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Original poster

URGENT: Does a tenant have to allow a survey?

106 replies

Pricklypear12 · 29/06/2021 11:08

I'm a tenant and my LL has sold the house. She had 20-25 viewings over a period of about 6 weeks which I agreed to and facilitated. I even helped the EA take photos for Rightmove etc.

She only told us she was selling the house straight after we had signed a contract for another 6 months at the property (ends 1st Sep). At the time we asked if we could leave the contract early if we find elsewhere to live and the answer was a "yes but I might change my mind". If she hadn't sold the house we would've stayed long term. We always got on fine with LL and paid on time and keep property clean and tidy etc.

Fast forward to now and LL is refusing to let us leave the contract early and insists on us paying full rent until the very end. I'm obviously annoyed by this as I've essentially facilitated her house sale and now I'm effectively being forced to stay or pay 2 lots of rent. I appreciate that we signed a contract so not much we can do.

Now her buyers are wanting to do a survey on the property. Am I allowed to say no? I've put up with so many viewings and I'm fed up by the LL unreasonable behaviour and wish to be left alone for the last couple of months of my tenancy. My contract states I must allow viewings in the last 2 months of my tenancy (that starts 1st July - 1st Sep) but doesn't mention surveys. I've been going around in circles trying to get legal advice about this. Please help!

OP posts:
bluebell34567 · 29/06/2021 11:49

i think they are harrassing you. say no to this.

Original poster
Pricklypear12 · 29/06/2021 11:49

@Cavagirl the LLs estate agent (different to lettings agent) who is selling the house gave it to them! They had it as they used to contact me to arrange viewings. I always had to be in for all the viewings to let them in, then I'd have to stand outside with my toddler because of covid

OP posts:
Original poster
Pricklypear12 · 29/06/2021 11:50

The LL herself only ever turned up to 1 or 2 of the viewings. I had to do some of them and majority were done by EA

OP posts:
bluebell34567 · 29/06/2021 11:51

thats too much. i wouldnt stand for that.

Cavagirl · 29/06/2021 11:55

I think you've been very nice and your landlord is taking the piss. And I don't say that lightly.
I'd be developing a problem with my phone, covid symptoms and a very busy schedule until the LL allows you to leave early.
You can be a pain in the arse and make life difficult for her without breaching contact and incentivise her to be more flexible with you.
You've played nice and it's got you nowhere.

bluebell34567 · 29/06/2021 11:57

@Cavagirl

I think you've been very nice and your landlord is taking the piss. And I don't say that lightly. I'd be developing a problem with my phone, covid symptoms and a very busy schedule until the LL allows you to leave early. You can be a pain in the arse and make life difficult for her without breaching contact and incentivise her to be more flexible with you. You've played nice and it's got you nowhere.
yeah, be a bit more assertive.
Melitza · 29/06/2021 11:57

@Pricklypear12

The LL herself only ever turned up to 1 or 2 of the viewings. I had to do some of them and majority were done by EA
You need to stop being so considerate.

I am a LL and would never annoy my tenants like this.
It's your home, you have a legal right to quiet enjoyment.
We need our agent to access our property for some remedial work to be assessed but they're not responding.
Frustrating, but I will not hassle them.

Melitza · 29/06/2021 11:57

The tenant not responding that should say.

Faranth · 29/06/2021 11:58

You didn't even have to allow any viewings. Those clauses aren't enforceable. A contract can say whatever people want, but you cant be bound by something that's illegal, and you have a right to 'quiet enjoyment' under the law.

As she's being so unpleasant I'd say no to the survey, tell her she can arrange it for when you've left. In October. Say if she'd like you out before then, then you're willing to compromise - if you can leave early with 1 month notice.

I've rented for years, and always had good relationships with LLs. We had a property we were in sold, and did the same as you with facilitating viewings and helping estate agent take photos (moving furniture out of shot to make the rooms look best, etc)

If at any point the landlord had started being unpleasant like yours, then all the extra helping I was doing would have stopped, no question.

bluebell34567 · 29/06/2021 11:58

she is not playing nice.
'yeah, but i can change my mind later'. that slippery slope. but you can still take her word.

Original poster
Pricklypear12 · 29/06/2021 11:59

Is it a breach of data for that estate agent working for LL to have passed my phone number on to the valuation company (who have rang me and sent voicemails since yesterday) without my permission?

