Can my Landlady do this?

cheesymash

My Landlady contacted me on Monday evening to say that she needed to enter my flat on Tuesday afternoon for an inspection.
Myself and my OH we're both at work and unable to attend, and because we've had problems with the Landlady in the past (she has let herself in to the flat when we haven't been there, without notice on more than one occasion) we arranged for a family member to attend the inspection.
Thank god we did, because it turned out the "inspection" was actually an appointment she had arranged for an estate agent to come in and take photos so she could put the property up for sale!
If we hadn't had someone there we may never have known what had happened, and only found out that the flat was up for sale when we saw it advertised.
It's not the fact of the flat being put up for sale that bothers me though, more the fact they took photos of my home without any warning or permission. At the very least, if she had told us what was happening we could have tidied up a bit more and removed anything personal.

I contacted the agent who is selling the property today and told him that we are not happy for photos of our possessions, taken without our knowledge to be used to market the flat, but he says he has no choice but to use them unless the landlady says otherwise. I haven't been able to get hold of my Landlady to discuss this with her but she is not a pleasant woman and I can't see her backing down and agreeing not to use the photos.
So where do we stand? Do Landlords and Ladies have a legal right to take photos of tenanted properties with no notice to the tenant?

gazter

cheesymash wrote: »

My Landlady contacted me on Monday evening to say that she needed to enter my flat on Tuesday afternoon for an inspection.
Myself and my OH we're both at work and unable to attend, and because we've had problems with the Landlady in the past (she has let herself in to the flat when we haven't been there, without notice on more than one occasion) we arranged for a family member to attend the inspection.
Thank god we did, because it turned out the "inspection" was actually an appointment she had arranged for an estate agent to come in and take photos so she could put the property up for sale!
If we hadn't had someone there we may never have known what had happened, and only found out that the flat was up for sale when we saw it advertised.
It's not the fact of the flat being put up for sale that bothers me though, more the fact they took photos of my home without any warning or permission. At the very least, if she had told us what was happening we could have tidied up a bit more and removed anything personal.

I contacted the agent who is selling the property today and told him that we are not happy for photos of our possessions, taken without our knowledge to be used to market the flat, but he says he has no choice but to use them unless the landlady says otherwise. I haven't been able to get hold of my Landlady to discuss this with her but she is not a pleasant woman and I can't see her backing down and agreeing not to use the photos.
So where do we stand? Do Landlords and Ladies have a legal right to take photos of tenanted properties with no notice to the tenant?

She'll have trouble selling the house with you not allowing viewings.

PuzzledDave

Probably not much you can do short of some court action. You could threaten to change the locks and refuse all viewings though if they refuse to retake the photos sans your stuff.

rob404uk

Or you could just comply to try and get your deposit back. Love option 2 otherwise

dimbo61

Time to look for a new home.
Are you in a fixed tenancy agreement or periodic ?
If you moved now it would mean Landlady would struggle to get tenants while property up for sale ( So no rent !)
Up to you if you allow viewings.
Is the property on the Estate agents website ?
Maybe a friend could phone the agents and ask if the property is being sold as an Investment property with tenants or for homeowners and therefore Vacant possession needed and you will be evicted.
This could take months to sell and Landlady would be very happy to get you to pay the rent while she sells the place from under you.

Ulfar

I would find another place to live, sooner rather than later.

Has she protected your deposit?

Depending on the answer to this would alter whether I would allow viewings or not, they would however be at time convenient to myself and always when you are present.

Time to change the locks if you haven't already.

Herbalus

In short, not much you can do about the photos, apart from perhaps take some more and offer those?

A few options for further down the line, depending on your circumstances and how awkward you want to make the landlady's life.

A) Stay in the flat and don't allow viewings. She'll find it difficult to sell the house.

This

dimbo61 wrote: »

If you moved now it would mean Landlady would struggle to get tenants while property up for sale ( So no rent !)

Move out as soon as you comfortably can, and then she won't get rent money while she sells it.

cheesymash

Thanks for the replies.
I have told my landlady that I feel uncomfortable with her using the photos she took without our knowledge, and have offered to take some photos myself when the flat is tidied up and personal stuff put away.
I also told her that we want to be present for all viewings of the flat. She has replied to say that she would prefer it if we weren't there as we will make it look cluttered! :eek:
Our tenancy agreement does say that we have to allow viewings as long as 24 hours notice is given, what would happen if we were to refuse viewings?
And legally can we change the locks?

Mallotum_X

Legally you can refuse all viewings, legally you can change the locks. Legally she can't enter without a court order.

But she can make getting the deposit back and references a pain.

dimbo61

You can either refuse viewings and make life difficult for the EA and LL or
Ask for a reduction in rent while she sells the property and allow viewings at a time to suit you.
Give notice and move Asap making sure you are given an excellent reference and full deposit back before leaving.

Lance_De_Boils

I think I read somewhere that boiled smoked haddock and home made curries are the most popular smells enjoyed by house viewers.