Just moved in - Landlord wants to sell

jaffy1229

Thanks everyone for all the advice. its been very helpful. I just emailed the letting agent and told them I am refusing all viewings. They probably won't like it, but I am going to stand my ground.

Nasqueron

anotheruser wrote: »

Proof of postage is not proof of receipt.

Emailing a PDF or these days, Word Documents is much better as it can be traced (if on the odd chance it comes to that!).
While Word Documents can be changed, this will show in the properties of the document. PDFs are more difficult to change but then the signature of the file would be wrong.

Either way, protecting yourself with Royal Mail is like an umbrella with holes in the top for wind.

It's not proof of delivery but as signed for can be refused (which gives you no proof of anything) for most matters, a letter is considered delivered 2 delivery days after posting (for first class) - it is difficult to prove you didn't receive a letter (as you could just chuck away something you didn't want to receive and then claim not to have had it)

jaffy1229

I have just read the tenancy agreement and there is a clause in it referring to inspections and access. It says to permit the landlord access or agent giving 24 hours notice, for the purpose of inspection, repair or access to view the property with a prospective tenant or purchaser.

If I refuse access, can they still turn up? What are my legal rights now?

benjus

anotheruser wrote: »

Proof of postage is not proof of receipt.

If the matter were to get as far as court, the court would accept proof of postage and assume delivery 2 working days after postage, unless the recipient has evidence to the contrary.

Proof of receipt is great if you can get it, but anyone expecting to get something unwelcome in the post may decide not to accept any signed-for post, in which case it would be useless in court as there would be evidence it had not been delivered.

SeduLOUs

I'm sure that you are willing to accommodate reasonable requests to inspect the property or to repair it, but as the tenancy has only just begun it is not reasonable for you to have strangers tramping through your home with a view to buying it. The landlord does have a right to 'reasonable' access to make repairs for which he is responsible, but still needs to ask for permission and give at least 24 hours notice.

You have a legal right to quiet enjoyment and it cannot be overridden by a term a landlord decides to insert into a tenancy agreement.

The only time a landlord can enter without permission is in an emergency - i.e. a fire or a flood.

If he lets himself in without permission or continues to pester you about allowing viewings when you have explicitly stated that you do not permit them then this would become harassment.

pinkshoes

jaffy1229 wrote: »

I have just read the tenancy agreement and there is a clause in it referring to inspections and access. It says to permit the landlord access or agent giving 24 hours notice, for the purpose of inspection, repair or access to view the property with a prospective tenant or purchaser.

If I refuse access, can they still turn up? What are my legal rights now?

I am pretty sure that your legal right to quiet enjoyment overrides these terms.

Are you going to be in to refuse entry? Or have you changed the barrell in the lock? (Keep the old one to change back)

Dont forget to leave a "dear landlord" letter on the table, with a clear bullet point list in. Big writing of everything wrong with the property, including dodgy electrics, infestation problem, ghastly neighbours, rising damp etc...

jaffy1229

SeduLOUs wrote: »

I'm sure that you are willing to accommodate reasonable requests to inspect the property or to repair it, but as the tenancy has only just begun it is not reasonable for you to have strangers tramping through your home with a view to buying it. The landlord does have a right to 'reasonable' access to make repairs for which he is responsible, but still needs to ask for permission and give at least 24 hours notice.

You have a legal right to quiet enjoyment and it cannot be overridden by a term a landlord decides to insert into a tenancy agreement.

The only time a landlord can enter without permission is in an emergency - i.e. a fire or a flood.

If he lets himself in without permission or continues to pester you about allowing viewings when you have explicitly stated that you do not permit them then this would become harassment.

Thanks for clarifying.

SeduLOUs

jaffy1229 wrote: »

Thanks for clarifying.

Not a good start to the rental period though is it

Hopefully they'll realise that you taking a stand is a 'problem' for them and they'll want you out ASAP.

They can't get you out without your agreement though, so perhaps they will have to pay you a nice sum to give you the incentive to agree to go and you can wash your hands of the whole mess.

Good luck.

anselld

anotheruser wrote: »

Proof of postage is not proof of receipt.

Emailing a PDF or these days, Word Documents is much better as it can be traced (if on the odd chance it comes to that!).
While Word Documents can be changed, this will show in the properties of the document. PDFs are more difficult to change but then the signature of the file would be wrong.

Either way, protecting yourself with Royal Mail is like an umbrella with holes in the top for wind.

Incorrect.

The service of notices by first class post is always accepted by the Courts. Service by electronic means is only accepted if the recipient has previously agreed to acceptance by that means in the contract, etc.

http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_06a

fairy_lights

How's it going OP, have you had viewers turning up this morning or have the agent paid attention to your email?