OP posts:
Original poster
Pricklypear12 · 29/06/2021 12:00

@bluebell34567 I know. I should've said at that time no viewings then but I was trying to be nice and not be a difficult tenant. She was already annoyed at me because I said no viewings on weekends. I allowed weekdays until 7pm (other than my toddlers nap times)

OP posts:
bluebell34567 · 29/06/2021 12:02

@Pricklypear12

Is it a breach of data for that estate agent working for LL to have passed my phone number on to the valuation company (who have rang me and sent voicemails since yesterday) without my permission?
yes it is. they shouldnt do that.
bluebell34567 · 29/06/2021 12:03

[quote Pricklypear12]@bluebell34567 I know. I should've said at that time no viewings then but I was trying to be nice and not be a difficult tenant. She was already annoyed at me because I said no viewings on weekends. I allowed weekdays until 7pm (other than my toddlers nap times)[/quote]
let her be annoyed. you are annoyed, too. and on top of that being harrassed.

YelloYelloYello · 29/06/2021 12:03

You did not have to allow all those viewings.

You’re being a bit of a pushover. If it was me I wouldn’t allow the inspection and I would kick up a fuss that my mobile number had been given out.

Call/email Shelter to double check the legal side of things but my understanding is no, legally, you don’t have to let them in.

bluebell34567 · 29/06/2021 12:05

by survey companies, too.

YelloYelloYello · 29/06/2021 12:05

[quote Pricklypear12]@bluebell34567 I know. I should've said at that time no viewings then but I was trying to be nice and not be a difficult tenant. She was already annoyed at me because I said no viewings on weekends. I allowed weekdays until 7pm (other than my toddlers nap times)[/quote]
She doesn’t realise how good she’s had it with you. She’s taking advantage.

bluebell34567 · 29/06/2021 12:06

meant harrased by survey companies, too because of LL. they are not giving you and peace.
and so inconsiderate that you are pregnant.

bluebell34567 · 29/06/2021 12:07

any peace.

ComDummings · 29/06/2021 12:08

@safariboot

Viewing clauses are unenforceable and not in effect anyway.

You can refuse to allow the surveyor in.

Your landlord has been a bait and switching arsehole so it'll serve him right if his sale falls through.

This ^
VariantL1130 · 29/06/2021 12:13

Shelter are the best people to advise. They are the experts.

RB68 · 29/06/2021 12:15

Alternatively play her at her own game.

Allow the surveyor if accompanied by the buyer, then deal with the buyer saying prepared to leave earlier etc etc but need them to force her hand etc and see what happens

fruitbrewhaha · 29/06/2021 12:17

Goodness you have really bent over backwards to help your LL and this is what you get in return.

As stated above there is a clause in the contract to allow inspection so she could theoretically sue you for breach if you refused and it lost her the sale as she would incur loses.

However, have you returned the notice form, signed etc agreeing to the 22 October timescale? You don't have to. You can write a letter stating you'd be happy to agree to a shorted notice period of say 2 weeks given any time from now. State that it is impossible for you to agree that you will vacate by a particular date because of the scarcity of housing stock available to rent and that you cannot make yourself and your family homeless. You will of course do your best to vacate but will need her flexibility. Send this letter to her, the letting agents and the selling agents so they are all aware there could be an issue with exchange and completion. The buyers solicitor will advise to only exchange after you have left. In fact her solicitor will do too as there is no guarantee a tenant will be gone by completion.

I would suspect that this letter (be polite and factual) will inform the agents and solicitors who should give her a nudge to tell her to be flexible or she may lose the sale. Unless the new owners are planning to rent out? No one wants to waste money on having to evict a tenant and it will take ages.

ArchbishopOfBanterbury · 29/06/2021 12:17

I'm 30 weeks and just wouldn't have it in me to fight, while pregnant.

You don't have to, but you won't gain much by refusing. It's a 1 off, maybe 1 hour, and then it's done and you can all make plans in peace for the move.

If you do decline, it will just frustrate the landlord. No benefit to you. Selfishly, I'd rather leave on good terms so they make your move easier.

There's no advantage to antagonising them when you've only got a few months left. You don't need the stress.

FAQs · 29/06/2021 12:17

It look like the Surveyor comes under 8.3.1

What are the conditions of your deposit?

You can refuse access and the only option open to the landlady is a Court order, the landlady might be able to claim costs but it depends on what the deposit terms are.

Probably be more expense and hassle for her to take that route with so little time left.

Have you found somewhere, it’s not fair but could you offer some of the deposit money as your last rental payment and move now, although that only benefits the landlady of course ..

I’ll allow you to move out earlier.

Is the buyer not a buy to let landlord, in theory you could get really difficult with this and refuse to leave, if the buyer is buying for their own occupation, the mortgage company won’t release funds until the property is vacant so she should be mindful of that and the potential eviction route, costs and timescales so should be working with you, not against you, the ball can be in your Court if you want it to be.