Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to refuse viewings on our house?

81 replies

BobFlemming · 05/02/2014 22:20

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.)

OP posts:
BobFlemming · 06/02/2014 10:10

I suppose you're right. I've tried putting myself in her position and I just think I'd be more certain of what I was looking to achieve - sell, or take an income from it.

Am so fed up and tired of the uncertainty and we were starting to settle nicely but the thought of moving again makes me feel physically sick. Sad Maybe I just needed a moan.

OP posts:
Mineisthefinalword · 06/02/2014 10:14
Cake

Just think...by Christmas you'll be nice and settled in your own refurbed house/home!

BobFlemming · 06/02/2014 10:19

I hope so. Do you know how long this has been going on for? Years. The original claim was in 2008, the works to fix it actually damaged the house structure and we moved out again in 2011 for what we thought would be for 10 weeks, and we're still not home. It's unreal. If anyone else told me things could drag on like this I'd just assume they were fools who couldn't progress a claim but the tender process has been very complex, not to mention a legal battle which ultimately we have won. This house is nice, I thought I could relax a bit and then that bloody woman turning up saying she's going to put in a cheeky offer, has thrown me somehow.

OP posts:
expatinscotland · 06/02/2014 10:22

I'd move in June. Sorry, she sounds too big a pain.

BobFlemming · 06/02/2014 10:33

She is indeed a PITA. The dishwasher didn't work when we moved in, it was even on the inventory as needing repair and instead of getting it fixed, she kept emailing copies of the manual!!! In the end the letting agent had to send their repair man and bill her afterwards.

Her previous tenants must have watched too many episodes of Changing Rooms because two rooms have hideous badly done "paint effects." We asked could we just paint them with magnolia and she emailed back saying "only if done to a professional standard." And the bloody gardener she insisted on, just doesn't show up, ever. The letting agent has been on to her repeatedly and she eventually said that she had assumed he would come every 2 weeks because he had in summer and that she would sort out a refund against any dilapidations when we move out! The letting agent have explained that's not how it works, but that's possibly a battle for next week. None of this makes me amenable to viewings!

OP posts:
Mineisthefinalword · 06/02/2014 10:34

Yes I think I was be spitting fire at that too!

Mineisthefinalword · 06/02/2014 10:34

WOULD

FFS

BobFlemming · 06/02/2014 10:38

Mineis, do you have enormous fingers? Grin

OP posts:
NK2b1f2 · 06/02/2014 11:26

To answer your question OP, you are not unreasonable to refuse viewings. Just point to the contract and politely decline. What you can't do though is to expect your LL to take the house off the market because it's more convenient for you.
She sounds hard work though... I'd start looking for something else.

Mineisthefinalword · 06/02/2014 11:43

Mineis, do you have enormous fingers?

Yes, they match the rest of me Grin

Joysmum · 06/02/2014 11:53

If your TA is the same as ours, doesn't have to make a division until a minimum of 2 complete months prior to the end date on the tenancy agreement. At that point she can serve a section 21 to regain her property at the end of the agreed tenancy period, you can just leave on that date without giving notice. Or you can stay until asked to leave and the tenancy rolls over on a monthly basis and you need to give a complete months notice, the LL needs to give 2.

So, until you get notice (assuming it's last minute notice from the LL) you don't need to allow viewings, nor vacate the property within the following 2 months, you can sit tight.

As always, get confirmation of this though as it's been a while since I've been in this situation.

SlimJiminy · 06/02/2014 12:03

She could be looking to sell if she can get the price she's after and rent until then? It really doesn't have to be as black and white as you're saying. She might have it on the market to establish how much interest there is? She could have an offer in the next week or it might be a year or two before anything happens. You can't possibly know. And neither can she.

She's being an arse about the gardener, but it sounds to me like it'd be in your best interests to keep her on-side, so why not stick to the viewings on Mondays during the last 2 months as agreed - THEN figure out the details of any extension to your agreement as and when it happens. Others are right when they say you can't expect an immediate decision from her just because it suits you to stay on.

Sounds like you've had a complete nightmare and I'd feel the same as you about moving again, but realistically that could happen and it's not up to her to make plans based on accommodating you. I know I wouldn't.

Redirected · 06/02/2014 12:05

if she wants to sell she should decide that NOW
^she wants it all ways"

I feel so sorry for anyone in your situation, OP, as have been there and its no fun. Sadly, the LL/Vendor is absolutely entitled to dither as much as she wants providing it does not breach your Agreement.
Its frustrating and annoying, but she has an absolute right to want things her way all the way, subject only to terms of the tenancy. Looked at from another viewpoint, she is just keeping all her options open for as long as she can.

A random 'viewer' is out of anyones control. Moaning about the frustrations of the rental is understandable, but you can't force the LL to commit to something if she is not inclined to at the moment.

