Just saw red re sale viewings...

[Littlemissindependent]

I posted previously about my LL putting my home up for sale and the disruption the viewings were causing.
I've just gone absolutely mental at 2 strangers who picked up the property details from the estate agents and took it upon themselves to dump their car outside my house and start wandering around my back garden!
I so rarely lose my temper but the effect this whole situation is having on my mental health is awful.
I feel absolutely trapped. I'm not in a financial position to be able to move privately, rent is extortionate and doesn't allow me to save anything. Council won't help me unless landlord serves notice on me and he won't do that while he's getting the rent paid every month. And if I were to stop paying rent to make him serve notice then the council wouldn't help as they'd say I've made myself intentionally homeless!
I'm just so bloody angry. I'm a good tenant, rent is always paid, property is spotless, I'm no hassle. And yet I'm being treated like crap and there's absolutely no regard for my feelings by my LL or the estate agent. I really don't know what to do, this is driving me insane.
Any advice??

[LottieL]

No advice but I feel your pain. My last rental I was in the garden pegging washing out and turned around to find a strange man standing in the garden with me not far away. Asked what he wanted and he said the house was for sale and wanted to ask me questions about the property, and come in to view.
We had been told the property was going to be sold but there was no estate agent with him, he and his wife just took it upon themselves to pop in. Needless to say I told him to piss right off and make an appointment through the appropriate channels. Funnily enough they never did.
Some people are just extremely rude. Perhaps contact the estate agents and the landlord, let them know that it isn't appropriate for people just to turn up and ask them maybe to put a note on market material that says appointments have to be made in advance to view. Apart from that there isn't much you can do unfortunately as the public are a law unto themselves really.

[JillyTheDependableBoot]

You don't have to allow viewings. At all, ever, no matter what your contract says. Tell your landlord you have had enough and let him serve you notice.

[glenthebattleostrich]

You are legally entitled to the quiet enjoyment of the property. Viewings interfere with that. The landlord can't insist you allow viewings.

[Jayfee]

I am sorry for that you are in a dfficult situation. Tell the landlord and estate agent that you will only allow viewings once per week. I don't know whether you can refuse.

Regarding the council housing situation, London area councils apparently now set their own housing priorities and also sometimes offer accommodation a long way from London. You might live elsewhere and things are probably very different for councils outside london

S

[wowfudge]

The landlord wants to have his cake and eat it. He should serve you notice and market the property once you have moved out. But of course he won't take the hit on the rent payments, which is ridiculous as it's just a question of cash flow for him really.

Write to the landlord and the agent and draw a line in the sand. Would you be able to get somewhere new if your deposit were released early and you were given a bit of a rent reduction? In which case you could as a quid pro quo offer to allow viewings on Saturday mornings as long as the EA accompanies them.

[Littlemissindependent]

Hi fudge I think you commented on my previous post! Requested both a rent reduction and an early deposit release (as you advised) and got a flat no in response to both
I feel genuinely trapped. Even if I put my foot down and say absolutely no more viewings, that's still not going to stop people turning up out of the blue as they did today. And it's not the first time it's happened. I'm constantly on edge, I hate feeling this way and there being no way out

[JillyTheDependableBoot]

OP, I know this is stressful but try to calm down. Contact the agent and tell them what has happened, and say that you consequently won't be allowing viewings. They will do themselves no favours by giving people the particulars for your house when they won't be allowed in to view it. If they let themselves/anyone else in, you can report them to the police for harrassment. Trust me, they won't do this. What they will do is give you notice to leave. This will mean you have to move, obviously, but you'll have plenty of time - if they evict you, it will take several months, possibly more if they've messed up your deposit protection at all. Have you checked the situation re your desposit and called Shelter for some advice?

[Littlemissindependent]

Deposit is protected through the correct channels. Have spoken to Shelter, Citizens advice and local council. I'm literally stuck.
The rent I pay is massive - no opportunity to save towards deposit, fees etc for new private rental.
Local council flat out refuse to help me while I have a roof over my head (understandable).
Only way Landlord will serve notice is if I stop paying my rent. If I do this then the council will not help me as they say this is intentionally making myself homeless.
I have requested rent reduction and an early deposit release and been turned down for both. Obviously my landlord doesn't want to lose his rental income and risk the house not selling.
If he got another tenant in then he'd have to give them a minimum 6 month tenancy which would mean he couldn't sell for minimum of 6 months.
It's a mess. I contacted the estate agent this afternoon and made them aware of what had happened, they just advised they can't stop people turning up of their own free will.

[FallenSky]

How are people getting in to your back garden? Is there a way to secure it? I'd be furious, bloody cheek of it!

I really, really recommend you completely refuse all viewings. You have the right to live in your home in peace.

[wowfudge]

Argh - didn't realise I'd given you the same advice previously OP. Have you been able to speak directly to the LL about all this, or is everything done via the agent?

[Rainbowqueeen]

Stop being nice to people who are giving you no consideration whatsoever.

