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Landlord selling house

edited 30 November -1 at 1:00AM in House Buying, Renting & Selling
49 replies 3.9K views
Kim.wigleyKim.wigley Forumite
33 posts
edited 30 November -1 at 1:00AM in House Buying, Renting & Selling
We moved 200 miles ago in April. Put our house on the market, signed a 6 month tenancy. We’ve had 2 house sales fall through and are now letting our property and staying in rented.

The landlords agent wanted to do another 6 months in September, at which point we thought we would be buying a house here so have been honest (and were honest the entire way through) of our intentions. Now the house sale has fallen through, I’ve asked their intention so we know if we need to find somewhere to live or can we sign for another 6 months. Agent said she would contact landlord and expects she’ll want us to stay - this was last Tuesday. They’ve told us today that they put the house on the market(it went online Friday), and have someone wanting to view. They’re trying to keep us sweet, I think, by saying it’s so unlikely we’ll get notice this month (because that means moving 3 days before Christmas), as it’s unlikely to sell quickly.

The viewer wants to come any evening next week between 5.30 and 5.45. I get home with my children about that time, it’s ridicilously inconvenient and quite frankly - I’m not sure I have any incentive to do the landlord a favour by allowing viewings. Am I within my rights to refuse? Someone must be home for a viewing because we have a dog that would get quite upset with strangers in his house unaccompanied!
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Replies

  • edited 9 October 2018 at 9:31PM
    frankleefranklee Forumite
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    edited 9 October 2018 at 9:31PM
    What does your tenancy agreement say about viewings? If it says viewings in the last month or two of the tenancy then the viewing is in breach of that as you haven't been served notice so are not in the last month.

    If it says viewings for a sale (as opposed to inspect the state of repair) without restrictions apart from 24 hours notice then you can refuse the viewing but you would be in breach of the tenancy agreement.

    Usually some compromise is the recommended way to go. I do sympathise as viewings are a hassle and of no benefit to you.

    If you think the landlord/agent will use their key to go in against your express wishes then time to swap the locks.
  • Hutch100ukHutch100uk Forumite
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    You don't HAVE to allow access even though it states this in your lease. Worse case scenario is that they decide just to serve you notice anyway if you're being awkward about viewings. You have to decide whether you want to risk that.
  • I’ve checked the tenancy - it states 24 hours prior notice in writing and at a reasonable time, in cases where the landlord has served written notice of his intention to sell or within the last 2 months of the tenancy.

    We’ve had no written notice of their intention to sell - only a phone call. And that time in the evening is categorically not convenient (very tired 2 and 5 yr olds to herd into the bath and then bed!). I’m worried they expect me to vacate the property for the viewing, too.

    The letting agent messed up our deposit early on too - she didn’t allocate it to our account and I received an email from the deposit protection scheme to say no money had been paid in. She rectified it then, more than 2 months after we had moved in.

    I am aware I’m being awkward - I’m pretty miffed that they’re wanting to turf us out of our home with as little warning as possible, but if they don’t sell we may be able to stay. I’m not incentivised in any way to help!!
  • frankleefranklee Forumite
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    Right so they need to meet their own terms first.

    You DO NOT have to vacate during the viewing, it's your home so you continue your routines as normal!

    PS: When notice is served (as it will eventually be) use this excellent document to see if they have messed up:

    https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf
  • I can’t work out if our deposit was protected.

    We paid the money on 23/04, she paid into the DPS with the reference “number/street name”, and set up an account file. She didn’t allocate the money to our account so DPS emailed me on 02/07 to say they hadn’t received a deposit so would be closing the file - letting agent sorted it on 03/07 and showed me the allocation tool to assure me the money had been paid in.

    Am I right to assume it WASNT protected, because she could probably have withdrawn an unallocated sum even though the intention was to protect it?
  • frankleefranklee Forumite
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    It may be protected but it sounds like it was late. You should have been given prescribed information that tells you how the deposit scheme it's in works etc. Both these issues mean a S21 notice might not be valid (see above document for details).

    I would go into the DPS website and see if it's there:

    https://myaccount.depositprotection.com/#tenancy/checkDepositStatus
  • G_MG_M Forumite
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    Kim.wigley wrote: »
    I can’t work out if our deposit was protected.

    We paid the money on 23/04, she paid into the DPS with the reference “number/street name”, and set up an account file. She didn’t allocate the money to our account so DPS emailed me on 02/07 to say they hadn’t received a deposit so would be closing the file - letting agent sorted it on 03/07 and showed me the allocation tool to assure me the money had been paid in.

    Am I right to assume it WASNT protected, because she could probably have withdrawn an unallocated sum even though the intention was to protect it?
    Well by the sound of it it certainly wasn't protected within the 30 day time limit - so you can claim the penalty for late protection.


    Whether it is now protected sems unclear - check the schemes (all of them). It will either be there or it won't. Don't rely on what the LL/agent tells you - check for yourself.


    * Deposits: payment, protection and return
    ** If I include a blue link in my post, click and read it before posting a follow-up question. The answer may be in the link! **
  • df7OZU

    Does this likely make us un-evictable? At least, easily!
  • G_MG_M Forumite
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    Kim.wigley wrote: »
    df7OZU

    Does this likely make us un-evictable? At least, easily!
    Have you been through the checklist franklee gave you above?
    ** If I include a blue link in my post, click and read it before posting a follow-up question. The answer may be in the link! **
  • Yes, the only thing they’ve currently done wrong (we haven’t been issued a s21 yet because the landlord doesn’t want a void period and will only give us notice when she’s ready to exchange....), is to not protect our deposit within 30 days.

    I don’t think the picture has come through, it was a screenshot of the DPS certificate, showing tenancy began 23/04 and deposit protected 05/07. I can find nothing about the allocation tool she spoke of so it may have been a bit of a story.
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