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AIBU?

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AI (well, we) BU or is he? (Ending a tenancy)

8 replies

SelectAUserName · 03/02/2014 20:08

Sorry, another (long!) rant about moving. Blush

We have been in our current rented house for almost four years. Our LL has mostly been fine and sorted stuff out when we've needed it, with the exception of a condensation/damp problem that we've mentioned a few times but not made a huge thing about. He loaned us a dehumidifier the first time we raised it, shortly after moving in which keeps the worst of it at bay in the bathroom, but obviously at the cost of extra electricity for the past 3.5 years! I'd say we've been good reliable tenants - never late with rent, treat the place like our own etc. We've added a garden shed, decorated in F&B neutrals etc etc.

We've been on 12-month ASTs with a two-month break clause. Due to my recent redundancy and subsequent relocation to take a new job, we've had to give notice and activate the break clause. We gave verbal notice and then followed up with written notice on 22nd Jan. We advised that we'd be moving out no later than 21st Feb; in the event we're moving next Wednesday (12th). Early in the week of 17th Feb we plan to pop back for the day to arrange professional cleaners as per our agreement, as we have pets. In our written notice we explained this, said we'd return the keys no later than 21st and would look forward to the return of our deposit either at the end of the second month or when the property was let, whichever was the sooner.

The LL's letting agent rang at the end of the week we gave notice asking if he could come and take some photos. We explained it would be tricky as we'd already started go have a big clear-out and there were boxes everywhere (we have a lot of crap!) but we also pointed out that they actually already have photos of our house as when the next door property (also owned by our LL) was advertised by them a couple of months ago, the photos were of our house. He also asked to arrange a viewing for last Monday; obviously we agreed but explained again about the boxes/mess - which is obviously just "moving disruption"; emptied cupboard contents, plastic storage boxes stacked up etc, not general slovenliness! - and said the prospective tenants would need to be able to see past that.

On Monday morning he rang to cancel the viewing but booked another one in for Thursday. We tried to tidy up a bit so all the moving clutter was contained in a couple of specific places. At the exact time the viewing was supposed to be starting, when we were sitting around waiting for the doorbell to ring, the letting agent rang to cancel. Angry

This morning our LL sent a text asking if he could come round this afternoon to do a pre-inspection. It wasn't convenient so my DH replied saying as much and asking for a bit more notice. We then got a tirade in response saying we "didn't understand our responsibilities as tenants", he'd heard from the letting agent that we'd refused to allow photos AND viewings, the notice period was for him to organise all this etc etc.

AIBU to think that for the last few days we're living here we're still entitled to "quiet enjoyment" of the property and should have at least 24 hours notice if he wants to come round, that he has perfectly usable photos which were mistakenly used to advertise next door but are of this house, and that given we are moving out a full month before the notice period ends, he has plenty of time to arrange what he needs to? (WIBU to also tell him his letting agent is a lying arsehole...?) Or is he perfectly within his rights?

We've agreed he can come round tomorrow morning - we don't want him to think we've got something to hide - but I'm spitting feathers about his attitude.

Well done if you got this far!

OP posts:
ALittleStranger · 03/02/2014 20:12

Ring Shelter, but plenty of tenancy agreements say that the tenant has to give the landlord and agent access for viewings and marketing during the notice period.

It's not that much of a hassle is it? It's no skin off your nose if people look at it and think it's too messy so I'd just let them bring people in but carry on with your plans and clear out.

SelectAUserName · 03/02/2014 20:17

The point is we haven't refused viewings. The letting agent has arranged two, cancelled two and then told the LL that we've refused to agree to them which is blatantly untrue!

OP posts:
tiredoutgran · 03/02/2014 20:18

Yes you are entitled to peaceful enjoyment and he (and agents) should give at least 24 hours WRITTEN notice of any intention to require access to the property.

There is probably something in your TA about allowing access for viewings but the same thing applies regarding notice. I would recommend that you take lots of dated photos after the deep clean ready for your deposit claim as, if he is pissed off with you he may try to be awkward over it. BTW, your deposit should be returned to you within 10 days of the end of tenancy! He is being VVU!

BrianTheMole · 03/02/2014 20:21

Are you paying for that last month but moving out? If so you are perfectly entitled not to have any more viewings.

WooWooOwl · 03/02/2014 20:22

I would tell the ll what the agent has done. If he's been lied to then he probably thinks he has reason to be slightly less pleasant with you than usual. He won't want the agent to act like arseholes any more than you do.

SelectAUserName · 03/02/2014 20:25

Thank both. Yes Brian that's exactly it - we move out on 12th Feb, get place deep cleaned on 17th or 18th but are paying rent until 21st March unless it is let in the meantime. Obviously it's to our advantage to get it let quickly, which is why we agreed to the (cancelled) viewings, but we're mentally prepared to pay that month's rent and so we don't think it's unreasonable if he has to wait a week when he's then going to have potentially five weeks at our expense to market a lovely empty professionally-cleaned house!

OP posts:
jigsawlady · 03/02/2014 20:38

I had this with a property I used to rent. Was living on my own, was 20 years old and once I'd given notice they'd ring up in the morning and ask to send someone round for a viewing that afternoon. The LL didn't want to have to show people round and the letting agency told me it was my responsibility to!!!

It generally was a tip or inconvenient but even when it wasn't I started to refuse all requests with less than 24 hours notice.

I just resented paying the same amount in rent for the last month and feeling like I could hardly use the house.

MooMaid · 03/02/2014 21:13

If you're going to see the LL I'd politely explain that there must've been a mix up because you've made the house available for viewings etc but the LA kept cancelling!

Don't worry if your 'crap' is everywhere, anyone moving in will be able to see past that and if they can't - not your problem!

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