Landlord selling the flat - Viewings

jjlandlord

The usual advice that a tenant may ignore contractual clauses is wrong, counter-productive, and dangerous.

As said, OP should read his tenancy agreement.

If there is nothing about viewings he does not have to allow any. If there is something about viewings he should do his best to comply as long as it is reasonable (i.e. with reasonable notice and at reasonable times).

People should also understand what the OFT guidance are and what they actually say.

pyueck

jjlandlord wrote: »

As said: You can repeat the same thing ad nauseam, it will not make it so.

OP Jj and I disagree on this point. In any case speak check your contract and and speak to the landlord.

Come back here if you are not happy with outcome.

Good luck

Guest101

OP

It is unlikely that the contract says: to allow viewings at all time, with no notice. - even if it does, that would not be a fair term.

Tell us what, if anything, it says.

When I rented a flat, I negotiated 50% off my rent, in exchange for viewings mon-fri 9-5 with little notice. There was no clause in the agreement.

pyueck

jjlandlord wrote: »

The usual advice that a tenant may ignore contractual clauses is wrong, counter-productive, and dangerous.

As said, OP should read his tenancy agreement.

If there is nothing about viewings he does not have to allow any. If there is something about viewings he should do his best to comply as long as it is reasonable (i.e. with reasonable notice and at reasonable times).

People should also understand what the OFT guidance are and what they actually say.

Yes the oft rules say that any clause must be reasonable. Common law says that a tenant must have exclusive right to quiet enjoyment of their home. I am well aware there is legal disagreement whether exclusive extends to a tenants right to refuse all landlord visits (bar emergencies covered under the l&t act). However there is to my knowledge no cases of a tenant being successfully sued or a deposit withheld for denying landlord access.

jjlandlord

pyueck wrote: »

Yes the oft rules say that any clause must be reasonable. Common law says that a tenant must have exclusive right to quiet enjoyment of their home. I am well aware there is legal disagreement whether exclusive extends to a tenants right to refuse all landlord visits (bar emergencies covered under the l&t act).

I don't have any "legal disagreement" with you because you never have made any legal point: You are just repeating a very partial view of the issue.

pyueck wrote: »

a tenants right to refuse all landlord visits (bar emergencies covered under the l&t act).

There is no such thing in the L&T Act.

Anyway, I'm rather tired of this empty 'argument'. The only point I'd like to get across at this point is that it is dangerous and counter-productive to repeat to tenants that they can ignore tenancy clauses as if it was a fact.

Norman_Castle

Will you be moving out in May?. If so advise the agent they or anyone else are not welcome in your home while you are not there. Viewing times need to be agreed by you and you will clean your home to suit yourself. Not for your landlords convenience. If they dont like it they can wait until you've stopped paying to live there.

Do you go out to allow the viewings?. If you are happy to be there just stay in.

£20 per month?. I would want £20 per viewing!.

kiss_me_now9

Thanks all

Firstly - I'm in England.

I have gone through our contract with a fine tooth comb and all it says about viewings is about the end of the tenancy, nothing written in it about selling the place. It says that 24 hour notice has to be given in writing by the agent (they're doing this by text - is that the same?) and that we have to be reasonable with allowing viewings to happen. I don't think being guilt tripped into doing evening viewings when I don't want to is reasonable, really.

The letting agents and the selling agents are the same company. To date I have had *no* contact with my landlord, by email or phone. It's all been handled by the agents.

I will be moving out in May - I'm probably going to have to move back in with my parents as I am no longer in a position to be able to afford my own place, and I'm on a fixed term contract with work.

I am not going to be refusing viewings - but I would like them to be reasonable with me about when they are and how they judge the place. I chose not to be in because I don't want to be sat on the sofa whilst people judge it against their personal spectrum, I wasn't expecting the agents to do the same!

Don't worry, the place will be spotless when it gets handed over. Though a side question would be - if the place is sold, and say, for instance, they were to end my tenancy early (very very very unlikely) - would they be able to reclaim anything from my deposit if they aren't leasing it out again?

Guest101

kiss_me_now9 wrote: »

Thanks all

Firstly - I'm in England.

I have gone through our contract with a fine tooth comb and all it says about viewings is about the end of the tenancy, nothing written in it about selling the place. It says that 24 hour notice has to be given in writing by the agent (they're doing this by text - is that the same?) and that we have to be reasonable with allowing viewings to happen. I don't think being guilt tripped into doing evening viewings when I don't want to is reasonable, really.

The letting agents and the selling agents are the same company. To date I have had *no* contact with my landlord, by email or phone. It's all been handled by the agents.

I will be moving out in May - I'm probably going to have to move back in with my parents as I am no longer in a position to be able to afford my own place, and I'm on a fixed term contract with work.

I am not going to be refusing viewings - but I would like them to be reasonable with me about when they are and how they judge the place. I chose not to be in because I don't want to be sat on the sofa whilst people judge it against their personal spectrum, I wasn't expecting the agents to do the same!

Don't worry, the place will be spotless when it gets handed over. Though a side question would be - if the place is sold, and say, for instance, they were to end my tenancy early (very very very unlikely) - would they be able to reclaim anything from my deposit if they aren't leasing it out again?

If they ASKED you to end your tenancy early you can make any terms and conditions you want. Whether that's a straight up payment of £2,000 or a payment of £2,000 delivered by a zebra, wearing a pink tutu, riding inside a stretched hummer.

G_M

kiss_me_now9 wrote: »

Thanks all


I am not going to be refusing viewings - but I would like them to be reasonable with me about when they are and how they judge the place.
Make clear in a LETTER what you consider to be reasonable and what you will agree to.
........

... - if the place is sold, and say, for instance, they were to end my tenancy early (very very very unlikely) - would they be able to reclaim anything from my deposit if they aren't leasing it out again?

No they can't 'end your tenancy early' (at least not at least unless you agree).

The Landlord (whether that be your current LL or a new owner/LL) can make deductions from your deposit if you do not leave the property in the same condiion as when you moved in (less wear and tear).

It is irrelevant
* whether the LL plans to let again
* whether the LL intends to live there
* whether the LL plans to spend the money deducted repairing/cleaning whatever was wrong

It is up to the LL what to do with the money deducted, provided the deduction was justified.

dancingfairy

Decide clearly what you do and don't want. If you don't want viewings in the evening, then that seems fairly reasonable. Put it in writing and make it very clear what you are and aren't allowing. Send 1 copy to agents, 1 to landlord and keep a copy.
If the landlords/letting agents start being silly, I would write a stronger letter, reminding them that you are under no obligation to have people look around your house and that you want quiet enjoyment of your house. Reiterate viewings at x,y,z times.
If all else fails good how to change the barrel of the lock.
They could in theory take you to court and it would be for a judge to decide whether your right to quiet enjoyment of the flat or their right for access was more important. Frankly with the time and cost involved the letting agents/landlords are unlikely to bother and also I really can't see a judge siding with the letting agents/landlord, particularly if you are trying your best to be reasonable.
It's your house, you are paying good money for it and have a certain right to peace and quiet. Don't let the letting agents/landlord tell you otherwise or bully you into anything.
df