to refuse viewings on our house?

[BobFlemming]

It's rented. Our insurance company pays the rent and it seems that the work that needs to be done will be more extensive than first thought. We all thought we would need the house for 8 months. The rent was advertised at £2600 a month, but because we only wanted a let of less than a year the landlady said we could have it for £2800. And she wants £56 a month for a gardener fortnightly who has yet to show up, but that's another issue.) So she's getting £2856.

So, we took the house in November, for 8 months through Letting Agent M. And then realised it's ALSO up for sale with Estate Agent H. So we said that before we signed the contract we wanted the tenancy agreement altering so that we are willing to show buyers round for the last 2 months of the tenancy (standard) but only on a Monday (not standard but that's what works for us.) Landlady agreed, but dithered a bit before she signed the tenancy, despite taking a huge deposit. The letting agency said privately that she does their head in.

And then on Sunday a woman turned up having seen the house advertised via estate agent H, and wanted to view. No appointment, nothing, so my mum, who was here whilst we were out, feeding the dogs, said no, go through the agent. Then the same woman came back at 7pm and tried to get my husband to let her view - very pushy, "don't worry if you haven't tidied up" etc. He declined. She said she would be putting in a "cheeky offer" anyway.

Our insurer has indicated that we won't be back in our house until mid October earliest and suggested we extend the tenancy until the end of Nov. Fine. We are ok with this and today I contacted the letting agent to let them know and ask if they would speak to the LL and draw up the paperwork. I also mentioned the woman trying to view and they took a dim view of it and said they were trying to get the LL to sign up till November and that be that. I've called a few times to try and find out what's happening and one of the other office staff let slip (I think) that the LL is disappointed that we wont allow more viewings, every day rather than Mondays. I said that's what we agreed to in the tenancy agreement, and we needed to know whether she was going to sell (in which case we would give her notice and find something else) or carry on renting to us! She can't have it all ways surely??

In our Tenancy Agreement it says we only have to allow viewers in the last 2 months of the tenancy but then there's a codicil saying "only on a monday"so I don't know if that means ANY Monday or just the last two months' Mondays.

Anyway, I think she should decide if she's selling, or take it off the ,arket until September. Shit, or get off the pot, as they say! AIBU?

(of you are still with me, well done. Here's a virtual Prosecco.)

[BobFlemming]

Chatty, yes that's right, the current AST ends in June, but the thought of having to fight and argue to stay in the house till November on top of everything else is just too much I think.

I spoke to our relocation agent earlier and they indicated that in theory they might be willing to pay her a bit extra in return for extending the tenancy BUT they are fully aware they're already paying an extra £256 a month which is what she demanded because at the time we couldn't commit to a 12 month let! So she's already over egged it.
And the bloody gardener! Still no sign. Waited in all morning, nada.

[BobFlemming]

Eurgh, don't know what that posted twice!

[AgaPanthers]

Yeah legally if you let your tenancy agreement lapse, then it reverts to a periodic tenancy. You don't have to sign a new agreement, or leave, just keep paying the rent and you can leave on a month's notice.

[BobFlemming]

They seem to work on 6-12 months here.
Latest in saga - letting agent went to see sakes estate agent and had a row. She said they are "bloody thugs" and that they shouted at her saying that the landlady had told them they MUST get that viewing done! Letting agent said she wouldn't release the keys without my permission, which she obviously doesn't have.

Then letting agent rang landlady and said that all we wanted to know was if she would extend the tenancy or not. And letting agent naughtily said that we might agree to the viewing if she would make a decision about what she's doing with the house ie selling it or renting. But landlady said she "couldn't make a decision like that" and said that if we didn't allow viewings she wouldn't be likely to renew the tenancy! Letting agent pointed out how silly that is, and that she's cutting off her nose to spite her face and that we would just move.

So we are at stalemate.

[Chattymummyhere]

Surely after your fixed period in July it just swaps to a rolling contract so you don't need her permission she would then have to evict you witch would buy you at least 2 months so to September but if you refused to leave it would then have to go to court so October/November before you would actually be out... If you have an assured short hold tenancy..

Post on landlord zone (it's for tennants too) and ask for advise.

[DonkeysDontRideBicycles]

This must be doing your head in, I really hope an alternative home comes up for you in the neighbourhood soon, .

[BobFlemming]

They seem to work on 6-12 months here.
Latest in saga - letting agent went to see sakes estate agent and had a row. She said they are "bloody thugs" and that they shouted at her saying that the landlady had told them they MUST get that viewing done! Letting agent said she wouldn't release the keys without my permission, which she obviously doesn't have.

Then letting agent rang landlady and said that all we wanted to know was if she would extend the tenancy or not. And letting agent naughtily said that we might agree to the viewing if she would make a decision about what she's doing with the house ie selling it or renting. But landlady said she "couldn't make a decision like that" and said that if we didn't allow viewings she wouldn't be likely to renew the tenancy! Letting agent pointed out how silly that is, and that she's cutting off her nose to spite her face and that we would just move.

So we are at stalemate.

[AgaPanthers]

18 months? I thought everything was done on 12 month ASTs.

We always get a 12 month AST with a break clause.

Are paying £1500 PCM for 4 bed detached in Surrey.

[BobFlemming]

It's a lot of money isn't it? Thing is, there isn't that much at that price because it's a semi rural area. In fact a quick look at rightmove this morning and there's only one thee and they are looking for a long term (18m+) tenant, although I think most people might be flexible at the right price...
Yes the insurance covers it.