BobFlemming · 06/02/2014 12:52

Thanks all. It's quite cathartic getting it all out. On the face of it we are very fortunate as it's a lovely place to live, but the uncertainty isn't nice.
The letting agent has just called and said that the LL is refusing to take her calls but that the estate agent is insisting that they have access to the house this Monday for a viewing. The letting agent (who is like an extra formidable Margaret Rutherford type) said she felt duty bound to tell the estate agent that we don't have to allow ANY viewings until the last 2 months of the tenancy (ie May and June) and even then only if it's convenient, Grin and on a Monday, and they need to get the LL to clarify the situation for all concerned. The estate agent is cross but sort of agreed.

So now everyone is trying to contact the LL to make a decision on what's happening! Mwah ha ha!

OP posts:
BobFlemming · 06/02/2014 12:54

Thanks Joysmum for that clarification, I'm printing that off. Thanks

OP posts:
ArsePaste · 06/02/2014 13:03

You have the right to "peaceful enjoyment" during your tenancy, which means you can refuse any viewings not arranged with a minimum of 24 hours notice. And you only have to agree to any viewings at all during the final month (or two) of your tenancy anyway.

Belchica · 06/02/2014 13:45

Your LL can't have it all ways. I just sold a flat I rented and only started viewings when the tenants had given me their notice and agreed with them set viewing times.

Are you prepared to be flexible and open to bargaining?

You could tell your LL you will do a deal and will offer some flexibility on viewing times in exchange for a FULL refund of the gardening payments, to be paid immediately. She might be tempted by those terms and you'll get your money back without a fight/delay.

Saturday morning is very popular with buyers (and lets face it, your LL will not be able to make a decision about selling as long as she has limited viewers and therefore cannot gauge interest - altho this is of course not your problem). If possible, offer her a couple of hrs on a Saturday morning when you can take the family out and spend the money you have made back.

Cravey · 06/02/2014 13:50

You can refuse viewing apart from the Monday which you are already contracted to. However there is nothing you can do about extending the tenancy. Unless she decides to allow you to stay then that's it. It's her house at the end of the day so why on earth should she bend over backwards to make life easier for you. You have a contract. It's all simple really. The issue here seems to be that you are determined to stay as it's the easier option for you. That won't happen unless she wants it to.

Oriunda · 06/02/2014 13:57

I think you need to be flexible on viewings. Most people want to view on a weekend, a Monday is difficult if you are working. If I were your LL I wouldn't extend your tenancy if you were making it so difficult for me to sell my house. If you offer weekend viewings (with stipulation that they are always accompanied by the agent) she may extend your tenancy.

Hissy · 06/02/2014 14:12

I think that the 'Cheeky Offer' woman was a chancer and came to your house without any arrangement, and as such you need to tell the EA that she trespassed on your home and that if she comes to your door again, you will call the Police. If she is the upcoming viewing, then consider it cancelled as she attempted to cut the EA out of the equation anyway and make a private offer, denying them their substantial commission.

Then reiterate that there are to be NO viewings as agreed as a condition of the TA until the last 2 months of your tenancy, and then atm these are only possible on Mondays. Your LL can't end the tenancy early, so the soonest she can give you notice will be 2m before the end of the tenancy period initially agreed upon. You can be as firm as you like until then.

WRT the gardener, inform the LL that you will be paying the gardener direct if and when they come and that you will therefore reduce the rent accordingly from now on.

If a gardener is a stipulation of your TA, then you can hire one yourself. If not then look at the inventory and make sure that you are only responsible for returning it in seasonal condition.

Look for somewhere else. This is going to be a nightmare and you have suffered enough. :(

FrequentFlyerRandomDent · 06/02/2014 14:25

On the plus side, given your rental history, you and your family clearly add value to any house for sale.

Have you considered renting yourselves out to LL who cannot sell their homes? The estate agents are bound to know of a few on their books.

Grin
BobFlemming · 06/02/2014 14:31

oriunda "I think you need to be flexible on viewings. Most people want to view on a weekend, a Monday is difficult if you are working. If I were your LL I wouldn't extend your tenancy if you were making it so difficult for me to sell my house. If you offer weekend viewings (with stipulation that they are always accompanied by the agent) she may extend your tenancy."

If she doesn't want to rent out her house, and wants to sell, fine. We can start looking for somewhere else. Our situation is unusual in that suppose she kept the house up for sale, we stay, and the tenancy drops into a rolling contract - if she then sold in Summer, we'd be given 8 weeks notice to try and find a suitable house on a mega short let. We are in a semi rural area and there aren't many houses so we'd either be fecking miles away, or in something too small, plus TWO more house moves! But what she wants is for us to tolerate that uncertainty and then sod off when it suits her.
As it stands we'll be forced to give her notice in May if she won't extend till November, and then take a 6 month let somewhere else, and she could be left with no buyer and no tenant, the silly cow.

Today I feel like selling up and buying a fuck-off sized Winebago and living in that instead.

OP posts:
BobFlemming · 06/02/2014 14:32

Hissy I shall be channelling you if I get any more hassle!

OP posts:
BobFlemming · 06/02/2014 14:33

Frequent flyer that's made me laugh! Maybe we are ver ver aspirational?!

OP posts:
BobFlemming · 06/02/2014 14:34

Arsepaste I love your name. It made me think of Acrid Bottom Gravy which is a favorite pseudonym of my brother. Ugh.

OP posts: