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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To just think this is shit and unfair

328 replies

causeimunderyourspell · 30/05/2018 14:14

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?

OP posts:
causeimunderyourspell · 30/05/2018 15:54

@StaplesCorner have just spoken to shelter who have reiterated what a lot of you have said, with regards to not having to facilitate viewings if we don't want to. Nothing about how the heck to raise another deposit though unfortunately.

I have applied for council housing, 6 weeks for processing apparently

OP posts:
Paddingtonthebear · 30/05/2018 15:55

I forgot to say earlier, we lived in a rented house when DD was a newborn and the landlord wanted to sell. We asked for and got a rent reduction to offset the inconvenience of viewings.

nursy1 · 30/05/2018 15:58

I have tenants. I would never treat them like this. We do an inspection about 3 months after moving in then 6 months later. After that it’s annually if they are good tenants and place is being looked after.
Does your Landlord not talk to you? Is it an agency? I think, as others have mentioned you should do block viewings on two or three occasions spread out over a month. That’s enough intrusion. As for tidying up DW ! I had to step over clothes and felt compelled to tidy away breakfast stuff when we viewed last flat we bought.

Nightfall1 · 30/05/2018 16:01

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

It will buy them some time - but a LL will easily get a court order for a gas safety inspection. Otherwise LL will be not be able to carry out his legal obligations.

Btw way OP if the current LL sells without going through the legal process to evict you- you do not have to leave. The new owner becomes your LL and they would then have to start eviction proceedings.

You also do not have to leave at the end of your fixed term in August unless the LL has gone through the correct legal process. Your contract continues on a periodic basis. Just letting you know in case you want more time. Although I wouldn't want to carry on living there under the circumstances.

Furano · 30/05/2018 16:07

Nothing about how the heck to raise another deposit though unfortunately.

You could negotiate with the LL that you would allow viewings in exchange for the early return of your deposit maybe

Furano · 30/05/2018 16:09

Btw way OP if the current LL sells without going through the legal process to evict you- you do not have to leave. The new owner becomes your LL and they would then have to start eviction proceedings.

Not really true - unless being sold to another LL the house will be sold with 'vacant possession' which won't be achieved and the sale won't go through.

causeimunderyourspell · 30/05/2018 16:10

@Nightfall1 we haven't actually received anything in writing yet, just had a call from the letting agent. She said our tendency ended in August but that it may take a while to sell, I guess implying that we'd just stay until it does. But to be honest, I wish we were in a position to leave the second our tendency ends so the LL has to put his grubby little hands in his pocket for the mortgage until it sells!! Angry

OP posts:
OldSchoolPhotograph · 30/05/2018 16:11

Sorry you're in this situation.

I'd say no to the viewings as well. We once lived in a rented property that was up for sale and said we'd allow viewings if we had advance notice. This seemed to be a green light to the agent to come round whenever they liked and we'd come home to find things moved around etc. It was really unsettling. The landlord decided not to sell in the end but by then it had really changed our view of the place and we couldn't wait to get out.

We were also buyers looking at a house that was currently rented out and the tenants had made no effort to tidy up at all. Didn't bother us at all as it wasn't up to them to try to sell us the place.

causeimunderyourspell · 30/05/2018 16:13

Sorry to drip feed just remembered something else - the house has an extension on the back, and due to it not being a 'standard build' whatever that means, it's cash buyers only, so assuming landlords?

OP posts:
mummabearfoyrbabybears · 30/05/2018 16:14

I'm a landlord (lady?). And I can't make my tenants take viewings. You should refuse. It's annoying having people in and out.

TroubledLichen · 30/05/2018 16:16

You could negotiate with the LL that you would allow viewings in exchange for the early return of your deposit

This seems like a sensible idea. Or ask for a rent reduction and save the money to put towards your next deposit. Otherwise they have 30 days to return your deposit (providing you get it all back and there’s no dispute) so you could use a credit card; this was common practice amongst most of our friends in our London flat days.

Sorry you’re going through this, hope you get it sorted.

Andrewofgg · 30/05/2018 16:16

I have seen leases which stipulate a viewing window - read your lease.

persypear · 30/05/2018 16:19

God this really sucks.

Legally you have the right to refuse and no contract can override your statutory rights, but as others have sadi, if you need a reference you are somewhat beholden (grr).

