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AIBU?

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Original poster

To be really fucked off with the estate agents?

44 replies

CundtBake · 07/05/2014 20:27

The flat that I rent has been put up for sake. DS and I moved in about 2 years ago.

We signed a new lease in January, and paid for it to find out two days later that the landlord had decided to sell (grr).

I've gone over and over my tenancy agreement and it looks as if I'm not allowed to give notice to my landlord if I want to leave, he has to give me notice or I wait until my contract is up (not til the end of the year) so at the moment I'm stuck waiting not knowing when I will have to go or not while they have lots of viewings and try to sell my flat.

A few weeks ago a couple turned up at 9.30am on a Saturday for a viewing nobody had told me about. The estate agent that arranged it hadn't turned up either. They were very embarrassed and apologetic so I let them in and showed them round but I phoned the estate agents and complained as did the couple. I was told it wouldn't happen again.

Today I went out in the morning for the day and didn't check my phone a lot (was busy with DS). When I did check it I had a text confirming a viewing at 3.30 I'd not been told about. It was 3.45 by this time and when I called the estate agents I was informed that the viewing was going ahead at that very moment.

I'm really upset that they let themselves into my home without me knowing. I wasn't prepared so the place was a bit of a tip but regardless I feel so violated. I let them know I hadn't been informed and they said they'd look into it but tbh I'm not expecting much results as it's happened before.

I'm sick of feeling like an inconvenience in my own home it's making me miserable. The estate agents couldn't give to shits about me now that they're trying to make more money off of my flat but I'm still paying very high (London) rent to live here and I feel I should still be entitled to relax in my own home.

I don't feel like complaining to he estate agents will do anything as I've done so twice and they don't seem to give a shit about me anyway.

What do I do?

OP posts:
Original poster
CundtBake · 07/05/2014 20:42

Bump?

OP posts:
FourAndDone · 07/05/2014 20:43

The agents have to give 24 hours written notice before entering your home, unless there is an emergency (burst pipe pissing water everywhere etc) so they are already breaking your contract. Personally as a tenant myself I would call the police!Shock

DontPutMeDownForCardio · 07/05/2014 20:44

Are you sure theres definitely nothing you can do about giving notice and finding somewhere else? Id hate to be in the situation you're just waiting for someone else to say ok get out now. Seems they're all treating you shoddily if you could just get out then leave them to it?

Original poster
CundtBake · 07/05/2014 20:46

I thought that only applied to landlords?

I forgot to add that my landlord also turned up the other day unannounced wanting to have a look at where some damp had been in my bedroom, I didn't let him in but really pissed off he thought he could just turn up like that.

I've never had written notice from the estate agents they just call and ask.

OP posts:
OldLadyKnowsSomething · 07/05/2014 20:47

You are entitled to peaceful enjoyment of your home. Change the locks and tell them no more viewings until January, after you move out.

Fucking cheek.

Bowlersarm · 07/05/2014 20:48

There has to be a break clause in the contract,on either side, surely?

Littledidsheknow · 07/05/2014 20:49

Sounds like a complete pain in the arse, OP... I'm sure you can REFUSE to have people in while you're renting: it's your home.
Also, it's unusual for any contract not to be reciprocal; e.g. if one party has to give 3 months notice, then so does the other.
I think you need to get some advice from someone who knows what your rights are, so that you are not being walked all over.
Hope this situation improves for you x

Mabelface · 07/05/2014 20:50

They can't just let themselves in! They have to, by law, give you 24 hours notice and you don't actually have to allow viewings if you don't want to. I would be visiting their offices and demanding a meeting with the manager. I'd not be quiet about it either.

Bragadocia · 07/05/2014 20:51

If you've signed for a fixed term, you cannot be made to leave until the term is up. Is the landlord selling it as a 'with tenant in place' type arrangement?

TheEnchantedForest · 07/05/2014 20:51

The agent can only enter with your permission. You don't have to allow any viewings but if you are feeling generous you could say that you will allow viewings every Sunday between 2-4pm for example. No other additional times.

You are paying to rent the flat and are entitled to 'peaceful enjoyment' of it.

FourAndDone · 07/05/2014 20:51

I'm with an agent and always get 24 hours a week written notice before inspections or a call from repair man a day or 2 before asking what is a convenient time.
If you are in a contract until the end of the year then surely they have to give notice now or wait until contract is up??
Agree with above poster. Refuse viewings until you get more information about what is going to happen!!

passmethewineplease · 07/05/2014 20:52

YADNBU, they sound incompetent.

