain the above please?

Guest101

nadirnwo wrote: »

Thanks for this, could you explain the above please?

A ll cannot end a tenancy. Ever.

Only a court or tenant can.

A tenant and ll may mutually agree to end also, but both parties must agree

hkareno

My landlord wants to sell the flat I'm living and I am on rolling month ie I just need to give a month notice if I want to move out. I am aware that landlord needs to provide two months notice if he wants the house back. However, I have not received anything from him yet. In this case am I still responsible to let people in to do viewing or can I can refuse unless landlord provide me a notice.

Also agent is keen to arrangement viewing appointment and they just send me letter which states when they will come. Arguably they gave 24 hours notice. However, sending me a letter does not mean they got my permission. As I may not receive the letter eg I could be away or delay in post.

This question is by law do landlord/agent need my permission before entering the property (ie I need to agree) or do they just need to inform tenant 24hours advance (ie doesn't matter whether tenant have received the notice or not)?


Many thanks

BitterAndTwisted

Their 24 hours notice of a viewing is a REQUEST. And a request which you can deny. By changing the barrel of the lock if you feel that they will enter despite your having not given them your permission.

If you don't want to give your permission for this request, or any viewings at all you should inform them of your decision in writing.

Fully expect the agent to act as if you have no rights at all. Most estate agents know less than letting-agents abut LL&T legislation, or tenant's rights, or pretty much anything other than getting a fat fee for finding a buyer.

jjlandlord

The Oxford dictionary disagrees that a notice is a request:

Notice: Notification or warning of something, especially to allow preparations to be made.

Request: An act of asking politely or formally for something.

It's not to say that the tenant can never deny access because there are several layers of rights on both sides, but the landlord may already have a right of access, and thus in affect already have the tenant's permission.
The notice informs the tenant that the landlord intends to exercise his right.