why me

[wtfisgoingonhere]

Ok so I'll start off by warning you this this is a bit of a moan but want to get it off my chest.

Considered a name change but won't make a lot of details as background will probably out me anyway

So me and DH have had a pretty shitty 18 months or so with him suffer MH issues culminating in him being sacked at work and an ensuing battle to raise an ET claim for discrimination.

I've had bad times too where things got too much and was also signed off with depression for a few weeks last year

Managed on one income and either ssp or esa for a long time and it's been hard. Moved to a smaller house (rented) to save money but the move itself cost a fair bit which we are about even on now (overlap in rent, ref fees deposit etc)

Finally starting to feel we are 'coming out the other end ' and feel a bit more positive when we get a call from our letting agents to say landlord is selling up

Hit me like a ton of bricks and ended up in tears. Know these things can't be forseen but prev tennants were there 3 years and we made it clear we wanted property long term

Can't face the stress and cost of moving again. Not a lot on market at mo that's even close to current place, and nice properties are much more than we can afford.

Worst thing is we asked to sign for 1 year contract and they said they all are 1 year with a standard 6 month break clause. We've just hit 6 months so basically haven't even got a definate date but know that on any rent due date we could be given 2 months notice.

Letting agent tried to be encouraging saying another investor may buy it but it's not even advertised yet and we have a viewing Thursday for people who want to live there themselves

Sorry to wallow I just feel so shitty

Just read your update OP.

Sorry. I think a bunch of us have thread hijacked a leetle.

Er, no, you're not being unreasonable to be peeved (or worse) about all this.

This happened to me a few years ago, and an investor did buy my flat and let me stay on. I'm glad you've decided to be reasonable and co-operative - I did the same, even though I wanted to tell them all to fuck off. If an investor does buy, they will ask the previous owners if the tenants are good or not. If you have created any hassle at all, then the new investor will give you notice. Be nice and co-operate and cross your fingers for an investor!

because if their circumstances change and they have to sell, people get narky about viewings, moving etc

Why shouldn't a tenant get narky about being forced out of their home, and on top of that, being expected to let any number of people traipse around that home, and let people in to take photos of it?

All tenants are entitled to "quiet enjoyment" of a rented property. Which means that yes, they can tell the photographers, estate agents, and viewers to fuck off if they want to. You do not get to take full rent from a tenant AND have it available to view by prospective buyers. Thats trying to have your cake and eat it to.

And I say all that as an ex-landlord. And renter.

It was clear you just wanted to sound off and weren't going to be a dick. You've had a very bad run of luck. Maybe there are some local Housing Assc. that can help if you need somewhere to live.

I hope things pick up for you soon.

broken- I have rented for 15 years, and I have never yet seen a contract that did not specify that with due notice the LL or their agent could show the property to the next set of tenants or prospective purchasers.

"Citizen Advice says the following on the matter:

If your landlord wants to enter your home for any other reason, for example, to show round a new tenant, they can only do this with your agreement or in accordance with any reasonable term set out in your tenancy agreement.
Note, it says “with your (the tenants) agreement”

this even states according to terms set out in tenancy agreement!

and wtf you hadn't suggested you were going to be a dick about it, I know.

IT says reasonable term set out, reasonable is subjective and in arbitration no tenant would be held to such a course.
Its common sense. While you are recieving rent for a property, it is their home and you can't traipse people through it.

Thanks all. Just got back online as met sis for dinner and a rant!

I don't want to be "one of those people" who is all woe is me, but bloody hell, can't we have 6 months with no hassle, LL cam just not renew at the end of the full 1 year term!

People viewing Thursday want to live in property. Fingers crossed they won't be interested will buy next door which is 2.5k less with an extra bedroom and that a lovely long term investor will come along instead

IT says reasonable term set out, reasonable is subjective and in arbitration no tenant would be held to such a course.

Yeah, but the contract (unlike the CAB guidelines) will usually specify 24/48 hours, not "reasonable" - for the reason you set out.

Separately, if these things escalate they don't go to "arbitration", they go to an overworked county court judge who has seen enough horseshit from both landlords and tenants to have a fair grasp of what's reasonable.

And they will always fall back on quiet enjoyment, every time.

ps, what do you think a county court judge does if it isn't arbitrate?

I really think whilst I would let people around to view I would not be happy for photos to be taken with all my stuff around in a mess!!! I'd be mortified.

I would go back and state you need 2 weekends to get the house in order or similar.

Sorry to hear about your DH mental health problems. I can't offer advice on your tenancy but having been in a similar situation with my DH who has MH problems he has been able to claim PIP which is not affected by my income or whether he returns to work. Not sure if your husband would qualify but it has allowed my DH to focus on getting better before he returns to work rather than being forced to for financial reasons.

And they will always fall back on quiet enjoyment, every time.

Here are some things that courts have had to say about quiet enjoyment Viola :

"A landlord who covenants to give quiet enjoyment undertakes that during the tenancy he will not interfere in a substantial or serious manner with the tenant's possession and enjoyment of the demised premises." (Kenny v Preen)

"A breach of the covenant for quiet enjoyment does not arise merely from a temporary inconvenience which does not interfere with the estate, title or possession of the demised property." (Phelps v City of London)

In short, yes, tenants have a right to quiet enjoyment, but it's qualified, not absolute (Preen again). And it's pretty unlikely that a landlord correctly using his contractual right to try to access a property once or twice is going to find himself undone because of the tenant's right to quiet enjoyment.

I know that the OP isn't heading this way, but I wanted to come back and correct your point. I'm a lawyer (commercial property). I volunteer at a CAB-like organisation in the evenings, mainly doing tenant law. I'm a landlord. In every context I've had people do stupid shit on the basis of a wildly inaccurate understanding of their rights and obligations as landlords or tenants. The law provides useful ways for tenants to protect their rights and guard against idiot landlords, but most of that gets lost in the sea of BS.

Its not once or twice though.
Its already twice this week, and obviously they will be hoping for many viewings. The op does not have to facilitate the landlords house sale in this manner.
He could try offering reduced rent to ameliorate the inconvenience, and ask nicely for a start.

Op, I feel for you. I think in your shoes I would permit some viewings but would be quite strict on how frequent. When we were in a similar position we did refuse a few short notice viewings, not to be awkward but because we had (allowed!) indoor cats and did not want anyone in the house without us, in case the cats were let out by some nudity not paying attention.

I think it might be worth a frank conversation with your landlord about the position you're in. If they want you to be flexible they need to be flexible too and I'd possibly be angling not to be held to contractual terms on notice etc in exchange for permitting viewings etc.

in case the cats were let out by some nudity

One would hope not!

You have my sympathies OP. We're renting right now and are very lucky that our LLs are as good as we are tenants, but i know how stressful it is not being in command of your own fate.

If push comes to shove over having people viewing the place i'd make sure i was always in, for a start, and then casually mention the -

-rowdy neighbors
-constant trouble with drains on the street
-awful trouble parking
-rumors of motorway being built close by
-planing permission being sought for industrial building/cow shed/factory behind the house

• etc ect ect

See a solicitor and check your rights. Property is very hard to sell with sitting tenants. Also go to local council and housing association. You're going to be potentially homeless and need to go on their list. Good luck.

Lol, nudity was clearly not what I intended to type but I can't for the life of me think what was and how auto correct came up with nudity!