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Landlord selling flat mid-tenancy: refusing viewing access?

oceanscape
oceanscape Posts: 392 Forumite
edited 5 January 2017 at 12:53PM in House buying, renting & selling
We are 4-months into our 12-month tenancy.

The letting agent informed us the landlord is selling the flat and they have been pestering us day-in and day-out to give access for valuations and viewings.

Before Christmas my partner and I were both tied-up with work so I foolishly said the agents could use the spare keys for access whilst we were not there. We came back to the patio door left open and a muddy floor!

We both work full-time and I don't feel that we should waste our precious weekends dealing with viewings. I said I was happy for the letting agent to accompany the selling agents for viewings but they said they do not offer this service.


Can we refuse all viewings? Unfortunately the tenancy agreement, which is the agent's usual standard form, says that if the landlord chooses to sell or mortgage the flat we must "allow access for viewings on reasonable notice".


I appreciate any advice; we have enough stress in our lives at the moment without dealing with this too! We are paying £1850 per month and just don't have free time to attend to viewings.


ALSO, I found the flat on RightMove and it says nothing about it currently being subject to a tenancy agreement - is that not a bit weird?!
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    So just say they can do viewings on a reasonable basis.


    The letting agent accompanying the selling agent means diddly squat.


    "Monday Wednesday and Friday from 12-4, ensure the property is secure or I will change the locks." - Job done.
  • oceanscape
    oceanscape Posts: 392 Forumite
    Guest101 wrote: »
    So just say they can do viewings on a reasonable basis.


    The letting agent accompanying the selling agent means diddly squat.


    "Monday Wednesday and Friday from 12-4, ensure the property is secure or I will change the locks." - Job done.

    No, because I don't want them coming into the flat unattended, so why would I give specific times? We are only home late evenings and at weekends and I'm not ruining my weekends to deal with viewings. Not sure I agree with your comment about letting agent accompanying selling agent meaning diddly squat, if there are 2 people there then at least 1 of them is unlikely to steal or cause a mess if someone else is accompanying them.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    oceanscape wrote: »
    No, because I don't want them coming into the flat unattended - well take time off work then , so why would I give specific times? - the only people viewing will be other landlords We are only home late evenings and at weekends and I'm not ruining my weekends to deal with viewings. - so take time off work then Not sure I agree with your comment about letting agent accompanying selling agent meaning diddly squat - I don't care whether you agree or not, it's a fact , if there are 2 people there then at least 1 of them is unlikely to steal or cause a mess if someone else is accompanying them.



    Presumably there would be 2 people anyway the viewer and the agent....
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Well you have signed a tenancy agreement saying that you will allow access for viewings on reasonable notice. Does the TA specify what sort of viewings (to sell the property or at the end of your tenancy when prospective tenants are viewing it).

    You could refuse all viewings and change the barrels of the lock to prevent anyone else from getting inside the property. Your landlord could then take you to court and try to gain access via a court order (he may win, then again he may not). This would obviously ruin any relationship you have with the landlord but given that the advert on RightMove doesn't say the property has tenants in-situ it is unlikely he is trying to find an investment buyer meaning that you'll be out the property before any sale completes.
  • oceanscape
    oceanscape Posts: 392 Forumite
    Guest101 wrote: »
    Presumably there would be 2 people anyway the viewer and the agent....
    You're seriously suggesting we should take time off work to help our landlord sell the property we are paying him £1850/month to rent 4-months into the 12-month fixed-term tenancy we entered into?
  • oceanscape wrote: »
    No, because I don't want them coming into the flat unattended, so why would I give specific times? We are only home late evenings and at weekends and I'm not ruining my weekends to deal with viewings. Not sure I agree with your comment about letting agent accompanying selling agent meaning diddly squat, if there are 2 people there then at least 1 of them is unlikely to steal or cause a mess if someone else is accompanying them.
    Because you agreed to it! You are obliged to offer reasonable access as per the terms of your contract. You now want to renege on that. I'm sure you wouldn't be happy if the LL turned around one day and said - "I want you out, stuff the agreement we agreed to". This really is no different. A contract is binding on both parties, you need to come up with some reasonable access terms that are acceptable to the LL.
  • oceanscape
    oceanscape Posts: 392 Forumite
    Pixie5740 wrote: »
    but given that the advert on RightMove doesn't say the property has tenants in-situ it is unlikely he is trying to find an investment buyer meaning that you'll be out the property before any sale completes.
    What buyer would wait 8+ months to complete?
  • oceanscape wrote: »
    What buyer would wait 8+ months to complete?
    Huh? A buyer buys it with the tenants in place.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    oceanscape wrote: »
    What buyer would wait 8+ months to complete?

    Yours would not be the first landlord to try to have his cake and eat it. (Have you paying rent up to the last possible moment before completing.) He might not know how long it would (legally) take to evict you.
  • oceanscape
    oceanscape Posts: 392 Forumite
    Huh? A buyer buys it with the tenants in place.
    I was responding to Pixie5740 who said "you'll be out the property before any sale completes."
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