Landlord selling flat mid-tenancy: refusing viewing access?

Pixie5740

Bluebirdman_of_Alcathays wrote: »

Huh? A buyer buys it with the tenants in place.

It hasn't been advertised as having tenants in-situ or for investment buyers only. If someone is trying to purchase this with a residential mortgage then vacant possession will be a condition of the sale. The OP's landlord would need to be a total goon to complete without being able to guarantee vacant possession in those circumstances.

oceanscape

Bluebirdman_of_Alcathays wrote: »

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.

I agreed to it naiively thinking it would at least be during the last month of the term, not that it would be causing us disruption for months on end. We are also entitled to exclusive possession and "quiet enjoyment" so regardless of what the tenancy agreement actually says we have an argument to make.

Lioness_Twinkletoes

I think the suggestion is that you have signed an agreement and have to allow reasonable access. Therefore, you need to arrange this. I'd certainly be asking for the keys back, given that you've probably invalidated your home contents insurance and the property was left insecure.


You might not be happy with this, but you have little choice.

Guest101

oceanscape wrote: »

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?

No I'm suggesting you give reasonable times for access. You said no, so that is the alternative

m0bov

When you view properties is common for the vendor to be present or have "open days". I would suggest an open day on a saturday and get it over with in one day.

mercexe

Refuse all viewings; ignore the agent's emails/phone calls.


What's the landlord going to do? He could try and take you to court but it would take weeks/months, be very expensive and in any event he does not have a cast iron case because even if the tenancy agreement does say you have to give reasonable access for viewings you are nevertheless entitled to quiet enjoyment and there has been previous case law that is in your favour.


In my opinion you are entitled to enjoy the property you are paying for; it's one thing to ask you to help facilitate viewings in the last month or two of your tenancy and another altogether to expect you to run viewings only 4 months in to your 1 year tenancy, potentially inconviencing you considerably for the next 6-8 months.

getmore4less

Does the selling agent know you are there for another 8 months?

I would be flexible for a couple of viewing and be there to see what sort of people they are targeting.

if they are aiming at investors you may have a new landlord soon

steampowered

Personally, I would let the letting agent access the property. But I tell them when they are not allowed to access, and also would tell them the property must be left secure and tidy or access will be withdrawn.

It is pretty unlikely that things would be stolen to be honest.

If you are genuinely not happy with that, then you will have to tell the letting agent times when viewings will be allowed when you are in the property. It won't ruin your weekends if for example you say that viewings can only be arranged 10-12 on Saturday mornings.

societys_child

I agreed to it naiively thinking it would at least be during the last month of the term,

Doesn't matter what you thought, what matters is, you agreed access when you signed the legal document.

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"

"Unfortunately" that's what you agreed.

lynz68

Whilst I think it's a bit cheeky for your landlord to put the property up for sale only 4 months into your tenancy I think you need to be a bit more flexible with viewing times.

If it was me I would make sure I was there for the few at least and introduce yourself as the tenant. That will put off the ordinary residential buyer. I would also let the agent know you're aware it isn't advertised as having a tenant and ask what they are going to do as you have a 12 month contract.