Aibu to not let the estate agent hold viewings?

[LouLouLoupee]

Posting on behalf of Dsis, we are in Scotland.

Dsis has been in her rental flat for 4.5 years. The LL is our cousin, everything is above board in regards to rental agreement, deposit etc.

Cousin has decided to sell the flat as a part exchange on a new build, Dsis has notice to quit and will be moving out mid March.

The house builders have instructed an estate agent to market and sell the property. Since being served the notice to quit Dsis has made the flat available for EA photos, surveys and safety certificates. This has been incredibly stressful for her as she works full time, is taking on overtime to help fund her move and has the added complication that she has a rescue dog that doesn't take well to strangers coming into the flat. She is also having to find time to view properties herself and get ready for moving.

The EA has been trying arrange viewings for the flat, but they are unable to find a mutually convenient time.

House builders are now threatening to pull out if access to the flat is 'not provided on a regular basis.' Obviously we don't want our cousin to lose out on his house, but really not sure what else Dsis can do. EA want a key to hold viewings while Dsis is out, but she isn't sure how the dog would react.

Has anyone else been through similar? We know her rights in terms of 'quiet enjoyment of the property' and allowing reasonable access with notice. But at what point does it become unreasonable?

I think your sister is being unreasonable.

Could she really not offer a few hours availability on say a wednesday evening between 5 and 7pm and a saturday morning for two hours, or whenever else she walks the dog? It's unlikely that there will always be viewings at these times anyway.

She offered evenings, the EA did not agree.

Could she offer one day a week, and a couple of evenings. The estate agent should be able to compromise. Perhaps the dog could go into day care for the chosen day.
I don't think your Sister is being unreasonable, she has a lot on her plate.

Meant to say, that dog day care, usually collect and drop off, which may help.

If I’m reading the OP correctly, the sister has tried to arrange times people can visit. She hasn’t just refused all viewings.

It’s the cousin that has screwed up here, it’s not the sister’s responsibility to clear up his mess just because she’s the tenant and he’s ‘done her a favour’.

i really don't see why the landlord has to do the viewings and not the agent. How is it any different when it comes right down to it.

Op, I'm assuming there is some form of problem between your sister and cousin if she's now prepared to ensure he loses the sale rather than inconvenience herself. I'm a,so guessing he's never done her favours, never mind been a decent landlord.

All your tone is this is nothing to do with family, it's simply a legal agreement between two parties. As such, yup, she can fuck him right over and lose the sale for him by continuing to deny him reasonable access of restricting it to a tiny window once a week. Totally her call and only uou know what is the clearly bad history between these two.

I think this is one of the reasons never to rent to family. It just makes everything more awkward when there is bad blood so you decide to fuck the other person over.

If your sister works full time she must have a dog walker or someone who comes in to let the dog out during the day. Perhaps this person could have the dog with them for a few hours a couple of days a week?

Your sister could then offer the EA the flat during this time and for a few hours each Saturday.

We have just moved and have a dog who is scared of strangers and no way would she have allowed "strange people" into the house without me or DP accompanying them.

She is being completely unreasonable.
Do you realise how stressful it is selling a property?

That’s interesting it is easier in Scotland to rent with pets. In England when dh an I rented for a while, it was really difficult to get an agent to agree to the even put us forward as prospective tenants. I’m a landlady and I used the fact I am a ll plus the fact dh has a very good income to persuade the agent to just ask the ll. We were accepted as tenants.

As a ll and let owner, I would be hypocritical not to allow pets myself. I wouldn’t accept a very large dog like a Great Dane though or more then one large dog as they aren’t right for the property size. A couple of smaller dogs or cats etc is fine. I changed flooring from carpet to laminate and tiles downstairs to accommodate this. People want pets after all and they should be allowed even in rentals.

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Do t make me laugh. Stressful for a ll to sell. Well they shouldn’t be a ll. I think it’s shit to chuck your tenants out in the first place!

That should say

As a ll and PET owner.

Dsis has offered evenings, but this didn't suit the EA.

DS needs to tell the lazy ass EA he needs to put in some extra hours. I dotn know why she is getting the blame for being awkward when this could solve the problem

Dont most people view houses on an evening ?

