Landlord attempting to intimidate me... Please help

terryw

clutton wrote: »

you do not have to let anyone into the house - landlord, agent, prospective purchasers = no one - that is what "quiet enjoyment" means - there are dozens of books written on quiet enjoyment.

Oh no it is not as simple as that. The landlord IS entitled to inspect the property at reasonable times and by appointment. If there is a formal tenancy the question of others viewing in the last month is usually covered by the agreement itself. Although there is no formal written agreement here it may be that there is an implied agreement in common law. However, this is an area best left to the paid lawyers, and, in any case the situation here could well be made much worse if the OP refused completely.

As mentioned earlier, the OP must be quite firm with the LL and Agents that viewing can only be at acceptable pre-arranged times, and that there must be no entering the property withour appointment and with her consent.

RubyShoes

Well, things all seem to have taken a turn for the better now

The LL came over this evening, as arranged, for a viewing. The viewers turned up before him though LOL!

Anyway, as soon as he walked in (he hasn't been inside in 20 months) he said how impressed he was with how I have kept the house. He then went on to say he would be financially compensating me for my inconvienience, and I would recieve my full deposit back, and if necessary a glowing reference (fingers crossed I wont need it!) because I had kept the house to such a high standard.

We had a chat, and have come to an agreement, that where ever possible, we will do viewings on one pre arranged day in the week, over a couple of hours, so I don't have to put up with short notice, or bad times etc... which suits me perfectly. I only have to make it perfect on one day!

He explained that although he knew I looked after the house well, when I refused to do viewings without me present, he wondered why, when non of his other tenants had refused. He was concerned that something was wrong. He then apologised for the misunderstanding, and could see where I was coming from.

Glad he was made up with the house, I told him when I moved in he wouldn't be disappointed. He agreed, and said he wished his other tenants were like me.

He is still a bit shady, and I don't alltogether trust him, but there is a truce, and an understanding between us, which suits me fine.

He has got what he wanted, and I have got what I want too. :T

PS. I don't think the viewers will be making an offer They didn't seem so keen when they realised I was the tenant...!!

the_bread_baron

thing is, if theres a property slump there will be many incidences of this. which is a total pain for the tenant and is probably the core problem with renting property in the UK. you have terrible rights. bullied, pushed about. as in this case.

this btl property boom has yet to show its real teeth, and the next few years as it crumbles will be chaotic to say the least.

still, take heart that hes BOUND to stick this property for sale way over what its worth, and it will probably sit there for the next 7-36 months as he chases the market down. he wont be the type to cut his losses without a fight.

terryw

Smashing news Ruby. I am really pleased that things are looking a little better.

Let us know please how you get on both with the LL and your search for a place to buy.

nelly_2

Good grief being called a tosspot of an Estate Agent

If an estate agent can look down on you ,you realy are the lowest of the low

clutton_2

""Oh no it is not as simple as that. "" - it certainly is as simple as that. The tenant can refuse entry to ANYONE - irrespective of what it says in the tenancy agreement - that is what Quiet Enjoyment is all about. This has been tested in the courts on more than one occasion.

A clause in a tenancy agreement cannot over-ride law written elsewhere.

i also am delighted that an amicable resolution has been found.

terryw

clutton wrote: »

""Oh no it is not as simple as that. "" - it certainly is as simple as that. The tenant can refuse entry to ANYONE - irrespective of what it says in the tenancy agreement - that is what Quiet Enjoyment is all about. This has been tested in the courts on more than one occasion.

A clause in a tenancy agreement cannot over-ride law written elsewhere.

i also am delighted that an amicable resolution has been found.

Sorry but we must agree to disagree. Please have a look at this link http://www.newham.gov.uk/Services/MortgageAdvice/AboutUs/TenantsandLandlordsRightandResponsibilities.htm

from Newham council who state definitely that the landlord has the right to enter the property for inspection and repairs.

RubyShoes

Thank you to everyone who gave me advice - it helped me stand up for what I knew was right.

I will keep you updated on the progress...!

PS. The house is on at a reasonable price - but the problem is, he won't budge an inch off the asking price... and houses on this road just don't sell well. He knows it as well as I do.

weedav

yes you must be in the house during viewings. I learned the hard way!

I was moving out of my rented flat and stupidly agreed that the EA could conduct viewings while I was at work. Until this time I had a good relationship with my lanlord and, on frequent vists, he commented that the house was in good order.

After one of the EA visits we noticed that marks had appeared on the laminated kitchen floor, and on the wooden hallway floor - like somebody had marked it with stiletto heels. Our final inspection was due, so we decided to let the landlord know this had happened during the EA visit. He came round to look and was very upset that this had happened and then blamed us as we were responsible for the flat. The EA failed to accept responsibility (and were very rude - as was the LL) and we ended up losing most of our deposit to pay for a new floors. When we tried to put up a fight the LL became very agressive and started listing other things (repainting walls that had been slightly blackened by storage heaters, mould in the bathroom caused by there being no ventilation, and that a glass shelf we had broken (and already agreed a slightly different replacement) was "opaque" rather than "clear")

It was horrible and now, although it goes against my naturally trusting nature, any inspection or viewings in my new flat will only take place when I am there.

the_bread_baron

RubyShoes wrote: »

Thank you to everyone who gave me advice - it helped me stand up for what I knew was right.

I will keep you updated on the progress...!

PS. The house is on at a reasonable price - but the problem is, he won't budge an inch off the asking price... and houses on this road just don't sell well. He knows it as well as I do.

i told you so. hes a profiteer, not a landlord. if they dont sell well, its because they are priced too high.
anything priced right WILL sell.

next time try to establish if your landlord is a pro, or a buy to let muppet.
if they have owned the house before 2000 its probably safe enough.

explain these former problems to your next potential landlord and go off the response you get.
if i was a pro i would want a stable tenant. it would be an ideal match.

good luck.