Landlord selling flat mid-tenancy: refusing viewing access?

Guest101

mercexe wrote: »

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


What's the landlord going to do? He could try and take you to court but it would take weeks/months - and cost several hundred pounds and possibly cost the tenant to be evicted (unlikely but possible), 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. - Courts often find a balance, which is what most posters are suggesting, why cost the tenant several hundred pounds to do the same?


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.

The LL is perfectly entitled to liquidate his or her assets, the point is about being reasonable.

csgohan4

Allow viewings but leave your tenancy agreement in plain sight and even mention your renting the place for x amount period.

What goes around comes around

davomcdave

steampowered wrote: »

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

Phew. I would never let a stranger into my house unless there was a guarantee that at a minimum it was rather unlikely anything would be stolen.

How can the OP use your 'pretty unlikely' guarantee? Have you put money into escrow or something else?

@OP - If the LL wants something from you what do you get out of it? I'd ask for money or no deal. If the LL thinks that the contract allows him/her to show the house to prospective buyers then let the court decide. I was in a similar situation and the LL ended up backing down as I called the police after an unauthorised viewing.

Guest101

davomcdave wrote: »

Phew. I would never let a stranger into my house unless there was a guarantee that at a minimum it was rather unlikely anything would be stolen.

How can the OP use your 'pretty unlikely' guarantee? Have you put money into escrow or something else?

@OP - If the LL wants something from you what do you get out of it? I'd ask for money or no deal. If the LL thinks that the contract allows him/her to show the house to prospective buyers then let the court decide. I was in a similar situation and the LL ended up backing down as I called the police after an unauthorised viewing.

The Op doesn't get sued.....


You called the police??!! - what for??

Miss_Samantha

oceanscape wrote: »

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".

Well, you have your answer, then.

oceanscape

Guest101 wrote: »

You called the police??!! - what for??

Are you joking? You wouldn't call the police if someone entered your house without your permission? I think some people are forgetting that whilst we may be "mere tenants" we are still entitled to exclusive possession and quiet enjoyment.

Guest101

oceanscape wrote: »

Are you joking? You wouldn't call the police if someone entered your house without your permission? I think some people are forgetting that whilst we may be "mere tenants" we are still entitled to exclusive possession and quiet enjoyment.

1. I'm a tenant and actively promote tenant rights on this forum (just look at my post history)
2. Not if it's the LL. There's no crime committed.
3. Chances are you gave permission via your tenancy agreement (which you did)

Out,_Vile_Jelly

It is reasonable for prospective buyers to be shown round the property, at times agreed with decent notice. It is reasonable for this to be done in a professional manner; ie the property left clean and secure.

Write to the LL explaining that you have allowed access, but that mess has been made and doors left open. State that you are willing for viewings to be made for, example, two days per week, with a minimum of 24 hours notice made. If the same problems occur again you will withdraw access.

Until you've been a tenant with an agent desperate to make a sale you have no idea how annoying it can be; there is rarely much notice, they come back unannounced half an hour after leaving with someone else, doors are left unlocked and lights left on. If agents were more professional about this there would be less resistance from tenants.

oceanscape

Guest101 wrote: »

1. I'm a tenant and actively promote tenant rights on this forum (just look at my post history)
2. Not if it's the LL. There's no crime committed.
3. Chances are you gave permission via your tenancy agreement (which you did)

Then you should dust up on your understanding; the landlord has NO RIGHT to enter without permission unless there is an emergency.

Miss_Samantha

oceanscape wrote: »

Then you should dust up on your understanding; the landlord has NO RIGHT to enter without permission unless there is an emergency.

But of course, the tenancy agreement grants permission in specific cases, provided a specific procedure is followed, as mentioned in the post you replied to.

I think your understanding is incomplete.