To refuse the landlord to do viewings?

[charlieandthechocolatecake]

I am moving home soon. The majority of my belongings has been moved into storage until I take up my tenancy next month. I surrendered my tenancy during a 6 month AST. It was only after this that I found out I never had to sign a new 6 month tenancy. Now i have to pay my private LL 'fees' not listed in my contract. Anyway, I moved the majority of my belongings about a week ago. Landlord asked if she could do a viewing the same evening I moved. I allowed her but let her know I wouldn't be able to clean/repair any damage yet. Landlord emailed me the same night saying I needed to redecorated the flat. I came home to find the rest of my things moved to a corner. I didn't allow this. I still live there! In my opinion it doesn't need redecorating, I just need to clean and fix damage (screw holes etc). I didn't give her permission to do an inspection! I am spending the time between moving to my new house caring for my terminally ill aunt who will pass very VERY soon. Landlord has emailed me several times telling me she wants access to the flat for this that and the other. I have a month left on my tenancy and I would prefer it if she didn't access it freely until the last 2 weeks when the rest of my belongings have been removed and I can clean and repair any damage. Is this acceptable? I was open to her doing viewings without me present until she sent me an inflammatory email after the first day I moved my things. I'm not comfortable with anybody going back until I am ready. I feel like my landlord may think I'm being unreasonable but I've been a good tenant and now she feels she can come and go as she pleases. Please help!

[charlieandthechocolatecake]

i know this thread is old but i'd just like to update and ask for some advice. After receiving various emails from my landlord saying i need to sort out the flat/get my stuff out (my tenancy is until the end of the month) i emailed her and asked her kindly not to enter the flat without me present.

She has since done various viewngs without my permission at times i was unable to be there. i'm not happy with this at all. she has already asked me to fix various things she believes are damaged which i have no knowledge of. im scared t go back there incase she has purposely damaged or stolen my property. really dont know what to do. please give me some advice!

[HereIAm20]

As an aside the usual wording for release from an ast early includes the right for showings to take place so that loss of rent is kept to a minimum. Maybe that is why she is saying you'll need to pay rent until the end of the original term because she isn't able to show the property.

It was probably a term of the insurance too that the tenant would allow showings to keep rent loss to a minimum. That is why she is referring to the insurance. Hope that makes sense (it does in my head).

[hamble123]

Charlie - if you haven't been able to get through to Shelter, ,please post your questions on the "Residential Letting Question" forums on //www.landlordzone.co.uk

There is a wealth of information on this site and you will get good, accurate advice on your predicament (the 'amateur' landlords i.e. your LL are severely admonished for treating their tenants so badly).

The forum is an eye-opener for sure! Btw there is a 'sticky' at the top of the page for Residential Letting Questions which has the title "LL's right of access for inspection or viewing?" - you will almost certainly find your answers there but if not (due to your early termination of your contract) then perhaps you may wish to post your own question.

I hope this helps....and good luck! (AFAIK her claims would never stand up in Court).

[Mummyoflittledragon]

Thank you Ineed. . I find with most people, treat them with respect and they will be respectful too.

Do you have a copy of the inventory?. Look through it. If the state of the decoration isn't discussed, she doesn't have a leg to stand on.

I'm confused. It sounds from your responses that she uses the agent as a tenant finding service and manages the property herself. However, the agent was involved in negotiating an extension to the tenancy agreement, is that correct. If so, they will be able to advise you. Have you spoken to shelter or cab?

I also think you can probably piece together that she has agreed to release you early or an exit date from your emails. You need to show these emails to someone, who knows the law to ascertain if she can blackmail you in this way.

[Justaboy]

Pisssssedofff Yes and that sort of bollix;!

[Pisssssedofff]

I think the reason people don't use agencies is that they charge £500 before you even move in around here, like modern day dick turpins

[Justaboy]

OK well I'm a LL for my sins and have been so for some 20 years now. In all that time I think I've just had one troublesome tenant she was simply nuts bless her;!. As to access never a problem there either, i have the keys i do a lot of the maintenance myself excluding gas have a very good engineer for that, I communicate things and issues to them. I keep them informed. What I do not do and will not do is to let a Lettings agent in the way!

On a local newsgroup there are more complaints about them and their practises then most anything else. No need to have them I can do all that they can without the grief and costs that seems to go with them.

Access for re letting?. Not a problem there as one of our places is very long term they've been there 10 years, the other a young single mum and child shes a damn hard worker has been late with the rent a few times but she tells me if that's to happen the others let to young people mainly medic staff they if one moves out invariably get a replacement all good there too.

Take pictures once a year and give them copies too so we have some visual evidence of the state of the property but all in no problems. Except one lady who moaned about the fact there was a burn mark form a smoothing iron. Went to all the expense of changing the carpet and moving her stuff out what happens?, barley Six months later she does the same thing with another Iron! That came out of her pocket that only fair!

