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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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:
Nightfall1 · 31/05/2018 11:25

causeimunderyourspell
Absolutely -use it as leverage. Negotiation is always best.
No- if you are evicted by s21 - this is a no fault eviction. You have done nothing wrong or illegal-. You have a legal right to stay in the property until the bailiffs turn up. I am not saying that's what you want to do (I wouldn't) but it shouldn't affect future lets at all. It is purely a mechanism for LL's wanting their property back and EA's are used to this.

Original poster
causeimunderyourspell · 31/05/2018 11:28

@Nightfall1 thank you for all that info, really appreciate it. So I've applied to homeseeker which is the LA housing in our area. On the application form I have put that we have been served notice. Although it takes 6 weeks to process the application so don't really know what will come of that if anything.

I'm not going to do anything to jeopardise being able to let the next property. I'm just on a wing and a prayer at the moment that they see we are not ignorant, and that they can help us in some way! Just crossing everything as this is just an nightmare and I'm so stressed with it all Sad

OP posts:
Original poster
causeimunderyourspell · 31/05/2018 11:31

Ah ok so as long as we do everything we are meant to, ie continue looking after the property and paying our rent, then we wouldn't have a black mark on us?

The issue we have is that we need to apply for my daughters primary school place this year. So we can't really hang on here for grim death as we need to be settled somewhere ready to do that. I don't drive so if we ended up not being able to stay in the area, I'd be screwed!

OP posts:
specialsubject · 31/05/2018 11:53

might have moved on, but the agent is playing on you not knowing your rights. Hopefully you now do.

the 24 hour thing is minimum reasonable notice, not a right to enter.

(English law only)

shipping container???? Lucky not to get done for illegal eviction if England on that one. I got the triple kicking from a tenant and was left a house full of literal shit. Fortunately he was just about conscious enough to give permission to dispose of it all (although not to pay for such, filthy job) - but had he not I would have had to go through legal hoops while it all sat rotting in the house. That is English law.

Wintry · 31/05/2018 13:34

@specialsubject

I wouldn't call it illegal eviction. All it did was effectively remove access to the garden, which is perfectly legal

ChazsBrilliantAttitude · 31/05/2018 13:38

Wintry

Whatever, happened to "quiet enjoyment"?
If you rented the property including the garden to them then you were in breach of contract in blocking their use.

Is your surname Rachman?

LoveInTokyo · 31/05/2018 13:44

People like Wintry should be banned from letting out properties.

Wintry · 31/05/2018 13:45

@Chazs

That's what I mean about drafting the contract terms carefully. As long as they don't include garden access, you could put a cage of lions in it and the tenants have no recourse.

ZibbidooZibbidooZibbidoo · 31/05/2018 13:52

Oh you’re sooo smart! Share more of your letting wisdom please.

ChazsBrilliantAttitude · 31/05/2018 14:08

Wintry
That is not correct if the cage of lions causes substantial interference with the tenant's quiet enjoyment of the property. So if they are woken up every morning at 4am by the lions you would quite possibly be in breach.

Additionally, if your tenants have been given access to the garden and you haven't prevented them from using it then you might find that the terms of the contract have been varied anyway.

AncoraAmarena · 31/05/2018 14:56

Wintry is just a wind up merchant. Don't bite. Ignore and they will get fed up and go away.

No one with half a brain cell thinks what they have said is a justifiable way to behave; it's all tosh. What a sad little life they have.

OP good luck and well done on standing up to the EA.

nellieellie · 31/05/2018 15:03

It will need to be convenient for you otherwise it’s a breach of 5he covenant of quiet enjoyment which is an implied term in all rental contracts for a tenancy. I would specify particular times/days. Most landlords would wait until tenants are out though as a buyer would generally be reluctant to put in an offer where there are tenants still residing. This is because once the term of your tenancy ends, if you are still there a landlord needs to get a possession order - they can’t forcibly evict you. No buyer is going to want that uncertainty.

nellieellie · 31/05/2018 15:12

Also, if landlord wants to sell, you are in quite a strong position. He or she needs you to leave at the end of the tenancy and will not want to have to get a court order. Just to point out to Wintry, a tenancy is ownership of land for a period of time..... Land law is special like that. You are quite within your rights to specify times for viewings, and access to the property must be with your consent. Even if it’s the landlord. Too many landlords don’t get what a tenancy is. I’ve dealt with many, and believe me, putting something in a back garden to cut off access is not lawful. Whatever you put in the tenancy agreement.

