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why me

(45 Posts)
wtfisgoingonhere Tue 19-Jan-16 10:44:21

Ok so I'll start off by warning you this this is a bit of a moan but want to get it off my chest.

Considered a name change but won't make a lot of details as background will probably out me anyway

So me and DH have had a pretty shitty 18 months or so with him suffer MH issues culminating in him being sacked at work and an ensuing battle to raise an ET claim for discrimination.

I've had bad times too where things got too much and was also signed off with depression for a few weeks last year

Managed on one income and either ssp or esa for a long time and it's been hard. Moved to a smaller house (rented) to save money but the move itself cost a fair bit which we are about even on now (overlap in rent, ref fees deposit etc)

Finally starting to feel we are 'coming out the other end ' and feel a bit more positive when we get a call from our letting agents to say landlord is selling up

Hit me like a ton of bricks and ended up in tears. Know these things can't be forseen but prev tennants were there 3 years and we made it clear we wanted property long term

Can't face the stress and cost of moving again. Not a lot on market at mo that's even close to current place, and nice properties are much more than we can afford.

Worst thing is we asked to sign for 1 year contract and they said they all are 1 year with a standard 6 month break clause. We've just hit 6 months so basically haven't even got a definate date but know that on any rent due date we could be given 2 months notice.

Letting agent tried to be encouraging saying another investor may buy it but it's not even advertised yet and we have a viewing Thursday for people who want to live there themselves sad

Sorry to wallow I just feel so shitty

WilLiAmHerschel Tue 19-Jan-16 10:49:21

Sorry op. flowers Ive never been in your exact situation but I've had periods in my life when it just seems to go from one bad thing to the next. I think you have to just be happy for what you do have, pick yourself up and carry on. Eventually you'll come out the other side of it. In the meantime is there anything you can do? Can you start looking for a new place, or is it best to wait to see what happens first?

Oldraver Tue 19-Jan-16 10:49:58

we have a viewing Thursday for people who want to live there themselves

What do you mean by this bit.. is it prospective buyers that are being shown round ?

You dont have to comply with showing buyers round. If you think this may add to your stress you can say no

LaPharisienne Tue 19-Jan-16 10:54:40

I think rent agreements normally have provisions dealing with showing people round the property etc; check your lease. It's likely that they just have to give you reasonable notice if it's within an allowed period though (often one month before the end of the lease) so you may not be able to object to the viewing.

Lots of sympathy though - renting is shitty and your landlords sound like scumbags.

DisappointedOne Tue 19-Jan-16 11:07:39

I think rent agreements normally have provisions dealing with showing people round the property etc; check your lease. It's likely that they just have to give you reasonable notice if it's within an allowed period though (often one month before the end of the lease) so you may not be able to object to the viewing.

Such a clause would be utterly unenforceable.

TheSecondViola Tue 19-Jan-16 11:11:34

Doesn't matter what the lease says, you NEVER have to let people wander around your home, and can always refuse.
I'd be telling the landlord to fuck off.

MagpieCursedTea Tue 19-Jan-16 11:11:37

Our landlord gave us notice that they wanted the flat back whilst I was in the middle of a serious MH episode. It was awful and I still feel a bit upset when I think about it. We did get through it though.
You have my sympathies as it's a horrible situation to be in. Any chance you can apply for a council or HA place?

wtfisgoingonhere Tue 19-Jan-16 12:13:56

Thank you all

It is built into the tenancy to show people around for the last " x weeks/months of contract" so I guess technically we could refuse, but then we want to 'keep them onside ' as if an investor DOES buy it we would like to stay on in the house.
Technically we haven't been given notice, more a 'heads up' about what's happening

WillIAm- I have had a look at what's available but the issue we have is rentals are usually advertised late on so they want someone to move in much sooner than 2 months time, that's what cost us so much last summer - we had to sign for our current property a month before other lease expired to be able to secure it so paid rent for 2 properties - seems a catch 22 as viewing properties late means you have to 'take what you can get'

Oldravers - yes prospective buyer, but not an investor (eg we may be able to continue /transfer tennancy) a viewer who wants to buy to live in the property.

