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?

Stand your ground OP. They are betting on you not knowing your rights or the law and giving in to them. it’s fine to be stubborn in this situation.

The landlord owns the house- you don't . It really is as simple as that. He says jump- you say how high. He has every right to carry out viewings in his own house. I certainly wouldn't entertain any of my tenants refusing viewings

This is why people hate landlords. Because they are cunts who act illegally.
He doesn't, and you don't, and I hope you get royally caught out.

@Lacucuracha I believe we paid around £350 in agency fees. The break clause is for both parties

We've removed marks from walls, paint from the sides of kitchen cupboards where it was just slapped on haphazardly by whoever, fixed the loft hatch, re-sealed the bath, fixed the doorbell, filled holes, re-fitted a coat rack that was practically hanging off the wall and had virgin media in to reposition the hub so there's not wires trailing across a room like there were when we moved in. We also reported drainage issues that had been left to fester by previous tenants.

I wonder if there is a way to charge LL for the work you've done.

We really need a mumsnetter that's a shit hot lawyer!

I don't believe there is a way - and this is why I report every maintenance issue (and make sure my tenants know I'm happy for them to do the same with me)

The landlord owns the house- you don't . It really is as simple as that. He says jump- you say how high. He has every right to carry out viewings in his own house. I certainly wouldn't entertain any of my tenants refusing viewings.

Bollocks

Wintry you're talking rubbish. A shipping container delivered, illegally removing furniture. Ha.

Good luck with tenants that know the law and their rights is all I can say.

Can you reply back and tell them that the contract indeed isn't worth the paper it's written on, tell them you know your rights etc?

Does anyone know which bit of the law trumps the contract bit that says viewings musts be allowed with notice?

I think you need to reply to them to pick up on that point.

op I would do the following: phone shelter or cab to get confirmation of what you've been advised on here re no legal requirement to allow viewings irrespective of your contract clause. Next, respond very politely to the EA explaining you have taken specific legal advice on this matter today and as you hope an amicable arrangement can be reached to support the interests of both parties, you would like the original request to be forwarded to the landlord (since it's important than they understand your rights and that the basis of your request is legitimate), plus a request for refund of maintenance expenses you've incurred which you have calculated since the original email was sent to them. Be very polite and ask for a written response before the end of the working day.

In future, please know that even under a new AST, you can ask for a break clause to be tenant-side only.

Can you reply back and tell them that the contract indeed isn't worth the paper it's written on, tell them you know your rights etc?

Nah don’t show your hand. It will only let them know they need to up the pressure and play smarter. Don’t give them the advantage. Let them carry on on their current track assuming you are ignorant and you can just keep saying no. That’s literally all you need to say. You don’t have to explain or negotiate. The law is on your side with this.

TheBlueDot

Quiet enjoyment is an implied term under common law.

Well now you know there is no point playing nice. Play legal. I agree focus on the deposit as that is what allows you to rent the extra place. It’s not like you want to be tied to dickhead EA again anyway.

If anything breaks between now and Aug, OP, don't fix it yourself!

They are betting on you not knowing your rights or the law and giving in to them. it’s fine to be stubborn in this situation.

I agree. I've only dealt with EAa twice in my life, once for the place we rented and once when we bought a house, and I found them very sly, and friendly in a very false way.

@ZibbidooZibbidooZibbidoo I'm agreeing with you as I don't want to go in all guns blazing just yet. They've had an inkling that we won't be walked over, so hopefully they might be more inclined to help us in some way. Theres still a possibility they can help us in some way so I don't want to shoot myself in the foot. I will just avoid the calls from the sales team until I know if hey actually can help us.

They have mentioned a property that they have on their books currently, which would be pretty perfect for us and is actually a much nicer standard and area than we are in currently. It states that it is available immediately, I have asked if it would be a possibility to annul our current contract (as we've not even been here 3 months yet!) and move into the other place instead.

I'm not adverse to renting through these EA (the landlord is the one who has fucked us over) as I have found them all much the same, these are actually one of the more reasonable in our area that don't take the utter piss with imaginary fees.

Will update when I get a response.

I think there's far too much animosity towards landlords on here- if it wasn't for us, most people wouldn't have anywhere to live.

With regards to the shipping container, that was really a final measure against an extremely bad tenant who we had given notice to and then refused viewings. It was an extreme measure, but it did work at the end of the day.

@wintry if it weren't for you, there'd be more housing on the market rather than greedy landlords buying multiple properties and then practically extorting tenants as they have the monopoly. Can I ask you to kindly please fuck off this thread, as you are about as much use as tits on fish.

causeimunderyourspell

You do not have to leave until a notice seeking possession has been served. On the expiry of that, the LL then has to go to court for a possession order. On the expiry of that the LL then has to go to court for a bailiffs warrant, This whole process can take about 6 - 7 months.
If the LL uses a s21 then this has to give at least 2 months notice. Once that 2 months is up the LL then has to follow the court process above.

If you want a rent reduction- the first thing to do is negotiate with your LL. (not an easy solution- I get it)
If they don't agree, you can claim comp through the courts and you can claim for not being able to use part of your home.

If you want to do the repairs yourself- there is a process you have to follow so it might be too late for any work you have already carried out. But if you want more info on this I can give some info.

Wintry, how long have you been on MN? A LL with a piss taking tenant gets just as much support here.

You are on a thread here where a lot of people feel the OP the tenant is being treated unfairly.

The comments here were measured until you started goading people with comments like 'when a LL tells you to jump you say how high'.

So your goading worked and someone called such LLs cunts. So you should be happy, right?

I will just avoid the calls from the sales team until I know if hey actually can help us.

Tbh I wouldn’t discuss anything in a call and communicate via email only. You want to have a paper trail.

I think there's far too much animosity towards landlords on here- if it wasn't for us, most people wouldn't have anywhere to live

Only the ones like you who are complete shitbags who act illegally

I think there's far too much animosity towards landlords on here

Are feeling some animosity wintry? I can’t imagine why.

but it did work at the end of the day.

Yes thuggish bullying tactics by people with the upper hand of a power dynamic against a vulnerable person about to be made homeless often “work”.

@Nightfall1 I don't expect them to pay for maintenance we carried out, it's more for leverage if they try to bill us for stuff at check out really.

As for court order removal, would that not be on file for future lets? I don't us to be blacklisted in any sort of way

The LA also have new duties to those they have a reason to believe are threatened with homelessness(served with notice) or homeless (possession order granted) This is to stop them telling people to wait until the bailiffs turn up as this is not acceptable.
Depending on what you decide - I'd be happy to advise on your options.
It's not as simple as telling the council that you LL is selling though.
He has to do it legally. Your LL seems to think he can just as you to leave but they cant.

Sorry they're being an arse and it's horrible living like this. (our LL told us he was selling 2 days after I brought my newborn home many years ago.)

My job involves advising tenants in your position. You do have rights but AST tenants aren't in the strongest position, I wish I could say otherwise. I think it's best you know what the downsides are as well as your rights so you can make informed decisions that have no comeback on you.