Landlord selling building, constant viewings for six months - what are our rights?

lycaenide

Good morning guys.

Just to give you some background: I moved into my current rented property with my partner (our first place together!) six months ago and our six month contract will be soon changing into a monthly rolling contract. Our property is managed by the estate agents rather than the landlords (who are in some nice hot country far away), and lets just say they aren't the best agents.

When we moved in, we were made aware that the landlords were selling the property (our building has a few flats in it), and so we expected some viewings. But the problem is that since we have moved in, we have been having constant viewings by the estate agents, every week or so, sometimes more. For six months solid. Sales have come and fallen through, but we have no idea on the current situation. The estate agents used to give us 'next day' notice, never a literal 24 hours mind you, but this was nevertheless acceptable. But now it is getting ridiculous, getting asked the 'morning of' with only a few hours notice. One time I came home to find a random family in our bedroom and it really freaked me out, as I had no idea there was a viewing going on because they'd just texted my partner and not me. My partner was at work, and the notice was so short he hadn't even had time to read the message and pass it on to me. With all these constant viewings, I don't feel like this is my home.

I understand that they need to sell the builing and that has nothing to do with our individual contracts, but seriously, viewings for six months solid and at such short notice? This is our home, and we are not in our notice period, are we still obliged to allow this? Is there anything I can do about this? Or anything I can quote at them to give us actual 24 hours notice / can I refuse them entry if they give me less?

Thanks for any help you can give!
Sarah

theartfullodger

What do your tenancies say about viewings for the purposes of selling?? There probably will be something about viewings for inspections but maybe not for selling. We need to know that 1st, please.

However you can probably simply refuse: The landlord (it is with him you have the contract, not the agent, yes I know the agent does everything..) would then have to get a court order to permit the next viewing by which time the purchaser will have run away & you likely received an s21 & be well on the way to eviction.

Simply selling the place does not end the tenancy nor require you to leave: Even if the purchasers are outside with a removal van, cars & screaming kids with nowhere to sleep that night...

Alternatively negotiate (with landlord, copy agent) & offer what is OK for you - say 1 viewing every 3rd Wednesday between 21:22 & 21:37, in exchange for 50% off the rent, or whatever..

In your shoes I would have changed the locks after 2 weeks, probably 1 week, keeping the old locks to put back when you leave. You don't have - for the viewers - to keep the place tidy and are not precluded from telling them what is wrong with the place - but the landlord might not be pleased.

HappyMJ

You don't have to allow access and especially not if you've not been given less than 24 hours written notice but you could be in breach of a term that may be in your tenancy agreement so the landlord could just give you a section 21 notice to get you out of the property.

The agency may or may not understand and may give you a good reference based on your payment history. The reference from you landlord is quite pointless if they don't live here in the country. No prospective landlord is going to ring an international number.

lycaenide

Thank you both, I will check my agreement to see what it says about selling the property, and report back.

Guest101

lycaenide wrote: »

Good morning guys.

Just to give you some background: I moved into my current rented property with my partner (our first place together!) six months ago and our six month contract will be soon changing into a monthly rolling contract. - Excellent. Our property is managed by the estate agents rather than the landlords (who are in some nice hot country far away), and lets just say they aren't the best agents. - Your contract is with the LL, not the agent.

When we moved in, we were made aware that the landlords were selling the property - Selling the flat or the whole building ? (our building has a few flats in it), and so we expected some viewings. But the problem is that since we have moved in, we have been having constant viewings by the estate agents, every week or so, sometimes more. - Have you complained? Have you changed the locks? For six months solid. Sales have come and fallen through, but we have no idea on the current situation. The estate agents used to give us 'next day' notice, never a literal 24 hours mind you, but this was nevertheless acceptable. But now it is getting ridiculous, getting asked the 'morning of' with only a few hours notice. - So say no. One time I came home to find a random family in our bedroom and it really freaked me out, as I had no idea there was a viewing going on because they'd just texted my partner and not me. - so change the locks. I would. My partner was at work, and the notice was so short he hadn't even had time to read the message and pass it on to me. With all these constant viewings, I don't feel like this is my home. - So change the locks.

I understand that they need to sell the builing and that has nothing to do with our individual contracts, - if they're selling the building, why is there a family there? Surely its a investment sale? but seriously, viewings for six months solid and at such short notice? This is our home, and we are not in our notice period, are we still obliged to allow this? - it's likely you were never obliged to. Is there anything I can do about this? Or anything I can quote at them to give us actual 24 hours notice / can I refuse them entry if they give me less? - You can refuse them full stop. It might go to court, but it might not.

Thanks for any help you can give!
Sarah

Change the locks, tell the agent to Foxtrot OScar - look for a new home.


(if a family is buying, you will be anyway!)

G_M

* you rent a flat in a building. What is being sold? The (lease of the) flat? Or the (freehold of the) building?

* what is the exact wording of the tenancy agreement regarding viewings?

* what did you write in your letter to the landlord (copied to the agent) about viewings? You have written a letter, yes? Why not?

* Always write - a letter. To the LL at the address on your tenancy agreement, with a copy to the agent (even if the address is the same). Say you are happy to cooperate with viewings provided..... and then list your conditions eg
- only x per week
- only after 24 hours notice
- only at times agreed with you in advance
- only at weekends/Tuesday afternoons/whatever

Change the locks so you can control who comes in when. Keep the old lock and replace it when your tenancy ends

Guest101

Just going to predict the responses:


you rent a flat in a building. What is being sold? The (lease of the) flat? Or the (freehold of the) building? The whole building, which is currently all tenanted with ASTs. (hence why it keeps falling through)

* what is the exact wording of the tenancy agreement regarding viewings? - To allow access for the purposes of inspection and for showing around future tenants when given 24 hrs notice. (I think agents will be too slow to add the selling clause)

* what did you write in your letter to the landlord (copied to the agent) about viewings? You have written a letter, yes? Why not? - Op has sent a text and calls to the agent.

m0bov

Change the locks, agree maybe one viewing a week at your convenience, expect an S21 at the end of the 6 months so don't do the LL any favours. They are being greedy by letting it out and trying to sell at the same time.
Agree some compo for the hassle, the LL is making money and is a business.

lycaenide

Thanks for the replies! To clarify, the landlord is selling the whole building. The new buyer may or may not let us stay. No I have not changed the locks, and that's not something I would do. No I have not written a letter about viewings, I am not particularly experienced in renting properties (which is why I have come on here to get some advice), so didn't know this was something I could do.

I looked at our agreement and found the following:

"To permit the landlord or any person authorised by the landlord may at reasonable times of the day on giving 24 hour notice (unless in the case of emergency) enter the property for the purpose of viewing, inspecting its condition and state of repair or for the purpose of repair or repainting."

"Throughout the tenancy to permit the landlord or any person authorised by the landlord at reasonable hours in daytime to enter and view the property with prospective tenants or purchasers."

Does that basically mean they can come whenever they want throughout the tenancy as long as they give 24 hours notice?

Thanks

Guest101

No. Because you could change the locks...

But you won't. So....

Money_maker

So why not? If I came home to find some random family in my bedroom then there would be a hell of a lot of noise and a change of locks pronto. What if something goes missing?