When we were buying we were only able to view houses 5:30pm onwards because we were viewing lots of houses and worked full time. I would have thought this to be fairly normal. EAs also do viewings on Saturdays. Would that work? I recall viewing several houses where the EA was running viewings all day at particlar houses on Saturdays. I would suggest they ask about that, but also agree that perhaps the dog could be moved elsewhere during the viewings, although not sure how feasible this would be.

I’d imagine the stress of selling a house is probably equal to the stress of being made homeless by being given less than the legal minimum notice and having to work extra hours to afford to move elsewhere.

I’m guessing the relationship between the two is already ruined by his actions.

Your cousin is being massively unreasonable. While your sister pays rent, that is her home and she doesn't have to allow anyone access except in an emergency. If your cousin wants to sell, he should be doing so with vacant possession i.e. after your sister moves out, OR he facilitates the viewings himself, to your sister's convenience.

Yes, selling a house is stressful, but that doesn't absolve him of his legal obligations as a landlord, and your sister's right to quiet enjoyment of the property while she pays rent.

If the cousin has guaranteed the EA access for viewings, he has made a commitment he cannot keep, because the tenant's legal rights supersede this. Why should your sister be out of pocket (time off work/paying for extra dog care) because the LL is selling?

Just to clear a few things up

There has been one request for viewing, on Thursday, which Dsis couldn't accommodate and the EA couldn't accommodate alternatives she offered. This was the first she was aware that the flat was actually on the market, no one had told her prior to this despite her asking if viewings were to be held while she was still there.

It did take over a week to organise a time for the photographer as they could only do it in daylight, which is rare this time of year in Scotland.

She has been given the legal notice to quit (2 months) required, she has 5 weeks left.

I do think LL hasn't been aware of how intensive the part exchange process is. Dsis is just finding the moving process incredibly stressful, and then all this seems to be lumped on top as well.

I think she's going to offer the one set time a week, other sister can take the dog out. (I'm 38 weeks pregnant so can't commit to helping myself) for any other viewings the LL can facilitate, whether that's being there himself or arranging doggy care. Unless of course it's at a time Dsis will be in anyway.

There is no underlying bad blood here, and nobody wants there to be. Possibly just a lack of communication that can definitely be overcome.

Under the circumstances, that sounds like a fair plan.

That must be tricky for her, with the dog in particular. We are in the process of PX on our home currently, and part of the contract states that the house must be made available to estate agents. Obviously not an issue for us, as we made the decision to proceed in full knowledge of what it entails, but it's not overly fair on a tenant to impose that sort of expectations IMO. Not unreasonable for the builder to threaten to pull out though, as they set our their expectations in the first place.

We have given all the agents marketing our property (three of them!!) a key. But also told them that on X days they cannot come between X and X hour or after X (basically when our toddler will be asleep), but on X days they can come whenever they like as not after 6pm. The estate agents have all been accepting of this, so unless the EA in this case is a massive dick, I can't see that a reasonable arrangement cannot be reached.

Errr she is being hugely unreasonable

It's your cousin's house FFS

I agree with PPs, yes the tenant has to allow access for viewings but that does not mean she has to be at the EAs beck and call and actually be there for the viewing!!

The contract is between the LL, housebuilder and EA therefore between them they need to sort it.

How can an EA demand daytime viewings, people are at work surely??? I get that if you are the vendor you should take time off to do these viewings but OPs DSis is not the vendor.

I'd say if the tenant has given times to the EA that she is available but the EA has declined these and demanded alternatives then it is up to the vendor (LL) to make themselves available to do the viewings at this time, not the tenant.

It's your cousin's house FFS

And?

The sister is a tenant which comes with rights.

It's your cousin's house FFS

And it's her home that she pays rent for - and which entitles her to quiet enjoyment of the property. If he has an issue with viewings then he needs to make himself available to do them, rather than lumbering his tenant with the problem. He's the one that signed the contract - and he's also the one that didn't bother to tell her that the place was on the market. The fact that they are related is irrelevant; he's a LL and he has zero legal right to insist that she makes herself and the property available for viewings whilst she lives in it, regardless of whatever clauses are in her tenancy agreement and irrespective of whatever the builder wants.

And I say all of this as a LL myself. I never do viewings whilst tenants are still in situ. Far easier to do it when the property is vacant and empty. But he'll have tried to minimise the amount of time the property is empty and not earning any money before it's sold. Tough!

So DSIS works full time and does overtime?

Poor dog

Surely it's perfectly normal for an EA to have keys and conduct viewings? The dog is the tenant's problem, nobody else's.