Regarding viewings- we insisted on agents not holding a key so we are always in when contractors etc visit

Magpie- don't think we are eligible, or if so we are VERY LOW priority, as I'm on a reasonable salary so we manage day to day it's more the cost of moving that'd the issue

19lottie82 Tue 19-Jan-16 12:43:28

Unless they are an investor any buyers lawyer would not let them buy a house where a tenant is present, it would be against the terms of their mortgage offer. Also agreeing to buy a house when a tenant is present is just idiotic, it can take months and months to get rid if they drag their heels. Your LL is a doofus even marketing the flat while you're in it, he will be putting off so many potential buyers.

If be tempered to drag your feet and offer to be more cooperative for an incentive which will cover your moving costs.

wtfisgoingonhere Tue 19-Jan-16 14:08:31

I know what you're saying lottie - guess I hadn't thought about it that way as we're good tennants and so take things as they are.
I don't know how quick sales but we've not even been given notice yet

(Bloody hell just had a call from them saying they NEED to take pictures for the advert and someone would like to come Thursday morning. When I said it's not really convenient and can't they use the pictures on file - we're waiting for work to get done and so stuff is all over the place- they said no as LL wants a professional photographer round)

Grrrrrrrrrrrr angryangryangry

PeterGriffinsPenisBeaker Tue 19-Jan-16 14:23:55

Will double check for you OP, but I'm not sure you can be given notice between the 6 month break and the 12 month period...

BrokenVag Tue 19-Jan-16 14:24:56

Yes you can.

BrokenVag Tue 19-Jan-16 14:25:28

They have no right to access to take photos, they have no right to take photos of your stuff. Tell them to fuck off.

TannhauserGate Tue 19-Jan-16 14:29:35

Broken- they do have a right, with sufficient notice.
Telling a LL to fuck off is why people get a bad impression of renters, and why LLs continue to only offer 6months contracts, because if their circumstances change and they have to sell, people get narky about viewings, moving etc.

BrokenVag Tue 19-Jan-16 14:50:13

NO. Unless it's an emergency (gas leak, need to break down the door type emergency) the landlord has no right to enter or to instruct others to enter if the tenants don't agree. Absolutely not. The rent paid buys a home for the renters. Their rights are absolute. By all means try to prove me wrong but I'll need evidence.

BrokenVag Tue 19-Jan-16 14:52:53

www.citizensadvice.org.uk/housing/renting-a-home/common-problems-with-renting/#h-the-landlord-s-rights-of-entry

"Citizen Advice says the following on the matter:

If your landlord wants to enter your home for any other reason, for example, to show round a new tenant, they can only do this with your agreement or in accordance with any reasonable term set out in your tenancy agreement.
Note, it says “with your (the tenants) agreement”

It’s also worth noting that tenants are legally entitled to change the door locks and do NOT have to give a copy to the landlord/agent, but is still expected to grant “reasonable” access. That’s pretty relevant because it strongly implies that landlords and/or agents don’t have the right to gain access at their will, despite what might be engraved in the tenancy agreement…"

nutellacrumpet Tue 19-Jan-16 14:59:02

I think YWBU not to let them have access to your property. Regardless of the legality... morally it is their house... They want to sell it. Why be a dick and make it hard for them. Just face facts and look for a new home. Your back story is sad and all but doesn't mean you are entitled to make your landlord's life as difficult as possible does it?

PeterGriffinsPenisBeaker Tue 19-Jan-16 16:22:08

Yes, notice can't be given after the 6 month break, until 2 months (standard notice) before the 12 month tenancy period. Therefore, your LL would give you notice 10 months into your tenancy agreement. You would also go onto a rolling tenancy after 12 months if you don't sign a new TA. HTH.

