To just think this is shit and unfair

[causeimunderyourspell]

So following on from my previous post where we had a bolt out of the blue from our landlord selling our house, less than 3 months after we moved in. Our contract ends in August and obviously won't be renewed. Anyway apparently they have lots of people who want to view the property and are asking about availability.

Aibu in thinking this just fucking sucks. We'll just have random strangers traipsing in and out of our house, mooching in the cupboards and just generally getting in the way until someone buys it, which is unlikely to be quick as the photos are misleading and it needs a lot of work doing to it.

I have 2 young DC so keeping the place tidy in the week is not always possible. I don't mind so much in the day as we're not there but it's tending to be after work times so what the hell am I supposed to do?! I can't get out as we'll be getting our dc bathed and ready for bed!! Would it be unreasonable to ask that they only do viewings in the day while we're not there or daytime at the weekend?

please please get informed. read your how to rent guide.

not renewing is not notice. if they do nothing your fixed term expires and you are on a rolling contract. to start the process they need to issue you a valid section 21.

You can't refuse but they have to give you 24 hours notice

@ZibbidooZibbidooZibbidoo I think next we'll be hearing about the time his/her tenant didn't clean the toilet properly, so they went in, removed the toilet and left them with nothing but a bucket at the end of the garden

So what has OP done wrong, Wintry?

She sounds like a model tenant. Pays on time and has improved the property at no cost to LL.

teachergirl

It's depressing that you are a teacher. RTFT.

removed the toilet and left them with nothing but a bucket at the end of the garden wink

It sounds like the stories my grandad used to tell about the punishments in school!

Wintry is obviously having lots of fun coming back to this thread - obviously the tenants must be behaving right now, so lots of time on their hands!

You can't refuse

She can.

I often wonder what goes through a person’s mind when they post on a thread after 230+ other posts without checking to see if their contribution has already been made, and refuted.

Check your contract. Same thing happened to us but it was written in our contract that we had to allow viewings with 24hr notice all days 9am - 8pm except Sundays. Very annoying as we had guests planned.

Handed our own notice in immediately. So sorry as it is an utter pita x

@Littlegoth have you read the thread? Unlawful terms in your contract are not enforceable. Contracts do not override the law. It doesn’t matter what’s written in your contract. You don’t have to allow any viewings at all.

@teachergirl2011 you too. RTFT!!

I used to have tenants and started viewings to sell the property while they were still there.
I gave them a discount on their rent once the property was on the market, I didn't let the agents take the piss with viewings - at least 24 hours notice, while the tenants were at work if at all possible, and not at any time the tenants said was inconvenient - and when they wanted to move out because they'd find a new place I accepted shorter notice than they legally needed to give.
In exchange, they kept the place immaculate for viewings and generally cooperated, even though I know they didn't have to.
What goes around comes around.

@Turquoise123 Cancel the cheque!! Oh, and read the thread.

@Babysharkdododo absolutely praying our landlord sees it the way you do, and is prepared to offer some wiggle room.

We've made it absolutely clear that we are in no position to raise a deposit by august, so hopefully his best interest would be to annul the contract now and let us move to the other property the EA has that's perfect for us. I know EA will advise in the best interests of the landlord, so I guess it depends on how badly they perceive the threat of us not being able to move and not being accommodating with viewings VS the loss of income for 2 and a bit more rent payments.

@Nightfall1 well August is the break clause in our tenancy, so essentially they are using it and saying your tenancy will not be renewed. Is this the same as an eviction or not? They haven't sent us anything formal, just told us over the phone and confirmed via email that the house was going on the market

NO- this is not the same as being served a notice. All this means is that the landlord can serve notice at this point...and then go to court etc etc see my prev post on the eviction process) which can take 6-7 months. You have the legal right to stay until the LL has done this.

As i said before, if LL puts the house on the market and it is sold then the new owner becomes the LL and will have to evict you through the legal process- even if they think they can move in -they cant until they have done this.