Say no viewings. It will bring things to a head because no one will buy a place they can't look at so the LL will have to serve you notice.

for the stress

[Sistafromanuthamista]

If you refused viewings wouldn't that spur your LL into giving you notice? They are going to have difficulty selling if people can't view?

Put a sign on the backgate saying private property and put an external lock on to prevent people getting in.

You have my sympathies, I've lived in a rental when the LL sold the property. In the last property the estate agent actually expected me to show a prospective buyer around.

[Littlemissindependent]

fudge everything is done through the agent. It's made trickier as the letting agent/sales agent are the same company, just different branches of it.
fallen the back garden has a waist high fence to the side, even if I put a lock on it, people can still lean over the fence etc to undo it.
I'm worried that if the ll serves notice because I refuse any more viewings, the council may also see this as me making myself intentionally homeless. And while I don't wish to rely on them to help/house me, at the moment it is my only viable option.
I even spoke with the council about 'loaning' me the deposit etc for a new property until my deposit from here is returned... but they won't even consider that unless my ll serves notice!

[Littlemissindependent]

I should add, I have repeatedly asked the letting agent to let my ll know that I'd like to speak to him directly, but unsurprisingly, they're not remotely willing to facilitate this

[wowfudge]

Aha! Under section 1 of the Landlord and Tenant Act, the agents are obliged to provide you with contact details for the landlord if you request them. Now I think they can do so within 28 days, but it is your legal right to have them.

[wowfudge]

Just checked - they have up to 21 days and it's a criminal offence not to provide you with those details. I'd ask for them, point out the legal situation and write your LL a list detailing how poorly you have been treated.

[RandomMess]

This is really horrid for you.

So far as the viewing why don't you tell the estate agents you will allow viewings - say the first Thursday for the month and third Saturday - something like that?

Is it likely it may go straight to another investor?

[CotswoldStrife]

I can see that you are finding it stressful, but people can download the details from the web as well usually. We often used to drive past houses for sale (not go in to the garden, though - that is awful!) to see what they looked like from outside.

You can ask the letting agent for the Landlord's address (they have to give this to you within a certain timeframe) and write - do ask the LA for the details.

[Littlemissindependent]

Ok, so if I can get hold of my LLs details, what should I say to him? I've never had any contact with him in the 3 years I've been here.
random I definitely don't think an investor will buy it. So far all the viewings have been people who potentially want to live here themselves.
Still feeling stressed this morning. Think I'm going to find out if stopping viewings to get notice served on me would count as intentionally making myself homeless in the councils eyes and go from there. I just can't cope with the stress any longer.

[FallenSky]

It is perfectly legal for you to refuse viewings. No matter what your tenancy says. I wouldn't put it past the council to try to get out of helping you by accusing you of breaking your tenancy and making yourself intentionally homeless, however I don't think legally that would be correct. I agree, you definitely need to find out their stance on this.

[Gallavich]

Stopping viewings can't be considered making yourself homeless. For one thing, all the landlord will send you is a section 21 notice which is a no fault notice to end a tenancy so how would the council know you refused viewings? Secondly you have the right to refuse viewings in the law so any council who tried to blame you for that would be pulling a fast one and it wouldn't stand up to challenge.
Stop allowing viewings. Or if you feel generous limit them to one hour per week at your convenience.

[wowfudge]

I typed a detailed response then lost it. Spell out you have fulfilled your tenancy obligations. You have been reasonable in allowing viewings on xyz dates and times. Recount what happened with the people just rocking up.

State in law the LL or his agents are only allowed access in an emergency, whatever a tenancy agreement may state it cannot override the law, and you have the legal right to quiet enjoyment of the property.

You are now withdrawing your permission due to the disruption. You have been advised that in order to qualify for social housing you must wait until you are lawfully evicted by court order as you cannot afford the costs involved in moving to a new private rental without your deposit back now and a rent reduction.

Obviously you would prefer to resolve matters amicably but you understand your request of x date via the agents has been rejected by the LL.

Can the LL suggest any other way of sorting things out. If the agents have been heavy handed, rude, acted unlawfully then point out those things.

[Littlemissindependent]

Thanks fudge. And everyone else for the advice. Thing is, even if I withdraw my consent to viewings, it's still not going to stop peapple from just turning up and wandering around. I'm going to call council this morning. Depending on what they say I will then contact agent and withdraw my permission for viewings. I'll also make them aware that if anyone just turns up again and I find them on the property I'll report them for trespassing. Will write to the ll (provided I can get his details) and see what he comes back with.

[drspouse]

If someone just turns up, they are trespassing. So call the police, you have an intruder. Tell the EA you will be doing this and suggest they not give out particulars.

[Kiroro]

I'm worried that if the ll serves notice because I refuse any more viewings, the council may also see this as me making myself intentionally homeless.

No, you are totally within your right to refuse viewings.

Thing is, even if I withdraw my consent to viewings, it's still not going to stop people from just turning up and wandering around.

Not many people will actually come into your garden - if you do see anyone go mental at them.