EssentialHummus Tue 19-Jan-16 17:03:27

If your landlord wants to enter your home for any other reason, for example, to show round a new tenant, they can only do this with your agreement or in accordance with any reasonable term set out in your tenancy agreement.
Note, it says “with your (the tenants) agreement”

And if the contract (which is the agreement between L and T) includes a clause saying T agrees access on 24/48 hours' notice? L can give the appropriate notice and attend. There's no law overriding that, as there is for other aspects of the L/T relationship where what the contract says is made irrelevant by statute.

OP can be a dick and make it difficult for her LL, and by doing so raise the possibility of LL doing the same back (deposits, references...). Or just act like, y'know, a human being.

There is some terrible advice on here re tenancies. It's great to get all Kavanagh QC about inalienable rights and telling the LL to do one, but it tends to bite tenants in the jacksie.

DisappointedOne Tue 19-Jan-16 17:15:50

The landlord couldn't enforce such a clause without a court order.

DisappointedOne Tue 19-Jan-16 17:17:02

They can out a clause in saying they want the rubbish put out weekly by the tenant in the nude, or that they can only eat spaghetti bolognaise every third weekend. Doesn't mean it's reasonable/enforceable.

DisappointedOne Tue 19-Jan-16 17:18:23

Yes, notice can't be given after the 6 month break, until 2 months (standard notice) before the 12 month tenancy period. Therefore, your LL would give you notice 10 months into your tenancy agreement. You would also go onto a rolling tenancy after 12 months if you don't sign a new TA. HTH.

Where are you getting that from? I've never seen a tenancy agreement that stops notice being given between months 6-12.

PennyHasNoSurname Tue 19-Jan-16 17:20:23

I would say that as the contract ends after 12 months you will only comply with viewings in the last few weeks of the 12 months. This six month get out is not "the end of the contract" so unenforcable.

EssentialHummus Tue 19-Jan-16 17:21:25

You can say the same about the tenant's obligation to pay rent Disappointed - that doesn't make it less of a breach of contract.

So T refuses access, L tries again, T refuses access, (maybe once or twice more), L applies for a Section 8 eviction citing breach of contract, two month wait, submits court forms, court hearing (possibly at T's expense), possession. Then what? There is just no need or benefit to making the situation contentious.

wtfisgoingonhere Tue 19-Jan-16 17:25:12

Woah woah woah all, I've just got out of work and seen the updates.

I'm not being, or intending to be a dick, or make things difficult for anyone. I am not trying to be awkward.

I am fully aware of my contract and I CAN be given 2 months notice (on a rent due date) after the first 6 months (now) but just didn't expect to be. (And haven't been YET just made aware of the situation)

I'm not being difficult or refusing anything and would prefer (the few of you who did, didn't imply it. )

I would dream of telling landlord or letting agent to fuck off, I am simply very upset that after finally thinking things had settled down and were starting to improve for us I get this call

I agreed to the viewing on Thursday and I will be helpful and pleasant as I would in any other situation, I was just hoping an investor would snap it up and we could stay

I am frustrated as it's not as simple as 'just looking for a house' as those rentals marketed now will want people in within weeks (which is what we had to do for current propety) and we haven't the money to pay rent on 2 properties.

I guess I just wanted a sounding board, and did warn i wanted a bit of a moan !

I know I don't own the house, and the landlord does, and that things change, I was just hoping to stay longer than 7 or so months. We started redecorating (with permission ) and are good tennants - we've never been evicted, never made a late payment, never damaged a property etc

I felt the call from them re taking photos implied we had no choice (I didn't mention that I know) - and I don't like the idea of pictures of all our things being posted online.
I also mentioned to them that the upstairs is very untidy as we are awaiting a contractor they arranged to fix the upstairs windows and so everything is stacked up all over in the spare room - not exactly a selling point for them
I even offered to send them the pictures from when we moved in which I had downloaded as they show the house in a better light but they still refused.

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