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?

Another landlord
You do not have to allow viewings. Some landlords forget that when you are a tenant the property is effectively yours for the duration of the lease - the landlord only has limited rights of entry with notice for repairs and the like. You are not borrowing the landlords house, you are paying for exclusive use.

However, if you want to compromise then I would give a clear set schedule of when you will allow viewings e.g. open afternoons 2 Saturdays a month between 1pm - 4pm. If they try to enforce any viewings outside of this time then the open afternoons will be withdrawn.

@SisyphusDad we would need it instantly to put down to secure a new place. We don't have the means to get another deposit together at all so couldn't secure another tenancy

Op please call shelter - it’s free and they can tell you what your rights are etc.

OP this is a negotiation at this point - the Landlord wants something from you, that you are not obliged to give - so ask for what you want, what is convenient for you.

The landlord hasn't had time to appreciate good will with you - you've barely moved in - so has no right to expect you to do anything more than you're contractually (and legally) obliged, just like the landlord has.

Ask for more than you want, and negotiate down.

One of my DCs got their own back on the landlord by making sure the place was really messy for every viewing. They pointed out out all the faults in the property by moving furniture to show damp patches etc. to prospective buyers. The landlord didn’t sell until after they moved out!

OP, you ask for what you want. To the LL this is business.

I put an apartment on the market as a LL a few years ago (London). Tenant had been there for 5? years and I had been a very responsive LL...they were nice, paid on time and MESSY. I suddenly had to sell for unanticipated personal reasons btw, it was not planned because I am not a shit

I wanted him to clean the place up (he was rarely there so viewings not inconvenient but it was a tip) and offer him a 4 figure sum to do so "asap". He found somewhere the following week, did not ask for compensation, got an outstanding reference and immediate contract anullment (plus 100% deposit returned on day of exit).

All happy which is the way it should be. If he'd stayed I was planning to ask him if I could send a cleaning lady round twice a week at my expense. Business is business.

Work out what you want.

Oh OP I’m sorry, that’s completely shit. In your shoes with the deposit situation, I’d be saying that unless you get your deposit back to put down on another rental property; viewings will be refused entry without 72 hours notice. I wouldn’t be tidying up, I’d be encouraging the kids to be following buyers round annoying them, and I’d loudly complain about what a nightmare the neighbours have been with their dogs and music and how you can’t wait to move out. Maybe spit on the floor too.

I would NOT be making it easy for this LL. What a scum bag. He let the property to you KNOWING he would sell it within 90 days. I would contact the CAB too; as I would have thought that there would be some kind of temporary provision regarding the deposit; this cannot be an uncommon situation. I’m SO sorry this has happened to you. We’ve recently moved (in the last 18 months) from private rented and this was literally my worst fear the entire time we were there.

Sorry, that should be I wanted to offer him a 4 fig sum to leave the property asap or break our contract...I had to give 2 months notice on AST rolling contract and mess made it non-viewable.

@MiggeldyHiggins

Just tel them no. You don't have to let anyone in. not for viewings, not for inspections, not for maintenance. Not for anything.

That is a load of rot.

Of COURSE you have to allow them in to do maintenance and inspections. Do you think someone is going to let out a very expensive commodity (like a house,) and never go to that property (or send someone on their behalf) to inspect it now and again? Or that they will never ever want or need to do any maintenance? Or that there will never be any gas or electricity safety checks?

That said, the OP does NOT have to allow viewings, and I would be telling the landlord NO if I were her.

Refuse viewings. You can despite what the tenancy agreement says.
Have to say when we had this issue shelter weren't that helpful with us.
Also re your deposit, they have 10 working days from the end of your tenancy to let you know if they intend to keep any. If they don't the money should be paid back to you.
If it's not in a scheme however - make sure you take the LL for the full deposit and more.

You gave my sympathy OP. Weve been through this in the last 6 months and it's shit.

I'm a landlord OP. You don't need to accept any viewings AT ALL if you don't want to. I wouldn't expect this of my tenant!

LL has shafted you. Shaft them back. Refuse

These two posts are the only ones you need.

