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

[maroonballoon]

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?

I've worked in Estate Agency for a long time and I did have a rented property that I sold a few years ago too. You are not being unreasonable. The fact is you're paying rent and with that there comes more hoops for the agent to jump through, that's not your problem. I would just be honest and say you'd prefer to be there during viewings because it's your home.

However don't expect them to understand where you're coming from, they go into peoples homes every day and show prospective buyers around, you saying you'd rather be there isn't ideal from their perspective.

I've done viewings with tenants there and it's ALWAYS awkward. The viewer feels like they can't talk about what they're thinking and if they can't talk about what they think, the agent is going to struggle to find them them the right property. Sorry if anyone here doesn't agree with me, but that's my own experience.

Like I said though, that's not your problem.

You’re absolutely correct not to trust the agent. They’re there for the landlord or prospective tenants/buyers and don’t give a shit about your privacy.

You do understand that someone is still living there right? Perhaps working from home and having to do Zoom meetings with clients that are prearranged?

And I would hate to stay home on the weekends due to a situation I did not choose and have no control over on a property I pay to live in and to have my privacy.

If it's such a problem to do viewings than you have to wait till the tennant has moved out.

When I rented, if my landlord had treated me reasonably during my tenancy, I responded in kind by being accommodating and allowing viewings when I wasn’t there as long as accompanied by an EA. I never had any issues with landlords trying to keep deposits, etc (when in reality they could have done as during my time, I probably had broken a couple of things) and it always felt good to leave on good terms.

I hated my weekends being interrupted by viewings so I was fairly strict about this, and usually insisted on say a Saturday morning only and I would pop to the shops while the viewings took place.

Viewings while still in situ are all part of renting, you just have to suck it up. Landlords will lose a lot of money if forced to wait until the property is vacant. Why be obdurate. This only applies if the landlord has been a good one!

I'm on a fixed contract until the end of August, which is when I'll move onto the rolling tenancy.

I'd been hoping that the flat wouldn't sell instantly and I'd be able to stay until the end of October/November at least, although I hadn't realised they would start marketing & viewings quite so soon. If I could stay until November, I could then hopefully stay with a friend for a few weeks and move city in December. A new 6 month contract ties me in until the end of February which is a bit longer than I'd like but if the flat sells quickly, I'll have to go with that.

As you’ve identified, the wider issue of allowing any viewings to take place at all, is a trade-off. You can keep the landlord out and prevent all viewings until he has evicted you and has vacant possession. He doesn’t want to do that because he loses rent and you don’t want that because for the moment you prefer to stay on. You staying on but allowing viewings is a reasonable compromise.

However I see no reason why you should make an additional compromise by allowing the EE in when you are not there, especially when they have already stood by and let viewers go through your wardrobe when they should have stopped it by saying “not included in the sale.” EEs are notoriously prone to riding rough shod over tenants to get the sale and their commission, and many of them wrongly believe they are entitled to viewings while the tenant is in occupation. Tell them no.

I wish people wouldn't give incorrect advice. Tenants are not obliged to allow any viewing at all, regardless of what is in their contract.
So if Op is allowing some viewings but only when she's there she is being really helpful.

I also want to leave on good terms. I'm happy to accommodate viewings and I'm really not trying to be awkward. I'm just not comfortable with having people in my home and going through my things when I'm not there.

Although I would say it's not really my problem if the landlord loses money while the property is vacant until it sells. As I've mentioned above, the current situation works for both of us given my circumstances but at the end of the day, the landlord is the one who's getting both the benefits of my rent money plus the sale. If he wants both, I think some small compromises are acceptable.

I had letting agents demanding access all the time when I was at hold with a 6 week old baby. I did give them times when they could come, offered to video the flat to to make it easier but they roughshod all over it and would harass me all day on the phone with last minute viewing requests, or just turn up and try to come in! I marched down to Foxton’s (who else) and demanded my keys back and told them they should be absolutely ashamed of themselves, trying to bully a new and sleep deprived mum like that. No viewings from then on, too bad.

the landlord couldn’t have been more apologetic, he’d told them to disturb us as little as possible.

I wouldn't allow any viewings. Once you let them start that, they will pester your regularly.

Also, even if the LL started S21 eviction there is no way you'd be out before Christmas, anyway.

And as for FrenchFancie 🤔🤐, just be glad they're not your LL. Seems as they don't know the law, they'd probably let themselves in whenever ethyl felt like it.

Quote:
"I'd been hoping that the flat wouldn't sell instantly and I'd be able to stay until the end of October/November at least, although I hadn't realised they would start marketing & viewings quite so soon. If I could stay until November, I could then hopefully stay with a friend for a few weeks and move city in December. A new 6 month contract ties me in until the end of February which is a bit longer than I'd like but if the flat sells quickly, I'll have to go with that."

