quick question!

Doozergirl

Notlob wrote: »

That’s a bit of a contradiction. If the contract allows for you to permit viewings then that is your obligation.

LL's put all sorts of unfair/legally unenforcable clauses in ASTs. Just because it is there, it doesn't necessarily mean it doesn't breach a tenants standard rights. I think the view of many people would be that being forced to carry out viewings does breach the tenants right to quiet enjoyment. In my very legal mind, it's not quiet and it's not enjoyable

guppy

Notlob wrote: »

That’s a bit of a contradiction.

Exactly. And the common law right to exclusive possession and quiet enjoyment overrides ropey contracts every time.

The right to quiet enjoyment and to exclude others is the essence of a tenancy. If you don't have these rights, you probably don't have a tenancy.

CYBERCIDERSAVER

clutton wrote: »

being spiteful is not nice - and several posters seem to be gleefully suggesting spite here. you legal rights are for "quiet enjoyment" as others have said, which means no one can come in without your permission, irrespective of what it says in your tenancy agreement. just say "no thanks - its not convenient" and leave it at that.

Being spiteful is not nice you are right. But some people are just too good natured that they get walked all over. I allowed a viewing and was just about to leave for work when the EA said they had another couple at the office and could they come to view then and there! like an idiot i said yes and it made ME late for work!!!

As I always say Make the Estate agents work for their money!!!

pesky_princess

thanks for all the advice everyone gave me.... i rang the agent today to cancel the appointment, explaing that i had been thinking and am not happy about photos being taken in the house etc, and that the house would be empty soon so there would be plenty of opportunity then!
They want to arrange for somone to come and take measurements of the rooms but i said i would get back to them!
I might just drag it out till i am gone, they will have an empty house to play with soon!
I have since discovered i am on a rolling tenancy, as i never got sent a new tenancy after a 6 month one expired so i am doubly happy! am giving notice this month to be out by next month! I got the keys to my new house yesterday, so now i don't have to pay for 2 houses for as long! :T
thanks again for all the advice! :j

andyyorks

CYBERCIDERSAVER wrote: »

How about only letting him take photos of the interior bedrooms so long as it looks empty. i.e. move any furniture from the shot. will make people think BTL LL who's desperate to sell. That's what I think everytime I see an empty house for sale. Put's the seller in a weak negotiating position.

also If he wants to seel why not open a dialogue with LL about leaving early and get out of paying for the february rent as you won't be there.

Just a thought.

I'm with Cyber on this one, I'd be using your right to peaceful enjoyment as a bargaining tool to get the last month's rent dropped. Dialogue here could help everyone concerned.

pesky_princess

hello!
Well a couple more questions for anyone who can help please!
as i said i cancelled the appointment for the photos and they told me they still need to come and measure all the rooms, to which i said i would get back to them to arrange a time and date as i was extremely busy.
Lo and behold, first thing the very next morning i was bombarded with phonecalls and answer phone messages pestering me for them to come and measure up. :mad: this narked me as i had told them i was going to get back to them, I had every intention of ringing them on friday to arrange a date next week for them to come. Yesterday i was at the hospital all day and so left my mobile at home as it would only be switched off anyway in the hospital. When i got back, i had about 12 missed calls from the agent and messages to arrange a time for them to come.
i resent being pestered and harrassed, and to top it off, my father rang me last night to say he had had an answerphone message from my landlord with a horrible tone and i quote part of the message " until your daughter resolves this issue i will keep ringing YOU" :mad:
My father is guarantor on the tenancy, his name and address is on there but not his phone number, a while ago he rang my dad before as well about this photo appointment i cancelled - nobody has my dads phone number and so the landlord has obviously hunted it down through the phone book - must have took him a while as my dad has a very common surname, i complained about this at the time and the rental agent said he should not have contacted my dad especially as my dad is guarantor and his role is only if my rent is not paid(which it has been for 2 years and never late) but now he has rang him again :mad:
My dad is not happy with him, I am livid and my husband is on the brink of ringing the landlord himself to have a go at him, but i have told him he musn't as i have done everything by the book so far and would make us as bad as him :rolleyes:
I am extremely narked now and am wanting to tell the sales agent that i am not allowing anyone to come for measurements now until i have vacated the property. Can i do this? or will i be in trouble?
My view is now that the landlord can damn well wait until i have gone. I feel stressed, and harrassed about the whole situation.
I am also emailing the agent a formal complaint about the landlord harrassing my father.
I really don't need all this, with the time of year, 5 kids and moving house.
please has anyone got any advice, i am at breaking point

