rented home up for sale

cupcake-queen

Hi.

We've rented our home since September 2012 and are very happy here. In June 2014 our landlord and lady decided to put the house up for sale. He told us by telling my husband when he was drunk down the pub. Living in a home that's on the market has not been easy. As my husband couldn't remember what had been said I spoke to our landlord myself. He said he would compensate us with deducting £50 rent a viewing.

So far he's switched estate agencies twice meaning, 2 valuations and 2 sets of photos. We've had an average of 1 viewing per month since August. Keeping the house in order with 2 small children for the viewings, which at times have been very last minute has been difficult at times.

I have always done my best to accommodate the viewings, fitting them around work, school and general life. The landlord and lady want nothing to do with the viewings what so ever. I've had months of phone calls from the estate agents. Returning calls etc. I've made it clear that I am not prepared to show people around but there has been an occasion that the agent couldn't make it but I still agreed to let people in.

Tonight he has turned up on my doorstep unannounced shouting the odds and causing a scene saying that he never agreed to the rent reduction. He argued with me (although I did keep my cool most of the time) in front of my 2 children. I'm still quite shaken up by it.

I have other concerns too. I have NEVER seen the tenancy agreement. My husband signed it, I've never set eyes on it and i have asked to see it countless times. I requested that my name was on it too but this was ignored. Also our deposit is not held in a third party holding account which I know is illegal. I want my (it is mine!) Money to be safe but at the same time I don't want to anger and the man by taking action, he has proved to me how nasty he can be tonight.

I posted about the issue of the landlord and lady putting the house up for sale some time ago in another forum and received a lot of abuse from fellow posters so for that reason I want to make it clear that I am not angry at my landlord and lady for putting the house up for sale, it is their property so I respect their decision it is the way we've been treated I have the problem with.

Guest101

cupcake-queen wrote: »

Hi.

We've rented our home since September 2012 and are very happy here. In June 2014 our landlord and lady decided to put the house up for sale. He told us by telling my husband when he was drunk down the pub. Living in a home that's on the market has not been easy. As my husband couldn't remember what had been said I spoke to our landlord myself. He said he would compensate us with deducting £50 rent a viewing.

So far he's switched estate agencies twice meaning, 2 valuations and 2 sets of photos. We've had an average of 1 viewing per month since August. Keeping the house in order with 2 small children for the viewings, which at times have been very last minute has been difficult at times.

I have always done my best to accommodate the viewings, fitting them around work, school and general life. The landlord and lady want nothing to do with the viewings what so ever. I've had months of phone calls from the estate agents. Returning calls etc. I've made it clear that I am not prepared to show people around but there has been an occasion that the agent couldn't make it but I still agreed to let people in.

Tonight he has turned up on my doorstep unannounced shouting the odds and causing a scene saying that he never agreed to the rent reduction. He argued with me (although I did keep my cool most of the time) in front of my 2 children. I'm still quite shaken up by it.

I have other concerns too. I have NEVER seen the tenancy agreement. My husband signed it, I've never set eyes on it and i have asked to see it countless times. I requested that my name was on it too but this was ignored. Also our deposit is not held in a third party holding account which I know is illegal. I want my (it is mine!) Money to be safe but at the same time I don't want to anger and the man by taking action, he has proved to me how nasty he can be tonight.

I posted about the issue of the landlord and lady putting the house up for sale some time ago in another forum and received a lot of abuse from fellow posters so for that reason I want to make it clear that I am not angry at my landlord and lady for putting the house up for sale, it is their property so I respect their decision it is the way we've been treated I have the problem with.

Hi,

Most of the problems u face are common so fear not.

1: it is YOUR home, u own a lease. Without starting a debate, it is widely held that you own all rights to the property whilst you are a tenant. That means you choose who can and can't come in.
2: the LL turning up out of the blue has obviously shaken you. You or ur husband need to make it clear that this is unacceptable ( if necessary change the locks and call the police )
3: the fact that deposit isn't protected works in your favour, the LL cannot evict via s21 unless he returns it, and u can sue for 1-3 x the value on top of this
4: regarding viewings, make it clear that u can do viewings on certain days and times.

Depending on if u are fixed term or rolling ( I suspect the latter ), the LL may try to evict. This will take some time, but given the house is up for sale u'll probably be moving at some point.

Do not tell the LL about these things. Just know that when they get an offer and want u out, they're going to be paying u to move.

The LLs are clearly upset property hasn't sold and taking it out on u. Not on

theartfullodger

(After thinking about the consequences) Write a calm, polite letter stating you are unhappy with the behaviour and no more visits or viewings of any nature will be allowed without your prior agreement, in writing, which you are not yet giving.

Consequences? He can evict you for no reason at all using s21.

Selling the place does not stop, end or change your tenancy - it continues, with new owners as new landlord. That they want to live there is their problem.

RAS

Are you in England, Wales NI etc? Scottish law is different. Assuming England or Wales..................

Do you have any document that details the address for the serving of notices? Usually this would be on the tenancy agreement?

I assume from you comments that you have checked that the deposit is secured or otherwise in all three schemes?

I suggest that you and hubbie both stop talking to your LL and put everything in writing.

fishpond

Whilst agreeing with most of the above, remember that it is likely you will not get a good LL reference (just pointing it out), whether you care or not is another matter.
I am a little concerned that you may not be on the agreement and if your husband is a drinking partner of the LL, he may not want to go down the legal route.
On further reflection, you may find it worthwhile talking to Shelter.

jjlandlord

You are most likely under no obligation whatsoever to allow viewings.