Keep them all on a "friendly" basis but not too close in case push does come to evict but never been there yet. Check and vet them myslef and a bit of that is intuition ;) Treat them like humans just cos they cant afford a deposit and mortgage does not make hem second class citizens there's no shame in renting these days. It is their HOME something that's easily forgotten

As to the OP?, well your LL should not have moved your stuff around OK i have done that but its only to access something like a radiator and not just for the fun of it or otherwise!. As to your money grief well you could call her bluff but if she has your deposit then shes got one over you and if you want to rent elsewhere then the one your renting off will want a referewnce and well that could go wrong. Suggest you keep at shelter for advice on that one .

sad situation but if she'd managed that better it wouldn't have come to that!.

Treat us LL's with a bit of care after all the FRICS says that more rental property is needed;!

[Shiningexample]

She said she will now make me liable for the rent until she finds new tenants
how can she make you liable
her rent guarantee insurance isnt connected with you and they are the people who pay out if she has a claim, not you
Or does she actually employ a team of goons who to extract money with menaces from her tenants

what a vile woman she is trying to intimidate you into handing over money
empty threats
surely landlords accept that there will probably be a void period between tenants and that just goes with the territory
If they cant afford to run the show then they clearly dont have a viable business

[citychick]

Hi OP, I am sorry you are having a terrible time with your LL.
I am curious, tho. Why are you not going direct to the agency?
Why is the LL doing the inventory herself?
We use an agency for our family home in the U.K. As we are abroad.
We never speak with the tenants except to meet them before they move in and if they happen to be in when we visit the property. So far none of our tenants have never been there when we could go.

Our agency also use an independent inventory clerk to go through the house and make notes and write a report. So there is no bias on any side.
It protects both tenant and property owner. Did the agency not do this before hand? We were given no choice, it had to be done.

I'd be worried that your LL will charge you for replacing items that are not your responsibility regarding the inventory. Good to hear you won't be redecorating. That's a ridiculous thing to ask a tenant to do. Especially after a year.

She sounds particularly unscrupulous. I do however, think you ought to be reasonable about granting access. What I mean by that is, don't be awkward just because she's pissed you off. You are leaving, you have a new property to go to.

Get in touch with shelter or whomever you choose, get your paperwork all sorted and get yourself up to date on the law. Sounds like intimidation and LL had overstepped the boundaries.

Best of luck.

[Ineedacupofteadesperately]

Mummy, you do sound like a lovely LL. I honestly think better laws would be better for both good LL (like yourself) and tenants. In one country where I rented, everything was like a dream - but the tenants as well as the LL both had to adhere to much stricter rules about what was and was not allowed. As a fairly boring individual (!) I found this all brilliant - never had a problem with noisy neighbours as it was pretty clear in the tenancy agreements what was and was not allowed and non-compliance enforced very strictly. However, the LL couldn't just get you out with 2 months notice if you'd done nothing wrong - you had the right to stay there ad infinitum as long as they were renting it out (as far as I could tell from the contract with my rubbish foreign language skills - certainly there were people in my apartment block who'd rented their entire lives). Everything was clear and above board and plenty of notice required on both sides for pretty much anything. Allowed you to plan your life without so much stress and trauma. Ah, how I miss it!

[Ineedacupofteadesperately]

Charlie - I'm not an expert but I seriously doubt that there is ANY kind of insurance that can reimpose a contract (which has been agreed, in writing, would be terminated) on a third party. Her contract through the insurer is with them and has nothing to do with you, as far as I can see. She's confirmed in writing that she's letting you move out on a certain date. Maybe she can get some money off her insurer if she ends up with a void (although probably not if she's agreed to you moving out early). I could be wrong, but I think she's trying to intimidate you. However, it might be worth being reasonable about access for viewings if you feel you can be, as if you are they really have no leg to stand on (and being reasonable does include ensuring you or someone representing you is there since they've already moved your things without your permission - hope you checked there was nothing missing!). Have you got through to Shelter? This is exactly the kind of question that they should be able to answer. I know it's difficult to get through but do hang on in there.

[charlieandthechocolatecake]

And for you landlords out there, I completely understand your need to be ruthless sometimes, you are protecting your own interests after all. But when I hand over my keys my LL will see there was nothing to worry about all along.

My LL's actions right now are just premature in my eyes.

[charlieandthechocolatecake]

I have an email that says the fees are calculated using the 3 months after I end my tenancy. The fees do not include paying rent until she finds a new tenant. This is something she has added after the agreement. She also asked via email if I could checkout 1 day after the end of this rental period. I said that I'd like to do it at the end of the month or beforehand as doing it after would make me liable for another months rent. She accepted this and agreed to do the checkout inventory beforehand. Is that proof she accepted I'm no longer liable for the rent? I've been very naive. This is the first property I have rented. I really thought she'd be reasonable. You hear so many horror stories about bad tenants and unpaid rent but that's not me.