[AgaPanthers]

£2800 PCM is a high rent. Should be plenty of choice at that price.

I hope the insurance company is covering it in full?

When it does come towards the end of the tenancy I would be very reluctant to allow viewings, having people poking round every Monday would drive me mad. No need for it at all.

[BobFlemming]

Have just had a good read about Quiet Enjoyment! I quietly enjoyed it!

TeamEdward, I think that was implicit in our response!

[mousmous]

btw. it doesn't matter what the contract cays regarding viewings.
it is your home and if you don't want to you don't have to let anyone in. except for blue light emergencies.
google 'quite enjoyment', shelter has useful info on that on their website.

[BobFlemming]

Update: spoke to the agent who is selling, he said not to worry, there would be no viewing on Monday (today). They said she had messed them about loads, agreed to a let at £2300 and only when the prospective tenants had paid their fees, decided she wanted £2400 so that fell through and they took somewhere else. Then she turned down a firm offer of £700k, which is still more than it's worth. He called her a "greedy bitch."

I was away this morning but mum was at mine and said the selling agent, despite the conversation we had had, rang our landline and tried to get her to allow a viewing at 10am!!! She was upset and kept saying "no I know that's not what my daughter agreed" and said they kept pushing and saying "it'll only take a few minutes, just get it out of the way." She stood firm.

The letting agent then rang me and said that the landlord was complaining to her that we weren't allowing the viewing. The letting agent said that we were a) waiting for her to make up her mind about extending the tenancy and b) weren't obliged to do any viewings until May and June, and anyway why would we if she couldn't be straight about if she was selling!
Landlady said that she refused to make a decision until the viewing was done, which makes me think she's not going to extend anyway. Discussed with (apoplectic) husband who said "tell her to get fucked."
So I rang back the letting agent and politely explained that "my husband isn't minded to do any viewings as it stands, until May or June as per our contract." Letting agent laughed and said "I don't blame you!"

So there we are.

[BobFlemming]

Well yes, if we can, till November. But, I can't be doing with being pissed about, and given the not insubstantial amount she's getting, she needs to either make nice or we give her notice. Am cross every time I think about it!

[Joysmum]

Good for you. Well done.

Now what comes next? Do you still want to stay?

[FrequentFlyerRandomDent]

OP, well done one asserting your rights.

I have to say that I almost chocked in surprise when I read an estate agent saying "all [the LL] thinks about is pound signs".

Given they are on commission on the overall house sale price, she must be very bad.

Although as th Freakonomics guy said, estate agents want a quick sale, not the best price.

[BobFlemming]

She's got some nerve that's for sure. Or she's very thick and for some reason doesn't think "rules" apply to her.

[NK2b1f2]

That LL is incredible. What a cheek!

[BobFlemming]

All noted, thankyou!

I rang the estate agent who is selling the house. I asked him to confirm everything he'd said to my mum and then I said "right, I am actually the tenant, our tenancy is a fixed term of 8 months and ends in June. We don't have to take viewings until the last two months and I want you to know the whole situation." He stuttered a bit and then fair enough , listened very carefully, and I told him everything. How much we pay, when, the fact we're paying extra, even the stuff about the gardener. He thanked me and said that there would be no viewings whilst I was in it, he said he'd been lied to by the LL (which I believe) and said they didn't have a key and would cancel the viewing on Monday. I said good, there will be no viewings until May earliest and that we really needed to know if she was going to extend the tenancy or we would have to find a different house for 6 months. He said she was really difficult to deal with, she had upset his boss, and had ignored their valuations and the reason it hasn't sold is that it was on at far too much . He said "all she thinks about is pound signs" so I pointed out that she's likely to lose her tenant and not get a sale the way she's going on. He said he'd be telling his boss they needed to take it off the market, and that he didn't want his time wasted anymore than I did. He's taken my mobile number and said not to worry.
Phew. So hopefully that's that as far as the Monday viewing goes. What a silly mare this woman is. - she's just pudding off everyone!

[Hissy]

Btw, you have every right to change the locks to protect your home.

You don't have to allow any access for anyone at any time.

Trust me, have investigated this for myself, and it's true.

[Hissy]

Is the TA for a fixed period ? If you are still in your fixed ast part, They can't do this.

Suggest you send a copy of your TA to the estate agent so he can see it can't be ended and that actually the house needs to be withdrawn from sale for now.

[PenguinBear]

I'd change the locks op!!

[Joysmum]

I too would contact the estate a agent making it clear that according to your tenancy agreement, your tenancy ends on XXX and started that no viewing until within 2 months of that date and only on a Monday and they do not have you permission to enter your home before then.

I wouldn't mention the rolling tenancy aspect if you don't get a section 21 or decide to leave yourselves if you do want to chance your arm and try to spin it out. Danger of that is that the shorter the time you have before ending this current tenancy and moving into your new home, the harder it will be to find a stop gap as many LL's won't do less than 6 months.

You'd other option would be to see if it suits your LL to end the tenancy early if you can find a suitable house and then be able to take a 6 month tenancy on that. I've ended tenancies early before for previous tenants despite it costing me money to do so. You never know.

[BobFlemming]

Thanks all! Right, I rang the letting agent who nearly blew a gasket, and said that as you say, I should consider changing the locks and that she would be ringing the landlady on every number available to tell her to knock it off. She said she had sent LL an email pushing for an answer and the reply she got said "I have no answer to that question." What???

She said she wouldn't be releasing any keys to anyone and when I said they were telling people the tenancy is ending soon , she was appalled. So the LL will be getting a flea in her ear.