If the LL is selling it "with vacant possession" he will still have to evict you properly -and an estate agent will know this!

If LL sells with sitting tenants(you) the new owner will become your LL. If they want possession of the house- they will have to evict you correctly. Again the estate agent will know this.

Sorry its so uncertain. You can still have your waiting list app processed but the council might not accept homeless app at this point because if there is no notice then you are not threatened with homelessness(legally)

I don't want to alarm you but the council could also not put you on the waiting list at this stage as they may say you are "adequately housed" as the LL has not actually served notice but if you talk to them and explain that LL is being difficult then that may be sufficient as they will have come across this before.

You may have a tenancy relations officer at your council- if you give them a call and explain the situation then they can speak to your LL and tell him what he has to do in order for the council to help you.

Sorry that I keep giving you the downsides to things - I am giving you the info so you can be prepared to challenge the council if they are unhelpful and you know the reasons why.

I speak to lots of people who haven't got the help they need because the "bloke down the pub" told them blah blah blah and there is a lot of incorrect advice out there being bandied around as fact.

It might be that the LL just wants you out easily and is just using scare tactics- so many tenants just leave on the LL's say so when they do not have to. (I did)

I am trying to give you an understanding of your legal rights (although I know emotionally it is really difficult) and it sounds as though you are between a rock and a hard place.

Apologies if I have made things feel worse- but forearmed is forewarned I hope.

Good advice from @nightfall

@Nightfall1 no I really appreciate all the info you have given me. It's better to know what to expect. Gives us more leverage in a sense that we can say well until you serve us the proper notice, we won't be going anywhere as we have no means to. Having the correct information will stop us making any rash decisions so you've been really helpful

causeimunderyourspell
Just read your update -
A mutual surrender may be your best option as you have said. Make sure that you get it in writing though.

@Nightfall1 I'm definitely not holding my breath on it as the impression we have got is that it's just money money money but keeping everything crossed. One other question though, myself and DH both work and have a decent income, however we have masses of debt meaning that we have little to no spare income. I am currently on a DMP. Is a means test part of the process? And if so, is debt taken into consideration? Or is it a case of, your earnings are decent enough, you can house yourselves?

causeimunderyourspell
All councils have their own policies regarding the waiting list- some may say if you have x amount of savings then you wont qualify. You can view your council's policy on their website so I can't answer that accurately -sorry.

However regarding a homelessness application- no- finances are not taken into account at all. You could have a million in the bank and can still be considered homeless.

When I was a tenant my landlord asked it viewings would be ok and knocked £50 of the rent for the month the viewings took place. AE arranged viewings via me so they were at a convenient time. Also can me first refusal to buy property as I had been a long term tenant.

@Nightfall1 ah ok will check that then, we have about £50 saved since we were told the news, so that shouldn't be an issue!

Landlord only have the right to access for maintenance or emergencies such as a gas leak. For maintenance they must give 24 hours notice and you must be in agreeance etc. If you don't agree they must take it to court and allow the court to demand access which would be pointless for him if he is selling and you move in August. They can enter in an emergency but should not actually have a key, keys are not usually kept by landlords now and they can't enter when they want too. You can request you key be kept but it can't automatically be wrote into a lease now. It has to be a separate agreement. We have one due to us been disabled and me having seizures etc. But we had to sign all sorts of paperwork for landlord to be able to keep the key legally so he couldn't be sued and circumstances he can enter had to be definedin an agreement.

they don't have right of access for maintenance,

They can enter in an emergency but should not actually have a key

Utter nonsense- what if it's let directly through the landlord with no agent?

they don't have right of access for maintenance

Why on earth would you want to be awkward and refuse access for maintenance? Surely it's in the tenant's interest to maintain the property?

It's not hard to see why landlords can sometimes snap when they're faced with attitudes like this. Some people want all the rights of ownership without paying for it? And they want the LL to be at their beck and call to deal with their every whim to boot. Lunacy.