LL Selling Property - Advice Appreciated

Murphybear

Hi

First of all whoever said that her rights are not affected when changing from six month contract to periodic is correct.

Secondly the landlord has no rights to come round with prospective buyers without the tenant's consent. Selling the property makes no difference.

When someone buys a tenanted property they "buy" the tenant so to speak so the new owner would have to give them notice. Selling tenanted properties can be a complete minefield unless to another landlord.

If I were the tenant I would offer complete co-operation and reasonable access to the EA (great emphasis on the reasonable). In exchange for this I would expect a hefty reduction in the rent for the period of the sale. Given that she has already decided to move out then this course of action will give her some extra funds.

This usually works.

Rainy-Days

Firstly, I have never been in a rental property and this is the first time she has been, I came on here to ask advice and by and large-particularly with G_M others have been decent.

If this is the first time this has happened to you and you don't know how you stand legally, you ask, you find out. That is what I have done for her. I said I would do this and I have done. I don't understand your vitriol at all and why you are being so spiteful? There is just no need for this at all! These are legitimate questions that I am asking.

He contacted her on Friday (yesterday) at 4.15pm by text saying he was turning up on Monday morning. She has a dog - that is agreed with him by the way - he said he wanted the dog out of the way. That was fine, and she understood that, but there was no negotiation on this, she does not have somebody to be able to have the dog for a few hours and she cannot take him to work, she has to take the time off instead. He knew this. She asked him at the time if it could be done at an evening or in the lunch hour where she could work around it - he said "no".

That is, I consider, is unreasonable.

AdrianC wrote: »

He's given her what sounds like a week of notice of the EAs coming round.

You claim that he has given her a weeks notice - where on earth did I say this? He texted her yesterday to come on Monday. Okay we have today and tomorrow in the mix, but that is certainly not one week and to be fair the EA who let her the property said they had suggested to him they could come on Saturday, but he refused!

The issue is not him selling the property, it is not even her having to find somewhere else, it is what he doing in order to get the house marketed and sold, whilst she pays £1k per month in rent.

She is not being obstreperous at all, he can have as many pictures as he likes, she has asked the reasonable question does he have a right to do this and does he have a given right to make demands that photos of her furniture and effects are taken? I don't know so I have asked.

I have also asked is it reasonable for him to say that the EA's will give her a few hours notice - even on the same day - in order that viewings can be undertaken.

I simply do not understand your stance at all.

AdrianC wrote: »

He isn't being unreasonable here. He's made her aware that the place is on the market - she's agreed to viewings. He's given her what sounds like a week of notice of the EAs coming round. She does not have to be present, so she does not have to take time off work. In fact, it would make everybody's life (including hers) easier if she isn't present. She has no input to the sale process, and she has no stake in it.

The place is not on the market yet and she has given no indication that she will agree to viewings - however she will agree to viewings in order to be decent, but in return she will discuss with him a reduction in the rent and if he does not agree then she will issue notice to quit. There is also a timing issue with him thinking he can turn up at her home with only a maximum handful of hours notice and expect her to allow people access. She is paying for this house. G_M is right this has to be done fairly and one of the EA's is utterly on her side on this.

AdrianC wrote: »

Your friend, frankly, is sounding like a fruitloop.

Actually you are very wrong, she is utterly kind and quite level headed, but the LL has been difficult at times. She has kept the peace many times over different things. The LL believes that he can phone and text her; as evidenced here, give her little leeway and zero negotiation and she has to capitulate. That is wrong. Whatever the legal parameters of this are, it is wrong.

Monday will be the key day, she will either hand him notice to quit or he starts being reasonable. The choice is her's of course, but either way she will come out better for it.

G_M

Murphybear wrote: »

Hi

First of all whoever said that her rights are not affected when changing from six month contract to periodic is correct.
Yes (except eviction is quicker)

Secondly the landlord has no rights to come round with prospective buyers without the tenant's consent. Selling the property makes no difference.
.

Probably not. The tenant probably gave contractual consent when they signed the tenancy agreement, depending on what it says.
* This may be overruled by the common law right to 'Quiet Enjoyment', but a few reasonable viewings would not conflict with QE.
* the courts would have to enforce LL access though if the tenant made an issue of it.

AdrianC

Rainy-Days wrote: »

I don't understand your vitriol at all and why you are being so spiteful?

There is no vitriol or spite. I just think you - and your friend - are being unreasonable.

These are legitimate questions that I am asking.

Yes, they are. And I'm giving reasonable answers.

She has a dog - that is agreed with him by the way - he said he wanted the dog out of the way. That was fine, and she understood that, but there was no negotiation on this, she does not have somebody to be able to have the dog for a few hours and she cannot take him to work, she has to take the time off instead.

Ah, OK. That makes sense - but you didn't mention that before.

She asked him at the time if it could be done at an evening or in the lunch hour where she could work around it - he said "no".

That is, I consider, is unreasonable.

Have you considered that the EAs are being asked to work outside of their normal hours?

You claim that he has given her a weeks notice - where on earth did I say this?

From your original post, yesterday (Saturday) lunchtime...

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... (Friday)

So, clearly, that original contact and forewarning - no, no times were given - was days in advance of Friday. As I said - "what sounds like a week".

He texted her yesterday to come on Monday.

In your original post, you said it was Friday 4.15pm.

She is not being obstreperous at all, he can have as many pictures as he likes, she has asked the reasonable question does he have a right to do this and does he have a given right to make demands that photos of her furniture and effects are taken?

I repeat - again - how do you/she expect photos to be taken that DON'T include her furniture and effects?

but in return she will discuss with him a reduction in the rent

A small reduction is reasonable. A reduction of "at least half" is not reasonable.

and one of the EA's is utterly on her side on this.

One EA is willing and able to do Saturday. Maybe the others aren't, and he's trying to minimise the number of visits?

Monday will be the key day, she will either hand him notice to quit or he starts being reasonable.

Reasonableness is two-way. As is notice.

Actually you are very wrong, she is utterly kind and quite level headed,

There are two issues being conflated here.

One is access for viewings. The dog makes matters a bit trickier on that, but as G_M says, she needs to see what she's already agreed to in her contract. Viewings during working hours are not, generally, unreasonable, but clearly the dog makes matters trickier for her. That is something that both she and the LL need to carefully consider, and need to come to an agreement on. But, as I said above, this is a pertinent fact that you've only just told us.

The other is the furniture being in EA photos. That is what I was referring to as unreasonable. Expecting her rent to be halved is also unreasonable.