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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To want to be in my rented flat when viewings are taking place?

79 replies

maroonballoon · 08/06/2022 13:21

My landlord is selling the flat I'm renting. He's said I can stay here on a rolling tenancy until it sells.

The estate agents have started viewings and mentioned at the last viewing that I should offer them times when I won't be home.

I'm trying to be as accommodating as possible (within reason) but I am not comfortable with strangers snooping round my home when I'm not here. I really doubt anything bad would happen but I'd rather not take the risk. All my stuff is here and some of the last viewers have been very bold in going through all of my cupboards. I'm not sure how the contents of my wardrobe (not built-in and won't come with the flat) helps them in their purchase decision.

I'm happy to stay out of the way when any prospective buyers come round. I find it a bit awkward too but much prefer that than worrying about my things.

I do see where the estate agents are coming from but I'm still paying rent (which isn't cheap!) to live here. If it was my own home I was selling, I'd be more willing to do whatever was needed but I'm not benefitting in any way from this sale. I don't want to be kicked out of my own home every Saturday afternoon.

AIBU to insist that I am present in my flat for all viewings?

OP posts:
Badqueeen · 08/06/2022 13:24

Nope not unreasonable. Technically you don't even have to let them in for viewings. You're entitled to quiet enjoyment of your home. If they're not happy with you being there then they can wait till you move out.

Skinnermarink · 08/06/2022 13:25

You don’t have to allow any viewings at all. Do it on your terms.

ComDummings · 08/06/2022 13:28

YANBU at all

TooMuchBoozeTooManyBoos · 08/06/2022 13:30

Normally I'd tell them to bugger orf and do the viewings after I've moved out or do them to my convenience.

However, the rolling contract sounds like it's something that benefits you as well as your landlord. In that case, I'd be tempted to go along with what their request, lest that rolling contract comes to a sudden end.

Unless you don't mind it coming to an end. Then, hold your ground Smile

TooMuchBoozeTooManyBoos · 08/06/2022 13:31

Badqueeen · 08/06/2022 13:24

Nope not unreasonable. Technically you don't even have to let them in for viewings. You're entitled to quiet enjoyment of your home. If they're not happy with you being there then they can wait till you move out.

I don't think they can as the OP is on a rolling contract until it sells. It won't ever sell without viewings so there will never be a period it is empty for viewings.

erinaceus · 08/06/2022 13:31

One compromise you could suggest is to request that your landlord and estate agent do an open house, where a morning or afternoon is set aside for viewings. You could either go out for that time, and as at least it is only once, you could hide/move anything you did not feel comfortable having on show. Or you could stay in the flat, I think it would be less awkward because there will be multiple viewers with potentially some of them there at the same time so if you kept a lo profile no need for anyone to realise that you are the tenant.

I would also try to ensure that the estate agent knows that the furniture does not come with the flat. It is a bit off of prospective buyers to open wardrobes and similar.

As others have said, though, you are not obliged to allow viewings.

PizzaPatel · 08/06/2022 13:35

Hmmm not unreasonable per se as it’s your legal right but would you consider saying instead that all viewings must be supervised by an agent? Then stipulate where people should not look. And also give the times when you’re not in anyway rather than offering times when you’d have to absent yourself and it doesn’t suit you?

Personally I’d rather not have to sit through viewings at all so I’d rather be out, though I do understand that you want your privacy respected - it’s all so tedious.

Original poster
maroonballoon · 08/06/2022 13:35

Thank you all.

I'm fairly happy for them to hold viewings while I'm still here, mainly as I'm concerned the alternative is that the landlord evicts me so he can get on with the sale. I am likely moving city in December/January (it wouldn't be before then due to work reasons) so want to avoid a situation where he kicks me out and I have to try a find a short term rental, which don't seem to exist around here.

OP posts:
BernadetteRostankowskiWolowitz · 08/06/2022 13:38

Yanbu.

I'd email the EA "given that I do not have to facilitate any viewings whilst living here, I would respectfully request that all viewings are done whilst I am on site. My availability for viewings is X,Y,Z"

TibetanTerrah · 08/06/2022 13:39

maroonballoon · 08/06/2022 13:35

Thank you all.

I'm fairly happy for them to hold viewings while I'm still here, mainly as I'm concerned the alternative is that the landlord evicts me so he can get on with the sale. I am likely moving city in December/January (it wouldn't be before then due to work reasons) so want to avoid a situation where he kicks me out and I have to try a find a short term rental, which don't seem to exist around here.

Just keep in mind hes not letting you stay on a rolling contract out of kindness, it's so he can carry on taking rent until the last possible moment.