moneysavinmonkey

you are well within your rights to refuse anyone entry to you home.
This is a statutory right and can not be overridden by any terms in your contract.

I would phone the agents and tell them you were in hospital all yesterday and when you got home found all these messages and also you dad complaining about being harassed. Say this is all very stressing, upsetful and you have too much to cope with, especially at this time of year. Could they and the landlord just leave you and your family in peace until the new year please. I would go for a tearful rather than angry tone if I was you! :rotfl:

If that doesn't work, get shelter and/or council lettings officer involved and make a complaint to ARLA/NLA if your agents belong to either of those.

Millionaire

I don't see what the big fuss is over letting a agent take some measurements of a house. i recently had some one take them of my place that i was renting.

They were in and out in less than 5 minutes.

I can understand the point about the photo's been taken including your stuff, but just let them take the measurements.

Whats the big deal?

pesky_princess

thanks, i am firing off an email to the letting agent that i normally deal with, as i have a good communication relationship with the head of department there, they can inform the sales department of my complaints and issues.

Millionaire: The big deal is i have been a damn good tenant here for 2 years, never complained about anything, always paid rent etc... things went a bit sour with the landlord from easter time, its a long story but out the blue he turned very odd and we had issues with finding him snooping round our home and trying to get in back gate and things when we were not at home, not just that , was a few incidents but i made a complaint and he was told off by the agent and informed he was not allowed to do things like that. It all got a bit creepy actually, anyway, i have been a bit wary of him from them, but had no problems at inspections and things like that.
I recently had someone from the sales agent to come and value the house - i did not have any issue with this either, agreed to the appointment etc - so i have been fair and not at all awkward, up until the photo appointment where i cancelled explaining that i was not happy at photos being took with my possesions all in the photos etc - i had a fair point and had lots of advice here agreeing that i was within my rights to refuse etc.
the 'big deal' is that i had been ignored when i told agent i would get back to them as i was busy,to arrange a date with them and then got bombarded with calls from 9am the next morning and then on.
my main issue which has made me decide to not allow someone to measure though now is a result in my father being harrassed and 'warned' with a nasty phonecall from the landlord himself, and after him obtaining my dads number through searching for it armed with his name and address. None of this is anything to do with my father - he is guarantor for rent - nothing more and even if i had not paid rent, the landlord has no right to contact my dad directly, it should all be done through the agent, but thats by the by, i have never defaulted on my rent payments so this is not an issue.
anyway, my grievance now is with the landlord - not any of the agents, i am not being awkward because of them, i am doing it to teach the landlord that he can't go throwing his weight around, as my dad said "who the hell does he think he is?"
if he had done things by the book as i have done, then i would not have a problem, but he hasn't, he has been sneaky and underhand and overall, a complete idiot lately... why should i bow down to his requests when i have been treated like this? he can get stuffed! :mad:
oh and i walked out the door this morning to find a for sale sign outside my house - not bothered at all, but if i had not got another house lined up, i never did get any notice about him selling the house, until an agent rang up to arrange an appointment to value it for this purpose - theres no respect with him at all. he has had plenty of chances with me, but i am fed up with him now.

silvercar

Don't think the agent has a right to put a "for sale" sign in your front garden.

Check your tenancy agreement. It may contain a clause allowing the agent the right to show people around, with notice, in the last month of your tenancy.