Tenant rights with terrible landlord?

janepn

Our landlord wants to sell the house we have been renting from him for some years, but wants to keep us in the house as long as he can, so hasn’t given us notice but is putting it on the market and on Rightmove. We have put up with a lot with this landlord and the house is in a shocking state of disrepair with lots of water damage where we’ve had terrible leaks as he procrastinated on fixing the roof for several years. We’re embarrassed about the condition of the house and don’t want interior photos with all our belongings taken against this backdrop. He doesn’t seem to care about the condition. He just wants to sell it. What are our rights - does the fact no notice has been given make any difference? 

caprikid1

Start looking at move out ASAP if it is so bad. I am sure Artful will be along to tell you that you don't need to leave and only a Court can do this.

Your rights are to stay as long as you want till the court evicts you.

janepn

We are looking to leave but it’s more to do with our rights in the meantime - can he insist on taking and using internal photos on the details? It would be mortifying to have the internal photos of the house in the condition it’s in for all our village to see on Rightmove against our belongings. Do we have different rights if we were in a notice period?

RHemmings

janepn said:

We are looking to leave but it’s more to do with our rights in the meantime - can he insist on taking and using internal photos on the details? It would be mortifying to have the internal photos of the house in the condition it’s in for all our village to see on Rightmove against our belongings. Do we have different rights if we were in a notice period?

Your contract will probably say something about access for viewings, and you will likely be required to be 'reasonable'. However, you don't have to give anyone permission to access the property for photos and viewings, and the landlord should, I believe, have to go to court to obtain access for photos and viewings, which is going to be a long process. But, what does your contract say? 

If I was in your situation, I would give the landlord different dates and times that they can access each room in the house for photos, and I would then move my possessions out of each room for the photos, then move them back again once the photos of that room are taken. This would make things difficult for the landlord, but you are still giving access. And, the photos won't have your possessions in them. And, since you are giving access to the property for photos, it would be harder for the landlord to argue that you are not being reasonable. I would also offer to take the photos myself, but wouldn't expect that offer to be accepted.

In all situations when I have refused access to a rented house, I have always given a time/date when access will be possible. I've never had a problem. 

Shelter warns that being difficult with a landlord can sometimes make them more likely to fight for a deposit, and also that if you need a reference to move to another rented property, that may be affected. But, in your situation, I think I would still make the offer as above. 

EDIT:  And, if it was me in your situation, any letter/email I sent would include language such as 'I appreciate your need to take photos in order to market the property, but I feel that including my possessions is an invasion of my privacy. I feel that this solution of taking photos in a staged fashion will enable you to take the photos you need, while still protecting my privacy.' 

elsien

janepn said:

We are looking to leave but it’s more to do with our rights in the meantime - can he insist on taking and using internal photos on the details? It would be mortifying to have the internal photos of the house in the condition it’s in for all our village to see on Rightmove against our belongings. Do we have different rights if we were in a notice period?

I think you are probably overthinking this a little. If the condition of the house is so bad, it’s going to be obvious down to the landlord anyway, rather than a reflection on yourselves.
 

Some advice here. The notice period is irrelevant, because you have the right to quiet enjoyment whether formal notice has been given or not.
https://www.estateagenttoday.co.uk/features/2021/8/can-landlords-and-agents-take-photographs-during-property-inspections#:~:text=It's%20important%20to%20remember%20that,take%20should%20not%20be%20excessive.

Zoe02

Find somewhere better. 

propertyrental

Even if your contyract says you miust allow estate agents, photographers, viewers, whoever access during the last month / 2 months of the tenancy, you can deny access

1) you've not been given notice or a S21, so the tenancy is not ending and

b) the LL would have trouble (and cost) enforcing the clause if you denied access.

So if you don't want to cooperate over access/photos etc, then don't. If you worry the LL/EA might just use their keys to come in anyway, change the lock (keep thte original one to replace when the tenancy does end).

Lock changing is a simple, cheap DIY job

https://www.youtube.com/watch?v=VXAo7zSN-9o

doodling

Hi,

You need to be clear what you want to achieve.

It is unikely that you have a valid legal or contractual obligation to allow any access for the marketing of the house whist there is no end to the tenancy in sight (i.e. before any notice has been given).  You therefore have the option of denying access if you choose with very little legal comeback.  You can also require any guests (e.g. estate agents) in your house to leave if they do not behave in a way you are comfortable with (e.g. if they start taking photos when you have told them not to).

Having said that, if your landlord is serious about selling the house then you will eventually have to leave so you need to bear that in mind.  That might mean that you start looking now and it might also mean that a degree of compromise is appropriate in order to ensure a reasonable reference from your landlord when you have found a new place.

A lot will depend on the attitude on both sides but generally it is easier to work with people rather than adopt an aggressive approach.

BobT36

elsien said:

janepn said:

We are looking to leave but it’s more to do with our rights in the meantime - can he insist on taking and using internal photos on the details? It would be mortifying to have the internal photos of the house in the condition it’s in for all our village to see on Rightmove against our belongings. Do we have different rights if we were in a notice period?

I think you are probably overthinking this a little. If the condition of the house is so bad, it’s going to be obvious down to the landlord anyway, rather than a reflection on yourselves.
 

Some advice here. The notice period is irrelevant, because you have the right to quiet enjoyment whether formal notice has been given or not.
https://www.estateagenttoday.co.uk/features/2021/8/can-landlords-and-agents-take-photographs-during-property-inspections#:~:text=It's%20important%20to%20remember%20that,take%20should%20not%20be%20excessive.

Hmm I wouldn't trust that article much. Why would they need to take random pictures anyway? Surely ONLY of damaged or items needing repair? Or issues such as fire doors being blocked. 

Also it mentions evidence for being "clean and tidy", ahem, wtfs that to do with the landlord? As long as it's causing no damage to the property, it's none of their bloody business how tidy the property is, as long as it's given back as it was less fair wear & tear. (I'm an absolutely spotless / tidy person, but still, I hate this overreach.)

Herzlos

They should give you notice so you can at least hide personal possessions.

If they just want to sell it, then have you considered making an offer before it goes on the market? I'm assuming that since you've been there a while despite the condition that you must like living there.

RHemmings

BobT36 said:

elsien said:

janepn said:

We are looking to leave but it’s more to do with our rights in the meantime - can he insist on taking and using internal photos on the details? It would be mortifying to have the internal photos of the house in the condition it’s in for all our village to see on Rightmove against our belongings. Do we have different rights if we were in a notice period?

I think you are probably overthinking this a little. If the condition of the house is so bad, it’s going to be obvious down to the landlord anyway, rather than a reflection on yourselves.
 

Some advice here. The notice period is irrelevant, because you have the right to quiet enjoyment whether formal notice has been given or not.
https://www.estateagenttoday.co.uk/features/2021/8/can-landlords-and-agents-take-photographs-during-property-inspections#:~:text=It's%20important%20to%20remember%20that,take%20should%20not%20be%20excessive.

Hmm I wouldn't trust that article much. Why would they need to take random pictures anyway? Surely ONLY of damaged or items needing repair? Or issues such as fire doors being blocked. 

Also it mentions evidence for being "clean and tidy", ahem, wtfs that to do with the landlord? As long as it's causing no damage to the property, it's none of their bloody business how tidy the property is, as long as it's given back as it was less fair wear & tear. (I'm an absolutely spotless / tidy person, but still, I hate this overreach.)

Having read the article, I get the impression that the author is just making up what is appropriate and not appropriate with no reference to any external standards. It seems a bit paternalistic to me.