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Original poster

Is my Landlord being fair?

38 replies

TwoGrey · 13/12/2012 13:19

DH and I lost out on a property we were trying to buy at the last minute so we decided to rent in the new area in the short term. We still want to buy a house and although we've been actively looking we haven't yet found the right one. Our tenancy is coming to an end and so we have asked the Landlord if we can have a rolling contract so that we can leave with a couple of months notice once we've found a house to buy.

The Landlord has said that he wants to sell the flat (we want a house so not interested in buying it) and wants us to agree to viewings. The only concession he has made is that he's agreed not to increase the rent, but we will have to put up with people been shown around at the weekend and during the week when we are at work. My DH thinks that its a fair arrangement because if we had to leave this flat we would have to move to a new rented place and sign up for a minimum period. I think it's not reasonable as it'll save him having the flat empty while he tries to sell it which will save him a fortune. I am right aren't I?

OP posts:

Solopower1 · 13/12/2012 19:15

Lots of good suggestions for making it easier for the tenants.

But I still think it would be generous to avoid causing distress just before Christmas. And if you do, I hope your tenants are reasonable for you in the New Year.

jinglebellyalltheway · 13/12/2012 19:18

it could be marketed over christmas with the estate agent asked not to book viewings between 23rd and 27th?

some of those days are bank hols anyway so the EAs wouldn't in the first place, but letting the tennants "off the hook" for a run of days over christmas could keep them sweet?

FergusSingsTheBlues · 13/12/2012 19:28

Yeah, i have to say id wait til after christmas for the notice. And i like to give at least two months. Wouldnt dish out notice at christmas, and anyway you wouldnt get the viewers through the door anyway.

Original poster

TwoGrey · 13/12/2012 19:30

I wouldn't start marketing until after Christmas. I'm told by the neighbours that they are nice people and keep the place very tidy and whilst I understand they won't tidy for viewings (why should they) I have the impression it won't be a pig sty. Even if they agree to viewings they could give notice at any time so I'm still likely to have an empty property for some time.

OP posts:

MousyMouse · 13/12/2012 19:38

tbh as a tennant I wouldn't be happy allowing viewing when I am not there.
it is my home after all and full of my (to me) precious possessions.
I would, however, agree to viewings one evening per week and maybe one on the weekend.
another thing to remember is that as a landlord you cannot just tell your tennants that you are coming for a viewing. you need their expressed consent (best in writing per email or text) or you are tresspassing.

Solopower1 · 13/12/2012 19:42

They will give notice as soon as they can, if they think you are going to want to have access to view it. Wouldn't you?

But if you said to them that you wanted to let them off the hook over the Christmas period, they might not be so anxious to leave. Especially as, even if they found a place they wanted to buy tomorrow, nothing happens very quickly when buying houses, and they would be unllikely to be able to move in for several months.

Plus, everyone (including you) would be able to heave a sigh of relief and you would feel all warm and good inside ...

jinglebellyalltheway · 13/12/2012 19:50

yes the LL still has to give notice of entry as normal with viewings as well as the tennant having to reasonably facilitate them

which is why fixed times/days works so well for everyone, the EA doesn't have to check with the tennants and wait to hear back if its okay every time they book a viewing as they know it is (but do still tell them)

OP we did see the benefit to us of making it nice, as once it was in a chain and off the market we had no more viewings

1605 · 13/12/2012 21:15

Fergus and Solo; tenants do not have to consent to access for viewings, it is not "the law", as you said above.

It's a very standard clause in a rental contract, but it is virtually impossible to enforce by landlords.

And I say that as a landlord myself.

Personally, I give my tenants an s.21 (remember it has to be served on or before a rent date; ensure your agent delivers it using registered post), and then don't disturb them.

As soon as they leave, the flats are refreshed and re-presented, and then marketed.

If you know what you're doing, you can avoid voids and keep a good reputation as a landlord.

1605 · 13/12/2012 21:18

Landlords who have no choice but to market with tenants in situ should recognise the inconvenience to their existing tenants and compensate them for it. Tenants are paying for a service and they're entitled to receive exclusive occupation, as that's what they've paid for. If they won't allow access to viewers and EAs and it's not an emergency as defined by the emergency services or an insurer, it's your problem as the LL, not theirs.

Solopower1 · 13/12/2012 21:21

1605 I think a landlord has to give notice of his intention to come to the flat, doesn't he, and he has to know that the tenant has received his email/letter or whatever? I agree that's not the same as saying the tenant has to consent.

1605 · 13/12/2012 21:27

You have to apply in writing (though email or text is now obviously also acceptable) to the tenant at least 24 hours' beforehand.

You have to demonstrate that the reasons for access (maintenance inspection or repairs) are "reasonable", which in this instance is a legal term. Could you convince a judge it was "reasonable" for you to enter, basically?

The tenant does not have to give consent. If the tenant does not give consent, the landlord and/or his representatives cannot enter except in an emergency.

As in so much of life though, being nice is more useful than knowing the law. If you get on well with your LL and vice versa, there's absolutely nothing to be gained by throwing your weight around and if you do both get on, with an equal bit of give and take on both sides, both of your lives will be immeasurably easier.

1605 · 13/12/2012 21:40

I should also add, as a tenant, you'd be bloody daft to refuse access for routine maintenance requests or repairs.

You are also perfectly entitled to have access at times that suit you, not the landlord or their workmen or agents.

BTW If you have a landlord who knocks on the door now and then to collect post and see how you are, they're technically breaking the law. (You'd be astounded how many LLs do this). But if they are not distressing you, it's much better to suck it up than get arsey. Ultimately it's in your interests to stay in your home.

Solopower1 · 13/12/2012 21:57

1605, reasonable behaviour on both sides, I agree!

Money can't buy the peace of mind that good relationships with tenants/landlords give you, imo. It is extremely distressing for a tenant to be in conflict with their landlord - you feel, literally, as if the ground could be swept from under your feet, and it's really hard to keep from panicking. Equally, as a landlord, you also feel vulnerable, especially if you are only letting the one property and all your money is tied up in it.

And it's when people panic that they behave badly and unwisely.

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