Looking for info on legal position as a tenant

Ponygirlie

Background: we have lived in this house for nearly 2.5 years. Rent always paid on time, inspections always passed, never obstructed managing agent entry for any reason, allow them and repair men to enter with their key if I am at work, resulting in the door not being locked after plumbers left, and carpets being ripped up and not replaced properly, my entire wardrobe being emptied and not put back, sharp shards of wood being left amongst my 4yr olds toys...basically not a good experience.

Two months ago the letting agent called to say that the owners were thinking of selling the house. OH and I realised that this meant it was pretty likely and so asked for clarification. We were told that we would be kept informed but nothing would happen until September at the earliest.

August 14th an estate agent (not the current letting agent), called us to arrange to view the house for valuation. We were abroad so arranged for this to be done on our return, bit put out that we hadn't been informed of any decision by LL or LA. Valuation was done when we returned and they called a couple of days later to arrange to come over and take photos tomorrow. Still no word from LL or LA.

I went out at 6pm tonight and returned just after 9.30, to find a "for sale" sign has been put up in the front garden. STILL no contact from LL or LA.

I am really, REALLY, cross! We haven't been told that the house is being sold other than joining the dots from the last few weeks events. I don't want my personal belongings photographed and displayed online. I also don't want to have to show people around, nor do I want to allow free access to an estate agent by giving them a key. (Or the LL giving them a key!!!)

Can anyone advise? I have looked online but it all seems either a bit vague or not relevant to our situation.

G_M

Legal position? No wrong doing.

I note that you have consented to all access requests for valuation, photos etc.

The owner of a property does not need the occupants/tenants permission, or even knowledge, to sell the property.

Of course, it is sensible, and polite, to do so, but not compulsory.

Whether & how the owner/landlord can end the tenancy, depends on the tenancy type, which you do not mention.

To sell the property, the tenancy does not have to be ended though. If the property is sold, the new owner will become the tenants' landlord. Legislation then requires that the tenants be informed of the transfer (but not in advance) see:

Landlord & Tenant Act 1985 section 3

The terms of the tenancy do not change. All that changes is the landlord's name, and the arrangements for rent payment (since the new LL will have a new bank account/address etc).

The new owner/landlord can only end the tenancy (if he wishes) in the same way as the old LL could (see above).

As for the photos going online, the time to object was surely before they were taken. By consenting to access for the photo session you implictly agreed to their use in marketing, since you had already been warned of the purpose.

As for further access for viewings, read your tenancy agreement. Waht does it say about access? It may grant the landlord access rights. However, you do also have a common law right to quiet enjoyment of the property. If the LL excessively interferes with your QE (nothing to do with noise!) eg by multiple viewings /no warning / inconvenient times etc you can object.

The key is to discuss and negotiate if/when you are notified of the first viewing, or if one takes place unannounced. Make clear, first in discussion and then by confirming in writing, what you will/will not agree to eg

* viewings in your presence only/or not
* viewings in daytime/evenings only
* viewings on Monds & Thursdays (or whatever) only

Reach a sensible, amicable, compromise.

Ponygirlie

Thank you for your reply. I guess what I am asking is do I HAVE to allow them to take photos inside the house that will show our personal items for them to put online? I really don't feel comfortable with this.

And can I refuse them entry for viewings if I will not be in the house?

G_M

Ponygirlie wrote: »

Thank you for your reply. I guess what I am asking is do I HAVE to allow them to take photos inside the house that will show our personal items for them to put online? I really don't feel comfortable with this.

Again. Read your tenancy agreement.

Re photos - sorry I missed that this is due tomorrow (thought it had happened).

You could certainly insist (assuming you are there!) that the photographer does not include your possessions in his photos. If this makes his task impossible (quite likely), that is not your problem. If he persists, ask (demand) that he leave your home.

And can I refuse them entry for viewings if I will not be in the house?

Right of access Vs right to privacy/quiet enjoyment is a grey legal area. Depending on the wording in the TA, both rights may exist.

In that case, and where a dispute arises which you cannot reach compromise on, only a judge could decide, either be granting the LL a court order to gain access (probobly with conditions of frequency/time etc), or by granting the tenant a court order denying the LL access.

As a last resort, you could change the locks to physically prevent access, pending a court judgement (beware legal costs if you lose).

Reasonableness is the key (on both sides), both to avoid court action, and in how a court might decide.

Pixie5740

What sort of tenancy agreement do you have? What is the start date and when does the fixed term, if any, end?

jjlandlord

G_M wrote: »

Right of access Vs right to privacy/quiet enjoyment is a grey legal area. Depending on the wording in the TA, both rights may exist.

Again there is not necessarily a "vs" here.

If there is a clause allowing viewings then the tenant cannot rely on his right to quiet enjoyment to prevent them unless access is unreasonable and excessive.

I won't even comment on the "change the locks" advice...

Ponygirlie

Thank you everyone. I will check out the tenancy agreement and see if anything is covered in that.

mrginge

I think before you start thinking about what you can or can't do, you need to find out if you're going to have to move out.

G_M

mrginge wrote: »

I think before you start thinking about what you can or can't do, you need to find out if you're going to have to move out.

Or perhaps not. Why stir the landlord into issueing a S21 Notice prematurely.....?

Much depends on the tenancy ie has it still got 10 months to run or is it periodic (monthly)?

Maybe just quietly start looking around and then give notice when you are ready, rather than when the LL gets round to it.

mrginge

Well that 'premature' s.21 might be being shoved in a postbox as we speak. Or it might not happen at all if the LL is looking to sell to another investor.

The point is that the OP needs to understand what the LL's motivations are in order to negotiate an 'access and exit' strategy that is mutually beneficial.

The OP has options and tactics, which can vary depending on the LL's position. These should then be used primarily for their own benefit rather than just to disadvantage the LL and create conflict.