I would say that you will allow viewings on weekdays (if you really don;t minf them being in there unsupervised) two evenings until 6.30pm (if the agents even work atfer 5pm!) and Saturdays from 10-2pm. You might get lucky though and find that the agents only work Mon-Fri, which is a real pain when you are looking for house and are in full time work but better when you are the sitting tenant.

You might alos be lucky and find that it attracts professiona developers who prfer to view on the daytime. Hope so for your sake.

Also many buyers will be put off by the fact that the property has sitting tenants as tenaants have the right to occupy until legally evicted by a court. Vacant possession is therefore much preferred or even a term of the mortgage, so with you in situ, the property is likely to be sold to someone who can accommodate a tenant or is a cash buyer. BEWARE though that the current LL will realise this and may seek to formally evict you at the end of your contract. Do speak to Shelter and your local coincil if you haven't already.

Also have a look at the deposit scheme websites and the info from CAB and Shelter etc re deposits. it is quite straigthforward to read and there are rules covering how quickly prposed deductions must be cmalmied and how quickly the deposit must be given back etc, and also very good guidelines on how deductions are calculated - it is not new for old, even on obvious things like a spillage on a rug or carpet.

This will give you a heads up on what you can expect. Did the LL/ LA carry out an inventory and check-in inspection, and did you sign it?

mothertruck3r · 30/05/2018 17:35

If the contract ends in August your landlord will probably lie to the next innocent tenants if he doesn't sell quickly and then they will be told once they have moved in that he is actually selling. What a cunt.

BrightYellowDaffodil · 30/05/2018 17:42

I have seen leases which stipulate a viewing window - read your lease.

As other posters have said upthread, the lease is irrelevant if it's contrary to the law. The law states the entitlement of the tenant to 'quiet enjoyment' which means no entry from landlords, estate agents and/or potential buyers without the tenant's express permission. If the lease and the law are different, the law wins.

Tippexy · 30/05/2018 17:44

@Andrewofgg The wording in a contract or lease does not override the law.

CuriousaboutSamphire · 30/05/2018 17:48

I have seen leases which stipulate a viewing window - read your lease. Sorry Andrew... yes, read your lease an dthen laugh your socks off if they have included any such unenforceable stipulation.

A contract does not override the law - as many posters have said. And I know a few of us who have said work in the Lettings industry Smile

CuriousaboutSamphire · 30/05/2018 17:51

Did the LL/ LA carry out an inventory and check-in inspection, and did you sign it? A signature isn't legally necessary, but yes! Did you get an nventory? Did you get all the Prescribed Information at the corect time? That's mainly the Right to Rent booklet and a Gas Safe cert (if appropriate) on the 1st day of your tenancy and the deposit certificate/info within 30 days.

If you do have gas, is the Gas Safe Cert in date?

Lots of lovely new, and not so new, rules to play with!

notapizzaeater · 30/05/2018 17:51

There's nothing stopping you asking for a discount, if he won't agree then don't let people in. Simple.

Ariela · 30/05/2018 18:29

I'd be negotiating a substantial reduction in rent in return for allowing viewings, the savings would then go towards deposit on the next place.

causeimunderyourspell · 30/05/2018 18:36

So I've spoken to DH, we're going to ask for a reduction in rent or our deposit returned early. I'm pretty much adamant they're going to say no, so there'll be no viewings whatsoever until we've left. I'm not worried about the reference as we have plenty of perfect ones if they won't do one for us.

To answer poster up thread. Yes they did do an inventory check which we signed off.

OP posts:
specialsubject · 30/05/2018 18:40

btw the council may well insist you stay to the bailiff.

DuchyDuke · 30/05/2018 18:46

If you handle it diplomatically you could get significant rent reductions or even negotiate double deposit.

KittenBeast · 30/05/2018 18:58

Don't know if anyone's suggested it but go to CAB

ScreenQueen · 30/05/2018 19:14

Good luck OP! You know to start by asking for both items and then take it from there, right? Wink please do report back if you feel able to. You might want to add in a request for the duplicate tenant check fees and moving costs you're incurring too. Get any committment put in writing and signature of LL too. You have plenty of leverage here so stay confident and go for it Flowers

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