Tell the agent youre happy to be accommodating but you want to be in the property during viewings. you don't want constant disruption to your life with feeling like you have to make yourself scarce in a home you pay a lot for.

Flatandhappy · 08/06/2022 13:40

When this happened to us I asked for confirmation in writing that someone, either the estate agent or landlord, held insurance that would cover any theft or damage during viewings. They responded saying that I would have to rely on my insurance so I refused viewings where I wasn’t in the home and insisted that everyone was accompanied by the estate agent at all times. We had shitloads of tech, PlayStations etc. so there was no way people were just wandering round.

GreenWheat · 08/06/2022 13:43

I really dislike viewing a property I might buy when someone is home. It's cloying and I don't feel I can make honest comments to my DH as we view. This is precisely why landlords should sell their properties once vacant, but of course that involves cost. In this instance though it sounds like you don't want to be kicked out until it suits you, in which case you need to be a bit more accommodating. Properties on the market that still have tenants in are unappealing because of the risk of the tenants not leaving upon exchange /completion.

ClaudiaWankleman · 08/06/2022 13:43

I'm fairly happy for them to hold viewings while I'm still here, mainly as I'm concerned the alternative is that the landlord evicts me so he can get on with the sale.

This is very sensible and is what I was thinking. I would go back to the EA and say that you aren't comfortable being out of your home while viewings take place. They don't have any right to require you to be out.

Muezza · 08/06/2022 13:45

YANBU

I would be really uncomfortable with strangers poking around in cupboards etc when I'm not present. I think it's totally reasonable to make them do viewings when you're present.

I think as a Pp said you need to remind the agent that the furniture is not included with the flat, so if they have any prospective buyers who start poking around they need to tactfully stop them.

FrenchFancie · 08/06/2022 13:46

As a landlord we’ve been on the other side of this.
we have the right to access to property (for viewing etc) with reasonable notice - usually held by the courts to be 24hours. We tried to accommodate our tenant where possible but when she was getting difficult (only allowing viewings at really odd and unreasonable times, like 11.30 on a Tuesday and not at all at the weekend), we just had to tell her we were coming in.
we always demanded that our agent accompanied viewings, and that prospective purchasers weren’t left alone at the property - I don’t think anyone would take anything but we wanted to protect our tenant.
if you work with your landlord and their agent they will let you stay until it sells. If not, don’t be surprised to find yourself served a s21 notice. If everyone is reasonable and works together things will be ok - but as a tenant you have to understand that it is your landlord’s property to sell if they choose and they have a right to access to allow viewings.

Muezza · 08/06/2022 13:47

GreenWheat · 08/06/2022 13:43

I really dislike viewing a property I might buy when someone is home. It's cloying and I don't feel I can make honest comments to my DH as we view. This is precisely why landlords should sell their properties once vacant, but of course that involves cost. In this instance though it sounds like you don't want to be kicked out until it suits you, in which case you need to be a bit more accommodating. Properties on the market that still have tenants in are unappealing because of the risk of the tenants not leaving upon exchange /completion.

None of this is OPs problem though, as it isn't her property to sell but is still her home.

Chamomileteaplease · 08/06/2022 13:47

If viewers had been looking through my not built-in wardrobe I would be bloody annoyed too!

The agent should not have allowed that and YANBU to now not trust them.

godmum56 · 08/06/2022 13:52

You might express your concerns to the EA and ask them to point out to viewers that xyz are not included in the sale and the contents are private to the renter....in fact you might offer to put (polite) signs up on the wardrobes you own and so on...I think you must expect them to open things like kitchen cupboards and anything fitted regardless of whether you are there or not. Twice I have sold houses where I was not in residence all the time but my stuff was but I did move out my valuables and anything I treasured, also did make clear to the EA that they were responsible for breakages and so in in my absence...also for proper locking up.

Edderkop · 08/06/2022 13:56

If you want to move in January you'd be better moving now and getting a 6 month contract surely?

As a landlord we’ve been on the other side of this.
we have the right to access to property (for viewing etc) with reasonable notice - usually held by the courts to be 24hours.

Not true, there's no obligation to allow viewings at all.

namechange30455 · 08/06/2022 13:57

FrenchFancie · 08/06/2022 13:46

As a landlord we’ve been on the other side of this.
we have the right to access to property (for viewing etc) with reasonable notice - usually held by the courts to be 24hours. We tried to accommodate our tenant where possible but when she was getting difficult (only allowing viewings at really odd and unreasonable times, like 11.30 on a Tuesday and not at all at the weekend), we just had to tell her we were coming in.
we always demanded that our agent accompanied viewings, and that prospective purchasers weren’t left alone at the property - I don’t think anyone would take anything but we wanted to protect our tenant.
if you work with your landlord and their agent they will let you stay until it sells. If not, don’t be surprised to find yourself served a s21 notice. If everyone is reasonable and works together things will be ok - but as a tenant you have to understand that it is your landlord’s property to sell if they choose and they have a right to access to allow viewings.

