do letting agents have to inform you if the flat your going to rent is for sale?

JuneBow

PasturesNew wrote: »

It might be the way you worded your posting, but that you can show a viewer round any time you like so long as you give the tenant notice.

As it stands you'd have to write, giving 24 hours' notice and they'd have to agree.

So, it could be construed, from your posting, that you might have viewings going on at all times of day/night simply by "telling them", no ability on their part to say no.

In which case, it could be seen that you were trying to illegally evict them by making a nuisance of yourself with the viewings.

Yes, you are right, my post is a bit unclear.

I can show anyone round for viewings. The lease is silent on when viewings must take place, but in the middle of the night would clearly be "unreasonable"

I do not think even the standard lease that the letting agents use specifies times you must adhere to - even though they nearly always say you can show people around in the last month of the tenancy.

mlz1413

But if tenant says no to viewings at any time surely there is nothing landlord can do, it's not an inspection.

Also if tenant did agree to a viewing they have no obligation to clean the place or make it look presentable, they have the right to quiet enjoyment and if that means underwear all over the floor and dirty mags in the loo (could be other way around!) then LL could do nothing so make tenant clean up.

To OP I would ask LA what the deal is, I was looking at a BTL flat many years ago and wanted it because it had tenants and they wanted to stay. Admittedly this is a less likely situation in the current market though.

JuneBow

mlz1413 wrote: »

But if tenant says no to viewings at any time surely there is nothing landlord can do, it's not an inspection.

No, if it says in the lease that they agree to viewings, they have to agree to viewings. If they did not agree, they would be in breach of the tenancy agreement, and the LL could then write to the tenant about the breach. Often the lease says if the LL has to write to the tenant about a breach in the tenancy agreement, they can make a charge for the letter.

However, you are right about one thing, the tenant can make the place look like an absoloute tip for any viewings if they wanted to be difficult. You would have to put something in the lease to get around that eg the property must be in reasonable condition for viewings etc. It would be possible to say something like that. Whether or not the tenant would sign it is another matter. However, in my experience, the tenants never read the lease properly anyway.

It has never been a problem for me however, as I tend to have good relationships with my tenants, so if I ask them to tidy up before a viewing, they would do it. I always think if you are reasonable with the tenants, they will be cooperative when you need them to be.

Catblue

JuneBow wrote: »

No, if it says in the lease that they agree to viewings, they have to agree to viewings. If they did not agree, they would be in breach of the tenancy agreement, and the LL could then write to the tenant about the breach. Often the lease says if the LL has to write to the tenant about a breach in the tenancy agreement, they can make a charge for the letter.

However, you are right about one thing, the tenant can make the place look like an absoloute tip for any viewings if they wanted to be difficult. You would have to put something in the lease to get around that eg the property must be in reasonable condition for viewings etc. It would be possible to say something like that. Whether or not the tenant would sign it is another matter. However, in my experience, the tenants never read the lease properly anyway.

It has never been a problem for me however, as I tend to have good relationships with my tenants, so if I ask them to tidy up before a viewing, they would do it. I always think if you are reasonable with the tenants, they will be cooperative when you need them to be.

Interesting. On LandlordZone, they say that a tenant does not have to agree to viewings, even if this is explicitly stated on the tenancy agreement.

A couple of threads on the subject:

http://www.landlordzone.co.uk/forums/showthread.php?t=10955
http://www.landlordzone.co.uk/forums/showthread.php?p=67959

mlz1413

June Bow - do you write your own AST then?

honest question as I always stick to a pre-printed AST, I know it's legally binding that way. I always go through the AST with the tenant, witness and guarantor in the property - i find that way they know what they are signing up to, how I want it returned and can ask questions at the start so neither party is 'assuming' the other party knows what they mean.

I've never had a property for sale with tenants in and when I rented the agents didn't have a clause re viewings in last month and when I gave my notice in they didn't mention it, when they did ask 2 weeks later I had boxes everywhere hadn't cleaned in 2 weeks as was leaving 2 days at end to do that and so refused. LA pushed but couldn't make me.

