Landlord aibu

[londonba]

I posted about this before, but basically the landlord asked to raise my rent, then stated he would not raise the rent and my new contract would be issued under the new rent. This was around 2 months ago. I have this in writing.

my contract is due to expire next month. The letting agent has messaged me today to state they want to take photographs and measurements of the property. Aibu to think they’re just trying to relist the property and rent to someone else? I just find it strange that the new contract hasn’t been issued.

Oops, I meant he said my new contract would be issued under the current rent ie no increase

They’ll need to give you notice if they’re re-listing. No harm in speaking to the agent to clarify.

Just feel like they’ve left me with no time as they already said they would continue with the contract! It expires on 21 August, so am I right in thinking they would need to give me a full 4 weeks notice?

I asked what is happening with the new contact and they replied “the landlord wants the photos to check the condition of the property first”.

Could be preparing to sell, nobody here can tell you for sure though. Might be that they will sell it with tenant in situ.. might want to sell with vacant possession. Not much point in speculating, have a chat with the LL.

When it expires you go into a rolling contract. They would have to give two full months notice asking you to leave. Legal notice that is. It’s also only a please it doesn’t force you to leave. You could drag it all the way to court.

If you wish to leave it’s one full calendar month notice too.

Understand your tenancy rights - Shelter England

probably a good place to look
they have other sites if you're not in England

Private renting - Shelter England

@MythosK I posted at the same time as you above with their recent response. I’m not sure how to respond

I would start looking at new properties

What type of tenancy do you have?

do you rent a room or a whole house?

Tenancies don't expire. They just automatically go onto a rolling contract.

The LL has to give 2 months notice in line with the rent date.

I rent an apartment and it’s AST. The landlord is based in china and the agent thinks he’s never seen the place. Would I be okay to refuse to allow them to take photos? I think they’re using the landlord wanting to see the place as a reason, but in reality want to take photos to post online. I don’t really want my belongings online. Especially as I bought most of the furniture so new tenants wouldn’t have access to that.

Yes. You're legally entitled to quiet enjoyment of the property so perfectly within your rights to say no. Put it in writing and say you don't want photos taking as the flat is full of your belongings.

They might try issuing an S21 if you refuse though...

Your tenancy agreement will contain provisions about access by the LL. Normally these would be something along the lines of reasonable notice for reasonable purposes. I don't think an argument about preventing an inspection, including taking photos would fly.

Ultimately, if the landlord wants you out, for any reason or none then Section 21 of the Housing Act they can. Provided they've done everything correctly with the tenancy, protecting the deposit etc and the S21 is properly drafted and then there's not much you can do as a defence.

Depending on your circumstances being given an S21 and proceeding to eviction can help your position in the priority list for Social Housing. But unless you've got kids or health etc vulnerabilities that's unlikely to get you into a place.

S21 is a crappy bit of law but until the government get around to changing it that's where we are. In practice you get two months notice and, if you sit tight and wait for a possession order, which they need to actually evict, considerably longer.

In your shoes I'd let them do their inspection etc. If you're OK otherwise in the place I'd hang on and keep paying the rent.

I don't think an argument about preventing an inspection, including taking photos would fly.

what do you mean by this sorry?
The agent is coming over to add an aerial cable, which should have been actioned 2 years ago. They have messaged me today to say they also want to take photos and measurements. I haven’t booked in an inspection, it was supposed to be a repair

Coming over tomorrow*

That is normal . Photos are an excellent way to avoid arguments like " that crack/hole/stain/tear was already there/not there a year ago ".

Making the agents take up to date photos is a way the LL has proof the Agents really have visited the property to do the routine checks he pays them to do.
Its not a reflection on you.

But the LL also said "and measure up" which means it has nothing to do with an inspection! Photos are only helpful at the very beginning of a tenancy and once a tenant has moved out and left the property.

@Bromptotoo the LL can write whatever they want into the tenancy but it does not over-ride the tenants legal right to quiet enjoyment.

From Shelter:
Your right to quiet enjoyment
This means your right to make use of your home without disturbance from the landlord or anyone acting on their behalf.
You have this right even if you never had a written agreement, or if your fixed term assured shorthold tenancy has ended.
It could breach your right to quiet enjoyment if your landlord:

• comes into your home without permission
• refuses to carry out repairs or safety checks
• interferes with gas, electricity or water supply
• is abusive, threatening or overly persistent about any issue
• visits frequently without notice, appointment or agreement

Unwanted visits or access to your home As a tenant you have control over who comes into your home. This is called 'exclusive possession' or 'exclusive occupation'. It means your landlord cannot come in without your permission. Your landlord may still need or want access in some situations.

@londonba - I'd put in writing that they can come and fix the aerial cable, but they do not have permission to take photos as the property is full of your belongings.

Are you aware that you don’t have to sign a new tenancy agreement at the end of the 12 month period? If you do nothing then it automatically becomes a periodic tenancy which is month to month.

Your right to quiet enjoyment and exclusive possession of your home is real but so is the Landlord's right to inspect on proper notice.

I don't think @londonba would have good prospect of success for refusing access to inspect where properly and reasonably notified with reasonable flexibility as to time etc.

Doing so without notice or at a frequency greater than needed is a different kettle of fishes.

An inspection would be fair.

Fixing something would be fair.

Taking photos and measurements would not be fair.

But the LL also said "and measure up" which means it has nothing to do with an inspection!

Measure up for what?

New curtains, carpet, sofa? A new WM to replace the one that's past its guarantee period? LL might replace "wear and tear" fixtures and fittings on a regular basis for tax reasons.

Surely the owner was sent photos and measurements when they bought the property? The agents certainly would.

As PP’s have said, an inspection is reasonable though.

I would say that pictures/measurements might be fair; depends on the facts.

If, for whatever reason, the LL or his agent have not got proper up to date measurements - or there is doubt as to their accuracy - then remeasuring isn't unfair.

Neither, in my mind, are up to date photographs provided the tenant and their possessions are properly treated.