Clearly your landlord does not seem to be the most professional one out there, but frankly it takes 2 to play that game... No documents, drunken chats down the pub, etc.
You may not be able to change your landlord, but you should be more rigorous in managing your end.

What you can do from now on is to ensure you have communications in writing, and to be firm on viewings while staying civil and flexible enough permit a deal.
You have to have a relationship with your landlord so you should at least try at your end to keep it working.

To be honest, if that does not work the easiest solution may be to move. If he is seriously trying to sell, there is a good chance that he will want you to leave sooner or later anyway.

Pixie5740

Your landlord's behaviour isn't acceptable. You've been accommodating with viewings and he can't even be bothered to protect your deposit.

Unless he sells to an investor who wants to keep you as tenants you will have to move sooner or later. You can make this difficult from him (Deposit not protected so section 21 not valid unless he returns the deposit first. Dragging it out to court.) or you can make it easy on yourself and not give this bad tempered little man any more of your money than you have to. Find a new home, serve notice and leave him with a void period whilst he tries to sell and let them conduct their own viewings and liaise with the EA. Once you've left request the return of your full deposit. Whether you decide to sue for non-protection I'll leave up to you.

cupcake-queen

Many thanks for all your replies, I really do appreciate them.

Firstly, I wish we could move out. I love the home but the hassle hasn't been worth it. Unfortunately we haven't got the funds to set up a new tenancy. It cost around £900 to go through an agency, deposit and fees and right now I'm feeling that going through an agency would be the best option (we currently privately rent)

I've always had my suspicions about the deposit and it was confirmed today when I asked him where it was. His excuse was that the previous tenants trashed the joint and cost him £5000 (not my problem)

My husband has called him and said to never speak to me in that manner again and that if he had a problem he was to go to him. They are not drinking buddies they just run into each other at the pub very occasionally. My husband also made it clear in a round about way that there was a witness to altercation. We live next door to my husband's brother and his wife and family. A neighbour called my brother-in-law to tell his wife that she might want to check on me and she gave me a ring. Feel very grateful to have a friend so close by.

Now I've calmed down and read your replies using your suggestions and advice I've made some decisions. When I see the estate agent tomorrow I'm going to have a written set of rules to make things easier on everyone. Requesting that they stop hounding us on days that we work and that I am now only going to accept viewings on a certain day of the week (Wednesday's are good for us) and for any other day of the week they will need to give us a weeks notice. I will also try and prepare something for the LL requesting that he is not to turn up on our door step unannounced, I believe he should give us 24 hours notice.

Guest101

cupcake-queen wrote: »

Many thanks for all your replies, I really do appreciate them.

Firstly, I wish we could move out. I love the home but the hassle hasn't been worth it. Unfortunately we haven't got the funds to set up a new tenancy. It cost around £900 to go through an agency, deposit and fees and right now I'm feeling that going through an agency would be the best option (we currently privately rent)

I've always had my suspicions about the deposit and it was confirmed today when I asked him where it was. His excuse was that the previous tenants trashed the joint and cost him £5000 (not my problem)

My husband has called him and said to never speak to me in that manner again and that if he had a problem he was to go to him. They are not drinking buddies they just run into each other at the pub very occasionally. My husband also made it clear in a round about way that there was a witness to altercation. We live next door to my husband's brother and his wife and family. A neighbour called my brother-in-law to tell his wife that she might want to check on me and she gave me a ring. Feel very grateful to have a friend so close by.

Now I've calmed down and read your replies using your suggestions and advice I've made some decisions. When I see the estate agent tomorrow I'm going to have a written set of rules to make things easier on everyone. Requesting that they stop hounding us on days that we work and that I am now only going to accept viewings on a certain day of the week (Wednesday's are good for us) and for any other day of the week they will need to give us a weeks notice. I will also try and prepare something for the LL requesting that he is not to turn up on our door step unannounced, I believe he should give us 24 hours notice.

He should, or more depending on ur tenancy and can't just keep turning up too. U choose who comes and goes.

U will eventually be moving.

As for deposit, he'll need to return before evicting and u can sue.

U need to start saving now for ur move.

If he gets a buyer and wants u to move Coe back for more advice

franklee

No need to have suspicions about the deposit, you can ring all the schemes yourself to see if the deposit is protected. Even if it is was it done within 30 days of receipt? Also were you given the prescribed information?

Read up on the deposit protection to make sure you understand it.
http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes

If the deposit wasn't protected in time any section 21 notice served isn't valid unless the deposit is returned first.

Viewings now, unless to an investor, are pointless as the usual advice is the evict a tenant before exchange on contracts. Having a tenant in-situ puts many buyers off. Also it's normal to have viewings in the last one or two months of a tenancy, seven months of viewings is bonkers. I hope you've kept a log of them all to show you have already been reasonable in giving access.

Eventually you will have to move so start saving towards that now as a priority. Really you should have saved enough over the last seven months.

Going through an agent isn't necessarily any better than going direct and can be worse. It all depends on the individual.

Time to toughen up, get more business like and spend your energy on sorting your future out and not on being the landlord's selling assistant.

In future get any agreements made in writing.

franklee

Guest101 wrote: »

He should, or more depending on ur tenancy and can't just keep turning up too. U choose who comes and goes.

U will eventually be moving.

As for deposit, he'll need to return before evicting and u can sue.

U need to start saving now for ur move.

If he gets a buyer and wants u to move Coe back for more advice

Can we have that in English?