[Pisssssedofff]

Agents we used in another country, turned off the water and electricity to the house, I think spiked my tyres although that may have been the landlord - 4 children in the car - and threw lemons at the window - I could write a book. We also had tenants who didn't pay rent for 6 months leading elderly parents to pick the bill up as guarantors

[Mummyoflittledragon]

If you have it in writing that she is agreeing to release you on X date from the contract, I don't see how she can change her mind. She's accepted monies off you as well for this transition.

[Mummyoflittledragon]

Ineed. It is shit. I know I'm not a well liked breed. I have had to serve notice once on people with children. I hated doing it but needed to protect the parents of the renters, who were guarantors. They couldn't afford to pay the rent. The parents promised faithfully to put the family up until they got on their feet. It was awful. A toddler and a baby. And the parents were fully able to buy alcohol. The demographic has changed from when I started as a landlady in 1997. Dh and I chose 2 beds to house young couples/professionals not yet ready to make a purchase and the average stay was 18 months, no kids renting for a short while until buying or relocating. The only other time I served notice was when tenants got dogs, didn't look after them and they trashed the house.

I honestly didn't know there were such unscrupulous letting agents.

[charlieandthechocolatecake]

Does anybody know if the landlord can re-establish the ast by applying through their rent guarantee insurer? This is what I am most worried about. I have already paid the break clause fee. She said she will now make me liable for the rent until she finds new tenants.

[Ineedacupofteadesperately]

Mummy, yep that's the thing I didn't really get about our situation - I thought maybe there's some sort of rule that you can only put up rent by X% every Y years in a rolling contract? We're well out of it now, but I feel really badly for those stuck renting who have no choice - particularly those with DC - absolutely no security and can be turfed out at with 2 months notice at any time with a s21 - no consideration for point in the school year or anything like that.

[Mummyoflittledragon]

Ineed. It's probably why I don't have more properties - I'm too nice . But the ll can put up the rent substantially whenever they want if you're on a rolling contract (just to make you aware). Our agents write to the tenants asking if they want to renew. I've seen the sample letters. You poor thing. No one should have to live like that.

[Shiningexample]

it's hardly on a par to having the roof over your head (and that of your DC) taken away is it?
The landlord has the tenant over a barrel

[Ineedacupofteadesperately]

Wow Mummy - wish you'd been our LL! We live in an area with very high demand and I guess that's why these practices exist - but I really don't think it should be legal to do this. The stress the eviction notices put on our family and our DC was what convinced us to put all our savings into buying and we just managed it (even though DH is convinced there will eventually be a crash). In our last tenancy our agent sent us the s21 eviction notice first, then contacted us about renewal and put in writing that we were 'model tenants' and stressed the LL 'wanted us to stay' (funny way of showing it) but that the s21 was just 'standard practice' and how they wouldn't let us go onto a rolling contract (which we asked for) as 'market conditions may change' and the LL wanted the option to 'put the rent up substantially' should that be the case. This was through a letting agent that claims to have won awards!

[Mummyoflittledragon]

Bloody hell Ineed. My agents chase me to renew just over 3.5 months into a 6 month initial term. (I only ever do 6 months now at first). Then I get tenants to renew for 12 months unless they request otherwise - for me, it gives the tenants the security that I'm a serious landlady. I then let them go on periodic (month to month) if they are happy to do it. This gives tenants the flexibility to leave and only give me a months notice. I don't usually ask for a rent rise during the first 2 years because it's in my interest to keep the tenants. I want them to be happy, not harassed. I'm not a big time owner or anything. My properties are in the south east. One tenant is paying £125 below current market rate.

[Ineedacupofteadesperately]

Pan, but if you'd had lots and lots of really bad experiences with waiters, maybe you'd decide not to eat at restaurants any more - but of course renters don't have that choice do they? It's rent or don't have shelter. I'm not saying there aren't bad tenants - I'm sure there are - just that a LL has all the power. After all, with bad tenants it might be a hassle to get the tenants out and maybe they'll have to redecorate, but they still go home somewhere warm and safe - it's hardly on a par to having the roof over your head (and that of your DC) taken away is it?

[Ineedacupofteadesperately]

Pan, some of the worst treatment I've had is through the agents. I think it makes families with DC in local schools feel pretty threatened and unsafe when it is 'standard practice' to issue a s21 eviction notice at the end of of every 6 months / 1 year tenancy and this eviction notice is used as a threat to negotiate better terms for the LL (higher rent usually) knowing that the tenants will not want to uproot their family. This is 'standard practice' according to several letting agents in the part of the country I live in (SE England). Doesn't happen in other countries I've rented in. Having said that - your agency sounds pretty good. I've had letting agents doing an "inspection" take pictures of photos of my DC, as well as of all my valuables. Why on earth is that necessary? Have rented through many, many agents and sadly this has happened time and again, but only in the UK.

[charlieandthechocolatecake]

What led to this confrontation pan is my landlord doing an inspection and moving my property around when I allowed her in without me present to do a viewing. For this reason I am not happy for her to have access without me present and I won't be available until the last 2 weeks of October. Is that an unreasonable request? Does that make me a bad tenant? Worth threatening?