DontPutMeDownForCardio · 07/05/2014 20:52

Maybe start making a nuisance of yourself - one of the houses I wanted to view when I was looking, had a tenant in situ who was refusing to play ball, wouldn't allow photos to be taken and wouldn't let viewings happen except at very odd times. The landlord might decide you're more trouble than you're worth.

I would just say I have no idea if that's in any way illegal or anything, but it would be tempting for me.

RandomMess · 07/05/2014 20:53

I too think you have more rights than you think over this issue. You have to be reasonable but so do they too!

WhenIGrowUpIWantToBeAPenguin · 07/05/2014 20:54

You have a statutory right to "quiet enjoyment" of the property which supersedes any clause in your contract which says you have to allow viewings. This means that technically you can refuse all viewings, although obviously this is not going to help your relationship with your landlord, especially if you need a reference.

Alternatively, you can use this statutory right to lay out some ground rules as to when you are happy to allow viewings, e.g. one night per week or only Saturday afternoons - whatever suits you. Be sure to quote your right to "quiet enjoyment" to show you know what you're talking about. Worthwhile doing this, or following up a conversation in writing (recorded letter or email) also to ensure you have a record .

If they persist in ignoring your wishes, you can also change the locks - as long as you keep the original locks and replace them before you leave. I would probably use this as a last resort though.

aquashiv · 07/05/2014 20:54

Are you in contract now. You can give notice if not. You do not have to let them in.

PinkLemons · 07/05/2014 20:56

You don't have to allow viewings except at a reasonable time for you. You would be perfectly within your rights to say, for example, only on a Saturday between 10am and 12pm.
You are perfectly entitled to break your contract under the same conditions that the landlord has set for himself. If he has allowed 3 months notice then you also have to only give 3 months notice.
If your contract does not say anything about selling and you have signed for a year then he cannot simply turf you out when he has sold. He either has to give you the statutory, as per your contract, or wait until your renewal date.

SassyPasty · 07/05/2014 20:57

OldLady is absolutely correct - you do not have to agree to viewings whilst you are tenants in the property HOWEVER if you are reliant on getting a good reference for your next rental you may wish to compromise with the agent/landlord and agree to certain days/times to suit you. Write (pen and paper) to the agent and the landlord setting out what is agreeable to you - that might be NO viewings until your tenancy period ends, one evening/weekend morning per week, whatever suits and you can also insist that they are not to enter the property unless you are present.

Change the barrel of the locks, keeping the old one to replace when you move on - if they complain about this then the only way they would have found the change is if they attempted to enter without your permission Wink

Alternatively, you can broker a deal with your landlord - ie financial compensation to move out so he can sell the property with vacant possession?

May I suggest the money saving expert website (house buying thread) as an excellent source of info for just this sort of scenario.

Good luck and stand firm - whilst you are paying rent, it is your home and as such you have a say on what goes on Smile

londonrach · 07/05/2014 20:58

Legally they have to give 24 hours!!!! Also you gave a rest of peaceful leaving or something....

londonrach · 07/05/2014 20:59

Contact cab. They broke in........

londonrach · 07/05/2014 21:00

Living not leaving..

expatinscotland · 07/05/2014 21:07

Glad you got some good advice.

Raskova · 07/05/2014 21:07

This is all hugely illegal.

They must give 24 hours notice

A contract is a contract. Even death of the landlord doesn't mean you have to find another house, until the contract comes to is natural end. He cannot sell it from under you!

Shelter are your best bet. I can't tell you how much they helped me

specialsubject · 07/05/2014 21:07

what everyone says - and there is no legal period, it is 'reasonable' notice. You don't think it is reasonable, you say no.

the 'no access without permission except in an emergency' applies to everyone (not just landlord), same as it does if you owned the place. It is your home.

Most importantly, the sale of the place does not affect your lease. Any new owner just becomes your new landlord. If the lease is for a year with no break clause then you do not have to go anywhere. Your landlord was nuts to set up the lease and then put the place on sale!

so, first - contact your landlord and make sure he knows that his agents are doing this, and it must stop. Then tell the agents that it stops, right now.

then, once the break-ins have stopped, decide what you want to do - stay for the year or ask to be let out.