Landlord selling house

GaleSF63

Marvel1 said:

roaduser3189 said:

We replied today to say that we will await a formal S21 should she want us to vacate and we have said we would like to be there when she visits next weekend . We have been accommodating by giving her the days and hours we will be around - which is pretty much most of the day to make sure we are there. 

Her reply has been as follows-
"I’m not sure I can be there at the time you specify . I am giving you notice in advance that popping in to see the house however. Your contract is up in october and so after that will be rolling terms of one month to my understanding. It is possible that a landlord investor will buy and you will be able  to remain in situ. 
The agent will be taking images on Tuesday afternoon and viewings will also commence from Tuesday afternoon but we will give you 24 hours notice each time. The agent has his own key"...

So in the space of 24 hours it has changed from the agents coming on Monday with viewings the following week to someone coming on Tuesday and the property being viewed on Tuesday. 

As many said previously change the locks.

Today. . .

m0bov

Change those locks!

grumiofoundation

roaduser3189 said:

We replied today to say that we will await a formal S21 should she want us to vacate and we have said we would like to be there when she visits next weekend . We have been accommodating by giving her the days and hours we will be around - which is pretty much most of the day to make sure we are there. 

Her reply has been as follows-
"I’m not sure I can be there at the time you specify . I am giving you notice in advance that popping in to see the house however. Your contract is up in october and so after that will be rolling terms of one month to my understanding. It is possible that a landlord investor will buy and you will be able  to remain in situ. 
The agent will be taking images on Tuesday afternoon and viewings will also commence from Tuesday afternoon but we will give you 24 hours notice each time. The agent has his own key"...

So in the space of 24 hours it has changed from the agents coming on Monday with viewings the following week to someone coming on Tuesday and the property being viewed on Tuesday. 

Good news that you aren’t being served notice! 

If you want to be present at the viewings (and sound like you have provided options for when you are there) then looks like you may have to change the locks to prevent viewings occurring without you present. 

The ‘breach of contract’ angle would, as has been said before, be hard for the landlord to enforce/prove. 

A slightly more realistic (although probably still pretty unlikely) scenario is landlord/agent decide you are being deliberately obstructive and decide to serve notice as you won’t let them do viewings whenever they want.

lookstraightahead

Really this is appalling. 

It is your home while you are in it. Tell them it is not convenient for the agent to come on Tuesday. Let them come back to you with alternatives. 

Write it all down and have evidence.

or just don't let them in on Tuesday? They will soon get the idea that you expect to be treated properly.

Why has she given the agent a key to YOUR home? Tell the agent not to use it.

roaduser3189

We are expecting that the situation may change yet again in terms of viewings/estate agents etc as she is very erratic. We have asked that we would like further communication to be done via email/message as I think it's important to have everything in writing. 

In terms of deposit, I understand that if another landlord buys the property the deposit gets transferred to them and they have to put it in a scheme. If  someone who wants to live at the property buys it , can the landlord still make deductions eventhough they will not be carrying out any repairs or improvements for the new owner?

theartfullodger

Just refuse all viewings, it's your home, you're entitled to peace & quiet. Yes, change locks TODAY ! (keep old one to change back when you eventually leave).

With deposit it's possible both old and new owner can be sued for up to 3x deposit if incorrectly protected.  

New owner only fully becomes new landlord after serving S3 & s48 notice(s).  If not possible fines and criminal record (S3) and/or no rent due (!) - s48.  

Your current landlord seems to embody so much of the how to be a twit of a landlord. Sigh!  Wonder what else they got/are-getting wrong.

You appear to be in a very strong negotiating position, both ££££ and timewise.  Good luck!

Artful:. Landlord since 2000.

macman

roaduser3189 said:

Perhaps I am being naive but as the contact states we cant change locks then I dont understand how we can do that without it being in breach of the contact?

Because such a clause is not enforceable. Nor can the LL or their agent enter the property without your specific agreement, whether they have a key or not. You need to start enforcing your rights, and your LL needs to understand her legal obligations.

macman

I suggest that you check all your prescribed information, as it is highly likely that it is incomplete, and the tenancy is not regularised, in which case any S21 will be invalid. Which means that you will effectively get a further 6 months occupation once the possession order is refused, as it must be.
What you need to decide is whether you really want to remain in the property, with current or new LL, or leave at a time of your choosing with some 'incentive' payment from Mrs Amateur. As pointed out above, you hold all the cards here.

lookstraightahead

It's unbelievable how a landlord can profit from such incompetence. 

m0bov

They have no more of a right to enter your home, as you do to there's. They have no automatic right to enter, it has to be agreed. I'd suggest "IN WRITING" giving a list of days and times you will be in. No you have some random agent with a key, I'd be changing the locks straight away.