Tenant's rights when property being sold

cloo

Yes, I'd worry that viewings have been happening during the day. LL clearly trying to have cake and eat it and probably with a very poor idea of doing things right when/if they do sell the property.

If they do sell it, OP, I'd advise your friend to keep an eagle eye out for whether the LL makes any errors when they give notice, as I'd say there's a high chance they will do it incorrectly.

gingercordial

Does the advert give any indication of who it is being marketed to?

If it mentions investors or cash buyers that would at least be a sign that the current landlord just expects another landlord to buy it as a business with a tenant, in which case nothing changes for your friend except the name of her landlord. It wouldn't completely remove the worry that she might be asked to leave but it might help somewhat.

If it's being marketed as perfect for first time buyers, families or the like, that would indicate they're planning on evicting her. Whether or not and when this is possible depends on her tenancy agreement (after six years is she on rolling or has she continued to get new fixed periods?) and the landlord doing things correctly. It would worry me much more.

Either way the issues about the unauthorised entry, photos, viewings etc all stand.

Ronaldo_Mconaldo

With the house already up for sale then if your friend goes in all guns blazing then she'll find that she'll be getting the boot very soon. Tell her to start looking for a new place to live because it sounds like he'll be wanting rid of her soon anyway. Focus her fury into that.

davidmcn

HouseBuyer77 wrote: »

So I'd suggest contacting the agent and saying by putting these photos online they are in violation of the data protection act and if they are not removed immediately you will be making a complaint to the ICO (no idea if it actually is a violation of the DPA, you may be able to claim knowledge of your specific belongings is 'personal data' *).

I doubt very much that a tenant possesses personal data in such photographs. Don't think they have any legal right to demand photos aren't published.

You could also try contacting RightMove directly and ask them to remove the photographs for similar reasons.

Rightmove won't know the OP from Adam and even if they did are unlikely to get involved in what is essentially a landlord/tenant dispute.

Brighty

Get your friend to ring the estate agent and book themselves a viewing for a time they're usually at work, see what happens

aneary

Just change the locks this will force the LL to approach her and discuss things.

She can then refuse viewings and be a real pain if the LL starts demanding anything.

Marvel1

Brighty wrote: »

Get your friend to ring the estate agent and book themselves a viewing for a time they're usually at work, see what happens

Wouldn't it be better if this was the OP.

Fosterdog

cjdavies wrote: »

Wouldn't it be better if this was the OP.

Even better to arrange it for OP to turn up for a viewing and the tenant happens to come home during the viewing and goes nuts about the strangers in her home. “Who are you?” “What are you doing in my house?” “How did you get in?” “I’m calling the police” I bet the look on EAs face will be priceless.

HouseBuyer77

davidmcn wrote: »

I doubt very much that a tenant possesses personal data in such photographs. Don't think they have any legal right to demand photos aren't published.

Rightmove won't know the OP from Adam and even if they did are unlikely to get involved in what is essentially a landlord/tenant dispute.

I agree it's a stretch but if the OP wants the pictures removed these are the avenues to explore.

As for whether they count as personal data I'd say it's tricky. Imagine the OP had some leaflets on the coffee table from the doctor indicating they were suffering from a particular condition and they wanted to keep that private (rightmove at least indicates the rough position of the house so someone could use the photos to link to an individual) or maybe some other literature indicating they belonged to a particular group or organisation they wanted to keep private.

hazyjo

Brighty wrote: »

Get your friend to ring the estate agent and book themselves a viewing for a time they're usually at work, see what happens

Definitely. Was going to suggest it (although get another friend to do it and actually go along to the viewing).


They need to get all their ducks lined up, then go in with guns blazing. Don't give them any way of wangling out of it saying nobody's had any viewings yet. Get the ammunition loaded first.


Jx