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Landlord / Letting Agent has intentionally deceived us

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  • Grumpy_chap
    Grumpy_chap Posts: 18,294 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Has the OP fitted their own lock barrels?
    The LL locks only need to be refitted on vacating the property.
    Unless the rental agreement specifically provides otherwise, the OP has no obligation to facilitate viewings.
  • gelato_cat
    gelato_cat Posts: 2,970 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    celesp said:
    I had a bit of a go and explained the situation, she asked if she could do viewings today. I used my right to quiet enjoyment and told them that I do not want anyone coming into my home whilst we are contracted (6 months initially and yearly after that.), we still have yet to unpack properly. The agent was noticeably angered by this and said, "It was always the landlord's plan to do this and you have to leave regardless of whether you let us in to view".


    Check your rental contract - what does it say about viewings?

    Some of them don't mention viewings, some of them say viewings can be conducted in the final month of the tenancy.  You don't have to allow viewings unless your contract says so.

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  • user1977
    user1977 Posts: 17,849 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    The OP could always allow viewings but only if they're present and then loudly comment on the fact they're not leaving any time soon...
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Letting out a property you intend to sell seems a really strange thing to do, and a way of making the property much less attractive to anyone who wants to live in it.  I wonder why they came up with that idea?  As others have suggested, you would probably be best off if another landlord buys the property.  Perhaps tell the agents you might consent to viewings by landlords?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • eddddy
    eddddy Posts: 18,017 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    As mentioned previously, perhaps a key question is...

    Is the property advertised as for sale tenanted (i.e. for sale to another landlord)...

    ...or is the property advertised for owner occupation (i.e. with vacant possession).


    (Just to be clear - if the listing doesn't specifically say it's being sold with tenants, the assumption will be that it's being sold for owner occupation. So the landlord will be expecting that the tenants move out.)


  • pinkshoes said:
    1. Change the locks (keep the old one to change back at the end)

    2. Write to the agent and say you are entitled to quiet enjoyment at the property so will not be permitting any viewings.

    3. Look for somewhere else to live and aim to move out at the end of the 6 months. This isn't going to be your home for long.
    4. Consider not moving until earlier of (i) find a new home, and (ii) being told so by court, after S21 process

    5. if you find a new home before being told by court to leave, tell LL you will move next month against payment of additional £[x]k incentive.

    6. if you like the property, could you buy it yourself? maybe at discount to Asking? 
  • BobT36
    BobT36 Posts: 594 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    Suzey said:
    celesp said:
    I had a bit of a go and explained the situation, she asked if she could do viewings today. I used my right to quiet enjoyment and told them that I do not want anyone coming into my home whilst we are contracted (6 months initially and yearly after that.), we still have yet to unpack properly. The agent was noticeably angered by this and said, "It was always the landlord's plan to do this and you have to leave regardless of whether you let us in to view".


    Check your rental contract - what does it say about viewings?

    Some of them don't mention viewings, some of them say viewings can be conducted in the final month of the tenancy.  You don't have to allow viewings unless your contract says so.

    Even if it's in the contract, the tenant cannot sign away their statutory rights. If a clause in the contract contradicts the law, the law supersedes it. Enforced viewings would conflict with right to quiet enjoyment. 
    Besides what is the landlord gonna do if refuse in the last month, and leaving anyway?  
  • gazfocus
    gazfocus Posts: 2,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Personally, I would refuse point blank to allow any viewings during your tenancy. This will mean the landlords plan will have backfired. Why? Because by the time he does eventually get you out so he can allow viewings, his house will have been advertised for months and everyone knows the bulk of interest is in the first few days of a property being listed. 

    I also would make it abundantly clear to the letting agent that you will not be vacating until either a) you’ve found a suitable property in the area to move into or b) a court awards the landlord possession. 

    I am a landlord and this kind of behaviour from your landlord absolutely stinks and I’m so sorry you’re going through this. 
  • saajan_12
    saajan_12 Posts: 5,071 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    BobT36 said:
    Suzey said:
    celesp said:
    I had a bit of a go and explained the situation, she asked if she could do viewings today. I used my right to quiet enjoyment and told them that I do not want anyone coming into my home whilst we are contracted (6 months initially and yearly after that.), we still have yet to unpack properly. The agent was noticeably angered by this and said, "It was always the landlord's plan to do this and you have to leave regardless of whether you let us in to view".


    Check your rental contract - what does it say about viewings?

    Some of them don't mention viewings, some of them say viewings can be conducted in the final month of the tenancy.  You don't have to allow viewings unless your contract says so.

    Even if it's in the contract, the tenant cannot sign away their statutory rights. If a clause in the contract contradicts the law, the law supersedes it. Enforced viewings would conflict with right to quiet enjoyment. 
    Besides what is the landlord gonna do if refuse in the last month, and leaving anyway?  
    No.
    An excessive frequency of viewings, or many at anti social hours, or without notice may interfere with QE. However a reasonable number, at reasonable times, with 24 hours notice are just fine. 

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