Mingmoo · 31/05/2018 17:54

We're in this situation at the moment. We've offered the LL two viewing slots, one afternoon and evening mid-week and one on Saturday mornings.The EA agreed, but in practice has ignored this completely and has been arranging viewings whenever it suits them, including this week when it's half-term and we asked specifically for them not to. We also asked if we could end our contract early (by three weeks!) and got a flat refusal as 'it wasn't in the LL's interests'. Should we just tell them no more viewings until we move out? It's a huge pain – I work from home and it is massively disruptive to have to keep tidying, cleaning and absenting myself. (I don't want the place to be untidy and have people traipsing round it judging me.)

Original poster
causeimunderyourspell · 31/05/2018 17:58

@Mingmoo we've requested early release form our contract too. Thing is, it might not be in the landlords interests re loss of rent. But it would certainly cause them a massive issue if you point blank refused to leave!! As in stayed until they had a court ordered bailiff to come! God they're such dicks it's beyond belief

OP posts:
squeezylemons · 31/05/2018 18:00

I’ve seen a few places on Rightmove which looked absolutely vile. Filthy, clothes everywhere. I thought why the hell would anyone use these photos. Then I realised it was prob a renter who did not want to move and was unhappy about their landlord selling. I wouldn’t worry about the house being too tidy. It’s not your problem.

TrulyFubar · 31/05/2018 18:03

I was in this position about 20 years ago (nothing changes!) and we allowed a couple of viewings as we did don’t know we could refuse them. The EA didn’t show the buyers round - we had to. So we told them how we’d be homeless; a family of five with pets and nearby schools for the kids, and how we’d been perfect tenants for six years etc and all the buyers were appalled. We didn’t get any further viewings! A few years later it happened again and we refused all viewings. I had suspicions about the EA doing viewings on the sly so I changed the locks. I also phoned them pretending to be a landlord selling a property with tenants who didn’t want viewings and who had s child with special needs (I did). Her response horrified me. “Just give us the key and i’ll go in when they’re out and take photographs and measurements and I’ll do viewings that way too. Special Needs? Well they all say that don’t they?” It gave me The Rage.

Having since volunteered as a Tenant Advocate I know the advice you’ve already been given is spot on. I’m no longer a tenant and feel mercifully free of the Sword of Damocles hanging over our heads.

Mingmoo · 31/05/2018 18:04

I'm also hopping mad that the EA took pictures without asking our permission or taking personal items out of them and is now using them to sell the place! If they'd asked I'd have taken our family photos down and hidden other items. Renting is shit sometimes.

Wintry · 31/05/2018 18:05

The kind of behaviour described by @squeezylemons is exactly why landlords have to be so strict with tenants, as they just take the complete piss otherwise. How dare they try and jeopardise the LL'a chance of selling by leaving a mess everywhere. Who knows why it may need to be sold- it could be to pay for care home bills or another emergency.

No way on earth would I be tolerating tenants if mine leaving a mess for photos- it would be out the window along with some more of their belongings. If they're going to disrespect my house like that, I'm going to make their life a misery whether it's by removing their garden or arranging for some convenient overnight noise outside.

Icanttakemuchmore · 31/05/2018 18:06

It's down to the landlord to sort viewings out, not for you to do. But I'm sure you can refuse evening viewings as it'll interfere with your children and family life. Tell him to do them during the day and I wouldn't worry about tidyness. They're buying the house not what's in it.

MiggeldyHiggins · 31/05/2018 18:08

. But I'm sure you can refuse evening viewings as it'll interfere with your children and family life. Tell him to do them during the day and I wouldn't worry about tidyness

She can and should refuse all viewings

MiggeldyHiggins · 31/05/2018 18:09

No way on earth would I be tolerating tenants if mine leaving a mess for photos- it would be out the window along with some more of their belongings. If they're going to disrespect my house like that, I'm going to make their life a misery whether it's by removing their garden or arranging for some convenient overnight noise outside

You're a total twat. And you're going to get caught.

SmashedMug · 31/05/2018 18:14

Hahahaha you went too far then wintry. Tipped it from almost believable into proper bollocks 😂😂😂

IAmMumWho · 31/05/2018 18:18

Inspections and viewings are 48 hrs notice.

But please make sure you or oh are in to assist such viewings. You don't want any tom dick or Harry roaming your home.

Don't think you can decline, check your tenancy agreement small print

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