So just wondering how you write in about viewings in last month as that would be a useful clause.

JuneBow

Catblue wrote: »

Interesting. On LandlordZone, they say that a tenant does not have to agree to viewings, even if this is explicitly stated on the tenancy agreement.

A couple of threads on the subject:

http://www.landlordzone.co.uk/forums/showthread.php?t=10955
http://www.landlordzone.co.uk/forums/showthread.php?p=67959

I would question the authority of these posters.

Yes, I always draw up my own agreement. It gives me further protection than the pre printed ASTs tht the letting agents use. I told my solicitor what I wanted, I drafted my own tenancy agreement, and he made slight amendments to my draft.

I have never seen a letting agent's agreement without the month before clause in it, but you can never be too sure with letting agents.

I actually had to rent myself a few months ago, as I had had a flood and was out for about 3 months.

That landlord was trying to sell the house at the same time, TBH, I cannot remember what they had in theirs, but I just asked them to give me 24 hours notice if possible to make sure there was no dirty underwear all over the place. I don't think there is any point in being difficult for the sake of it.

lynzpower

Undertaking viewings comes under the clauses of quiet enjoyment.

That is to say, that Quiet enjoyment is a legal term, as opposed to the clause you have in the AST.

Above all the tenant is entitled to that quiet enjoyment, meaning as pastures says, they have to have 24 hours written notice and they have to AGREE for anyone othave access to thier home.

Even if they have 'agreed' by signing the AST you havecreated, it is not to say that that contract can and will supercede the law.

I think there have been many discussions over this previously, a search for 'quiet enjoyment' shoulod throw up quite a lot, I know that I started a thread about a year ago about my LL wanting to come and nose round without consent, and I stuck to the legal guns on it, and refused access on principle. With the 24 hours written notice I would have agreed.

The law is there to PROTECT tenants privacy, and ensure thier home is treated as such.

JohnnieW

lynzpower wrote: »

Undertaking viewings comes under the clauses of quiet enjoyment.

That is to say, that Quiet enjoyment is a legal term, as opposed to the clause you have in the AST.

Above all the tenant is entitled to that quiet enjoyment, meaning as pastures says, they have to have 24 hours written notice and they have to AGREE for anyone othave access to thier home.

Even if they have 'agreed' by signing the AST you havecreated, it is not to say that that contract can and will supercede the law.

I think there have been many discussions over this previously, a search for 'quiet enjoyment' shoulod throw up quite a lot, I know that I started a thread about a year ago about my LL wanting to come and nose round without consent, and I stuck to the legal guns on it, and refused access on principle. With the 24 hours written notice I would have agreed.

The law is there to PROTECT tenants privacy, and ensure thier home is treated as such.

Undertaking viewings does not come under the clauses of quiet enjoyment if the lease does not put these under the same clauses.

The tenants have already agreed to the viewings with notice as far as JuneBows lease is concerned. It has not been suggested she is going to turn up at the doorstep at 2am.

Your position is entirely different from that outlined. Your landlord was acting without notice.

The law is not only there to protect tenant's privacy, but also the protect the interests of both parties. That is both the tenant and the landlord.

JuneBow has clearly and wisely taken legal advice. I would advise you to do the same.

robwend

UPDATE!!!!!!!!!!!!!!!!!!!


went into letting agents this morning armed with my for sale leaflet lol. and came out with my deposit 4 mins later!! didnt question me on it or nothing, well suss xxxxxxx

liz545

Glad to hear it, Robwend! I hope you're able to find a more suitable long-term home for your family; as has been stated most places will offer a 6 month AST at first, but it's important to be clear with the agent/landlord about your need for a long-term let. Also, don't forget to check out the new info about tenancy deposits; if you're paying a deposit you need to be informed about which of the schemes it will be held in (and it must be protected): http://www.direct.gov.uk/en/TenancyDeposit/DG_066373