Hi OP,
You are in a much stronger position that you realise - you just don't know your rights.

The only people that can end a tenancy are the tenant and the courts. When the landlord "serves notice" they are serving notice of their intention to go to court to get possession of their property back.

Have they even served you an eviction notice or has it been an informal "landlord wants to sell blah blah blah"? Assuming they have not served you an eviction notice firstly do not bring this to their attention or they will issue one sharpish. If your landlord gets a buyer their solicitor and mortgage provider will require vacant possession (if for their own residential mortgage) and so your landlord will probably ask you to leave. They will probably try not to even give you your statutory (legal right) notice period as they will be worried their buyers will get fed up. You are legally entitled to two months notice but then you do not have to leave until ordered by a court.

If proceedings went as far as court then the landlord can ask for an order to recoup court fees from the tenant but before you get that far there are many reasons that a section 21 can be invalid - look them up on a reputable site e.g. if you don't have a valid gas safety certificate (and there is gas in the property) or you weren't given an EPC. Again if you don't have these things don't flag it to the landlord let it fail in court (or the precourt information stage) and they will have to rectify it and give you 2 months notice again.

I am not anti landlord but I don't think you should mess about with someone's home lightly. Proper notice periods exist for a reason - it is hard to find somewhere to rent and getting more and more difficult. Just because the landlord would like you to leave whenever they say to sell up you absolutely don't have to roll over.

Just tell the EAs that you're going to be in the house while the viewings took place as you don't feel comfortable otherwise. Its not a big deal.

All this long legal stuff everyone's on about, do you really want to go through so much headache?... I wish we would make life more simple sometimes.

I would recommend a compromise - let the agent do an open house on Saturday morning and take any valuables with you. The rest of the time you will be in the property when anyone comes to view. When I was selling my house I deliberately stayed away from viewings - the place was small enough. Without me taking up space. Potential buyers can also be put off by feeling that someone is looking over their shoulder and they cannot speak freely. I was in your position several years ago and cooperated with the agent and owner as much as possible - I got my full deposit back, no end of tenancy cleaning fee and a glowing reference.

I’m assuming the landlord will just terminate as of end of august and wish you to leave at that point op so they can crack on with it.

Also - the landlord will sell with or without your help. If you want to stay until November-tell them. They might need to sell and may not be able to accommodate you. If you try to make the sale difficult, you can forget about your rolling tenancy agreement. Trying to put off potential buyers isn’t going to help you.

Well no you don't have to go out, but they will struggle to sell with you there.
I expect the landlord will just ask you to leave sooner.

@Notmytiep
"All this long legal stuff everyone's on about, do you really want to go through so much headache?... I wish we would make life more simple sometimes."

By "all this long legal stuff" do you mean expecting a landlord to give a tenant their legal notice period? Would it be "simple" if tenants knew their place and just toddled off when their landlord said so? What notice do you think is reasonable to get out of your home - a week? a day? Regardless there is a legal process to protect tenants from people that think like this. This is the landlords house but the tenants home and the tenant should be treated properly with respect. It can be tough to find a new place to live.

The landlord doesn't have to "grant" you a rolling tenancy - it happens automatically when your fixed term expires.

Oh cmon, the landlord can serve notice of two months. She’s no right to stay there for ever and respect is a two way street.

Who is disrespecting her? The EAs are being reasonable and they haven't asked anything out of the ordinary. Common sense would tell you its easier to have viewings if the tenant is out of the house. Did OP say the EAs gave her an ultimatum? No!

It's not all the time people should be as stiff arse about everything. This is actually a very simple matter that just requires some compromising. Its nothing to make a BIG deal of, it hasn't gotten to that yet to start whipping out legal jargons.

people advising op that she could force the landlord to take her to court to evict her, won’t that put a court based eviction on her leasing record and make it harder to find a flat in the future?

In contrast to what some posters keep saying on this and other threads, I think that if it is in your contract to allow viewings then you do have to allow it. I'm sure you can insist that you stay there though.

england.shelter.org.uk/housing_advice/private_renting/what_to_do_when_you_leave_your_rented_home#:~:text=You%20do%20not%20have%20to,with%20getting%20your%20deposit%20back.

When we were leaving our rented flat I had a new baby and covid was an issue, I specifically told the EA I wanted to be out for the viewings. Every time they turned up without the key, phoned me up and got shitty with mw for not being there to let them in!

TBH, if the landlord is really serious about selling the property, they should serve you notice anyway, because no one will be able to buy without vacant possession, unless they are a cash buyer or on a btl mortgage. You'll just get lots of people looking round and then finding the mortgage company don't like it. But of course the landlord doesn't want to accept that they have to have a period with no rental income. 🙄