Make sure you photograph the property when you leave, though, in case the unreasonable barsteward tries to keep your deposit.

Your landlord is a twat. Selling the property 3 months after you moved in? shouldn't have let it out in the first place. YANBU

MiggeldyHiggins and Forgottencoffee*

I did actually state that it still l has to be with consent and tenant's convenience.
I didn't say that if it states in the contract then the OP MUST allow it.

My point was that many LL's use this clause to claim financial loss if the tenant doesn't allow it and takes them longer to sell. I thought it might be useful for the OP to consider this.

I'd offer to allow viewings on certain pre-agreed times/days ONLY on the condition that I got my deposit back in full BEFORE we moved out. That way you have your deposit back to find somewhere new. You don't have to make sure it's tidy. Whether the house sells or not is the landord's problem.

Incorrect @Nightfall1 - contracts do not override the law. It doesn’t matter what the tenancy agreement says. Tenants do not have to agree to any inspections and/or viewings at all.

Please just say no, no viewings, nothing. We had the exact same thing, and it went on for 18 months! We moved in, with our 2 children and after a month told that they were only renting it (living rent for with family elsewhere) to get money for a deposit to buy elsewhere because living in a 2 bed house with 2 children was demeaning.

We would get constant phone calls from the agent asking to view, if we said no, they would say well we know you're in. If the kids were asleep in bed, told us people would be quiet. If we were out they would say, well we have an emergency key we can let ourselves in, they will walk all over you given the chance. Just say no.

www.thetenantsvoice.co.uk/advice_from_us/landlord-selling-property/

3rd paragraph under Tennents Rights.

Your legal right to peaceful enjoyment trumps the tenancy contract unless there is a court order.

If the agent/LL won’t renegotiate to compensate you for the upheaval of viewings, then remind them of the right to peaceful enjoyment and change the lock.

Tippexy Thanks, I know, I didn't say they did. Apologies my post wasn't particularly clear so I've since clarified it.

My point was that many LL's use this clause to claim financial loss if the tenant doesn't allow it and takes them longer to sell. I thought it might be useful for the OP to consider this

There is no basis for them to claim that, OP does not need to consider this.

Also, as long as you replace before you leave you can change the locks. I wish we had as despite allowing viewings (as dh didn't want to upset LL) I came back from work one day to find someone sat on my sofa

I complained of course but got nowhere. Some LL / letting agents really are just shits.

classic MN Guardian-reader tenants-have-no-rights fuckwittery from some. Here are the facts.

you do not have to allow any access, regardless of contract. The landlord could possibly enforce access with a court order, but this is unlikely for viewings.

and yes, that means ANY access. Because a current gas safe is now needed for section 21, this loophole is being used by tenants who don't want to leave - they just refuse access for the gas safe check. Obviously not smart but perfectly legal.

also, the place cannot be sold until you are gone. The landlord does not know that you are leaving in August. You would be perfectly within your rights to stay to the bailiff. No sane solicitor will allow exchange until the property is vacant.

you hold all the cards. Write to the landlord (not kiddy comms, write), keep a copy , get free proof of postage, refusing viewings or offering viewings at a time to suit you. Up to you.

could set this posting to music, I've written it so often. English law BTW.

If you are being made homeless as you cannot afford the deposit for another property could your local council help? Not sure if you'd be eligible for council housing? Some will lend deposits for private rent. Has to be worth asking, especially as you have kids.

OP have you actually taken advice from Shelter? Or your local CAB?

I would refuse viewings.

Unless, of course, you can negotiate a STEEP discount in rent for the remainder of the tenancy.

And get a certified letter from them first re the fact that you were good tenants and paid your rent on time, etc for future rental issues.

Refuse all viewings until the end of your tenancy, once your out they can view then your Landlord is taking the piss and is relying on your goodwill to show them around.

Your landlord is obviously hoping there’s not to much of a gap between him getting rent and the house sale going through hence why he wants viewings done now, you could always say what’s in it for me? Your under no obligation to let anyone in during your tenancy unless it’s an emergency which means 24 hours notice or in extreme cases sooner, but not because he wants potential buyers to view the property.