In rented 3wks. LL failed to inform me he is selling. What are my rights?

RachelUK

GavP wrote: »

I'm not sure that refusing all viewings is necessarily the thing to do here. If the landlord is really serious about selling, then you'd essentially be giving him no choice but to evict you as soon as he possibly can. On the other hand, if you allow viewings (on your terms and when it suits you) then the house may be bought by a new landlord who would keep you on, or your landlord may not even find a buyer in the current market.

I completely agree here. I had something fairly similar in my current flat, within four months of moving in I got a call off a man saying he was the new LL and could I arrange for my rent to stop being paid to the previous LL and now to him! The previous LL had sold without even telling me, he even held viewings without me knowing!! I was really cross and worried at first because I really didnt want to move but the new LL is great and i've been here over a year now. Fingers crossed that you'll get a good LL when your property is sold.

mdj1

Personally, It sounds like your LL is taking you for a ride and using your rent to pay his mortgage whilst she sells the property. REFUSE all access to the property and put in writting to the landlord and the agent that you will not allow viewings until the specified time in your contract. Usually this is written in your contract somewhere. This will really pee the LL off and rigthly so, she obviously thinks that she can do what she likes. I would also look at changing the locks. Just change the barrels and then change them back when you finally leave.

Your LL has not be honest and fair with you, she knew what she was planning all along. In return you should make her life HELL as there is nothing she can do about it!

clutton_2

""and using your rent to pay his mortgage"" - this is generally what happens with a BTL property

Catblue

Your landlord is a complete prat. She wants to guarantee a rental income until the moment the house is sold, and sod the consequences to you and your child.

I think you are quite right not to allow viewings - your child's autism certainly won't be helped by complete strangers tramping in and out of the house.

Did your LA allude that you would have to allow viewings when the break clause is activated in May? Nonsense. Don't stand for it. Even if it is explicitly stated in the contract, it is an unfair term. The house is your home until July.

That means that your landlord won't be able to start any viewings until after you have left in July. With a bit of luck, it'll take her ages to sell. And boy, we can only hope that the housing market in your area has taken a downturn by then!

If you post a rightmove link to the property nearer the time, I'm sure a few MSE folk would love to put in a few derisory offers on the place.

clutton_2

your landlord certainly is a complete prat - i would absolutely agree with not allowing any viewings. Get the local private housing officer at your local council to write to her - explaining your rights as a tenant to"quiet enjoyment" - ie - you dont have to let anyone in if you dont want to.

duchy

I would certain ly be talking to the local housing department and asking them to write to your landlord defining your rights regarding quiet enjoyment and viewings. Please make sure that the housing officer is fully aware of the disability implications too-as not all are familiar with ASD,

Becky_2

Hi Dummie!

Good luck with your CAB interview on Friday. It's probably a good idea to bring with you to the interview your tenancy agreement and any letter you have received from landlord (if you have received any).

I wish you the best of luck. Please let us know how it goes.

Becky
x

Generali

I'd try to communicate via email as much as poss with the LL from now on. They can be used as evidence and you'd be amazed how many people will send an email in anger and really leave themselves without a leg to stand on!

Kemp1

I’m not sure if I can offer any further advice, except to reiterate that there is no benefit to you to withhold the final months rent. Your deposit is now held in a secure scheme and unless you are in rent arrears or have caused specific damage to the property then this should be retuned to you. The landlord may have Rent Protection Insurance in place and if claimed on, this could affect your credit ratings as well as your ability to apply for other tenancies in the future. It is unclear who has misled who in this situation, Landlord or Agent but speaking as an Agent, we also get duped by landlords from time to time but if this happened in my agency, we would do everything within our power to find you suitable alternative accommodation and without charging you further reference fees and set up costs. It would be worth while talking to your Agent to see if they are willing to take some of the strain. As stated before, the Section 21 should provide you with at least 2 months clear notice which should be served prior to a rent payment period. For example if the rent falls on the 5th of a month, the notice should be with you before this date, if it arrives after the 5th the notice would not come into effect until the next rental period. With regards to the viewings, if you specifically express that you will not permit access then this MUST be respected. You should note that you would be in breach of your contract but if anyone entered against your will, then this would be a criminal offence. It is also worth noting that the deposit may also be held against other breaches of contract and not just damages and rent arrears, if the landlord could prove that he has suffered loss through your actions or non-actions, there may be grounds for him to seek compensation against such losses and you should check your contract carefully or get the CAB to do so. I would suggest you offer days/times during the week which would be more convenient to you for anyone to view the property, which will hopefully minimise the disruption to you and will also keep everyone else on side (at the end of the day you may still need their co-operation as much as they need yours!). In addition to this, any reasonable Agent/Landlord would recognise that there was indeed a breakdown in communication somewhere along the line and offer that should you be able to find suitable accommodation before notice is served/expired, that they kindly “release” you from your contract early and without further obligation. As one party seems to be placing the blame firmly on the other, it would be beneficial to you if you could request a meeting between ALL parties at the Agency, which would force either Landlord or Agent into revealing who exactly wasn’t being so truthful from the outset. You were given information which you relied on and made your decisions based on that information which proved to be incorrect or incomplete and this should be addressed. You need to think back to what was said prior to you signing the contract and just how “Long Term” you were looking to let and how “Long Term” is interpreted by the landlord/agent. The agent should have gone through the terms of the contract with you and highlighted items such as the break clause or at least advise you to seek advice from the CAB or Solicitor prior to doing so. Good luck with everything.

KITCHEN1_2

Regardless of all the other considerations the facts are you have only a 12month AST with a break clause that effectively makes it a 6month AST.
You knew that and so did the other party. Verbal comments related whilst unfortunate do not change this situation.

There are various ways you can manage this situation ,but effective management requires that you have has much information as possible and preferably you could also benefit from having some third party help with this.
It might be helpful if you could get together with your LL and CAB in a non prejudicial manner to find out what is the LL's situation and why are they wishing to sell. What are the facts in otherwords then perhaps ,who knows there might be a way forward that meets everyone's needs somewhat better that a simple approach based upon conflict.
If not then you are quite within your rights to enjoy the property free from disturbance until the 6 months are up.Even at that point the LL will not get you out of the property if you do not wish to go to the point where you are willing to go to court have such a move enforced. The drawback to the latter is you probably could stretch your tenancy to even 12 months or more ,but at the end you would have to move and you would not have any reference to take with you which could hinder your future tenancy prospects.
Try a more arbitrary approach if you can ,nothing is lost and who knows what you might both gain.