LL Selling Property - Advice Appreciated

Rainy-Days

I wonder if someone can me. My closet friend is in a private rental property. She got it in July last year for a secured six months. The place was disgusting when she moved in and it was a huge task to clean the place up. The windows were the worst I have ever seen - thick muck!

The tenancy went to month by month at the end of January this year. The Landlord sent her a text to say he was bringing estate agents round next week to put the property up for sale. She is okay about this.

he then phoned her last night and said 'your furniture, because it it's so nice the estate agents will be wanting to use it in the photos and for publishing online'. Well, she said no I cannot agree to this. So he then said "we'll discuss it next week".

She phoned me in a panic and said that she think he is using her stuff, the fact that she got this filthy house cleaned up in order to sell the place. She is adamant that he is not using her furniture and personal effects for the estate agents. She has said to him the agents can take pictures but that her effects are either covered over or removed from the room when the photos are taken.

She has had enough anyway and is moving out sharpish but in the meantime - for the next month how does she go on? What are her legal rights. I have advised her that he has no right to use her furniture to effectively 'show case' the house for sale. Is this right?

Also what are the rights for the next month with regard to viewings?

mrginge

Personally I would refuse point blank to cooperate in any way

stator

Personally I think she is being silly. Who cares if her furniture is in some photos?
She might be able to refuse access altogether, but expecting them to take photos without her furniture in it is quite ridiculous. If she refuses altogether she might find herself evicted more quickly.

Rainy-Days

I don't believe that she can refuse, she is no longer in a secured tenancy and when she phoned the EA who arranged the letting, they advised her to wait until Monday but that she has to co-operate with any viewings.

I am stunned that he is telling her they will be using her effects! The furniture belongs to her so surely she has the right to request that none of her effects are in the particulars for sale. Also what happens with regard to viewings surely he can't ring up each day and say 'someone is viewing tonight'?

She is not refusing in any way - she is refusing to allow him to use her effects to show case the house for sale.

I think the key point here is that she is out of a STA - it seems he can do as he pleases.

G_M

The history is irrelevant (so far as this matter is concerned). The state when she moved in, the reasons the LL may or may not have had for letting - ignore.

Personally I don't see the problem with allowing the EA to photograph her things, plus it's a lot easier for all concerned than moving the furniture out of each room for photos and then back in again! What is her concern regardig the furniture? That strangers on the internet may 'judge' he for her choice of furniture? That burglars may target the property after seeing the designer furniture....?

However, if she wishes to make this an issue, she can.

Her choices really are to either
* cooperate, be friendly & helpful, and in return it is more likely the LL will give her leaway if/when she finds somewhere to move to in terms of her notice period, references etc

* refuse, be awkward about viewings, deny access for photographs etc, and expect a bad reference, a s21 Notice forcing her out perhaps before she is ready, or have the LL insist she gives the 'proper' notice period herself even if her 'new' landlord, when she finds somewhere, wants her to take up a tenancy in a week's time.


The state of the property when she moved in only becomes relevant if on moving out there is disagreement over damage, cleaning etc at the end of the tenancy.

Rainy-Days

Okay - thanks G_M thats helpful. She is not being awkward at all, it's just the way he phoned her saying they wanted to use her stuff to market the property.

The thing is, I get totally where she is coming from on that. She is not being difficult at all, the only sticking issue is having these photos of her effects.

I said to her she might have to tolerate it for a month - allot of viewings and alterations to her peace. I think it's a bit of a shocker to her system TBH.

Is he likely to give her a bad reference for asking that her belongings are removed from the picture? She has - from what I gather - been a model tenant. It would seem unfair for him to do that.

Rainy-Days

Sorry, she has just mentioned to me right now on the phone, that he sent her this text saying he is coming on Monday (no negotiation with her as to whether this was okay or not) and that he would be bringing two estate agents with him.

He told her what time they would be coming. She agreed to it and has not been obstinate in any way. He is telling her and expecting her to capitulate! I just don't think this is right at all.

Old_Git

Rainy-Days wrote: »

Okay - thanks G_M thats helpful. She is not being awkward at all, it's just the way he phoned her saying they wanted to use her stuff to market the property.

The thing is, I get totally where she is coming from on that. She is not being difficult at all, the only sticking issue is having these photos of her effects.

I said to her she might have to tolerate it for a month - allot of viewings and alterations to her peace. I think it's a bit of a shocker to her system TBH.

Is he likely to give her a bad reference for asking that her belongings are removed from the picture? She has - from what I gather - been a model tenant. It would seem unfair for him to do that.

what "effects" do you mean .Is in personal photos or her undies on the washing line . I mean a sofa is a sofa, a bed is a bed what does she not want in the photos .

Bossypants

Is there any room for compromise here, i.e. could she maybe just remove/ask them to help her remove smaller personal items, like photographs, but leave the bigger furniture where it is?

Rainy-Days

Old Git - it's the fact he told her they will be using her furniture to show-case the house that has royally racked her off. He sent her this text saying he was coming on Monday and seems to be calling all the shots and she is expected to roll over and accede to the demands.

Allot of the stuff has sentimental value to it, it belonged to her late parents and when she sold their home she asked the agent for no interior pictures other than kitchen and bathroom at the time. The house sold within the month. It's the fact she doesn't want her items published on the net I guess. She is a private person.

Rainy-Days

Bossypants wrote: »

Is there any room for compromise here, i.e. could she maybe just remove/ask them to help her remove smaller personal items, like photographs, but leave the bigger furniture where it is?

I think it goes allot deeper than that. If he hadn't of rang her up on Friday and said what he wanted I don't think it would have kicked her so hard. It's the way he said it and basically his attitude seems to be that he is using her in order to get the property sold.

I have to be fair here it's all a one street running in his direction. He said when they are all turning up, he is saying we will be using her stuff and frankly, from the gist of the phone call he is being arrogant. Would I like it myself - no I don't think I would, if someone rang me up saying that I wouldn't be very happy. She has done nothing wrong and the only thing she is asking for is that her effects will be pushed to other ends and photos are taken of what appears to be an empty room. I don't think anybody can take umbridge with her on that.

He also seems to be under the impression that he is doing all the viewings and that he will give her four hours notice on it.