That is absolutely not what your right of access is for. I'm glad you're not my landlord.

Wannabegreenfingers · 08/06/2022 13:59

Can you ask that they do blocks of bookings, say all on a Saturday morning where possible. I've recently brought a new property and I'll be honest it was horrible viewing a house where the tenant's/owners were in.

TibetanTerrah · 08/06/2022 14:02

FrenchFancie · 08/06/2022 13:46

As a landlord we’ve been on the other side of this.
we have the right to access to property (for viewing etc) with reasonable notice - usually held by the courts to be 24hours. We tried to accommodate our tenant where possible but when she was getting difficult (only allowing viewings at really odd and unreasonable times, like 11.30 on a Tuesday and not at all at the weekend), we just had to tell her we were coming in.
we always demanded that our agent accompanied viewings, and that prospective purchasers weren’t left alone at the property - I don’t think anyone would take anything but we wanted to protect our tenant.
if you work with your landlord and their agent they will let you stay until it sells. If not, don’t be surprised to find yourself served a s21 notice. If everyone is reasonable and works together things will be ok - but as a tenant you have to understand that it is your landlord’s property to sell if they choose and they have a right to access to allow viewings.

Oh dear. Yet another landlord who doesn't actually know the law.

You only have right of access in an emergency. You can ask for access with 24hrs notice but tenant doesn't have to give it to you.

ComDummings · 08/06/2022 14:02

FrenchFancie · 08/06/2022 13:46

As a landlord we’ve been on the other side of this.
we have the right to access to property (for viewing etc) with reasonable notice - usually held by the courts to be 24hours. We tried to accommodate our tenant where possible but when she was getting difficult (only allowing viewings at really odd and unreasonable times, like 11.30 on a Tuesday and not at all at the weekend), we just had to tell her we were coming in.
we always demanded that our agent accompanied viewings, and that prospective purchasers weren’t left alone at the property - I don’t think anyone would take anything but we wanted to protect our tenant.
if you work with your landlord and their agent they will let you stay until it sells. If not, don’t be surprised to find yourself served a s21 notice. If everyone is reasonable and works together things will be ok - but as a tenant you have to understand that it is your landlord’s property to sell if they choose and they have a right to access to allow viewings.

Jesus Christ you shouldn’t be a landlord. You have no right to enter the property unless there’s an emergency - fire/flood/gas leak. You can ask for access and 24 hours notice is required but the tenant is never under any obligation to grant you access for anything.

Throckmorton · 08/06/2022 14:02

FrenchFancie · 08/06/2022 13:46

As a landlord we’ve been on the other side of this.
we have the right to access to property (for viewing etc) with reasonable notice - usually held by the courts to be 24hours. We tried to accommodate our tenant where possible but when she was getting difficult (only allowing viewings at really odd and unreasonable times, like 11.30 on a Tuesday and not at all at the weekend), we just had to tell her we were coming in.
we always demanded that our agent accompanied viewings, and that prospective purchasers weren’t left alone at the property - I don’t think anyone would take anything but we wanted to protect our tenant.
if you work with your landlord and their agent they will let you stay until it sells. If not, don’t be surprised to find yourself served a s21 notice. If everyone is reasonable and works together things will be ok - but as a tenant you have to understand that it is your landlord’s property to sell if they choose and they have a right to access to allow viewings.

You absolutely do not have the right to access for viewings. And if you've written it into the contract... you still don't as the law over-rides your contract

Original poster
maroonballoon · 08/06/2022 14:03

I don't really trust the estate agent to act on my behalf if I were to go out and leave them in charge. It's probably a bit over the top but my experiences from when I was looking to rent put me off giving an EA free rein.

I know the likelihood of anything bad happening is very small but I'm concerned of being put in a difficult situation if anything expensive did go missing/get broken, since I'd willingly let these people into my home. If I could get something in writing from the EA/landlord, that would be reassuring - thanks for the suggestion! I definitely also need to reiterate what furniture is mine and that they shouldn't look in my wardrobe etc.

I think I am being reasonable and certainly am not trying to be difficult just for the sake of it. I've offered Mon/Tues/Weds evenings (requested that they just stick to 1-2 of these a week but I'm flexible as to the day) and Saturday late morning/afternoons. If they could do an open house one Saturday, that could work well. To be honest, I'd be happy enough for them to do other times but I don't want to set precedent for that in case it takes a while to sell.

Thanks again for all the opinions. I can definitely see both sides but will stand my ground for now.

OP posts: