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Original poster

Need advice. Really upset by landlords behaviour

395 replies

amazegumball · 07/02/2015 20:36

In a 12 month fixed term agreement which runs out on 12th march and go into a month by month contract.
In the Summer (when my baby was 2 weeks old) I was advised the landlord is selling the property. I explained my situation and said not only will i find it difficult to accommodate viewings with a newborn but we are halfway through a fixed tenancy so he cant.
A week after xmas i get an email saying the property will now be put on the market and two months notice will be given after my fixed term runs out.
Im devastated as i love my home and my kids are in the local school not to mention i have a fitted kitchen and bedroom so will have to fork out for new.
Letting agents emailed last week. Said landlord will be coming on monday to take pics. I was away at the time and said its wasnt convenient.
Just received another email( 5.30pm today ) saying the landlord WILL be coming this monday morning at 10am bringing with him several agents and can i make the house presentable?
I responded saying Monday wasnt convenient (its my bday and ive planned a day out) but the next day was.
Ive just received a email back saying -

Sorry it's going to have to be Monday as it's all booked in with the agents. The landlord left it last week as you were away but cannot change it again.

The landlord wants to keep disturbance to a minimum and will work with you as much as possible but is only required to give you 24 hours notice to enter the property.

Surely i have to agree to this first??
Also if he sells the property do i (as i tenant) go with the sale?
Fed up of moving house every 3 years

OP posts:
TRexingInAsda · 07/02/2015 21:15

You can block them, but your landlord can evict you, and your obstructive behaviour will ensure he doesn't give you any leeway at all at the end of your lease term. He's already given you written Notice? If I was him I'd be preparing paperwork for the court ready to hand in as soon as legally possible. And obviously you'll need a reference to rent anywhere else.

Lyinginwait888 · 07/02/2015 21:16

This happened to me, and I have to say that just letting them get on with it is the best advice I can give. Nobody becomes a landlord to be altruistic. I had an accidental LL and it was a nightmare. He genuinely thought it was still his home. He put it up for rent and sale at the same time and I had to let viewings go on. It was awful. I couldn't wait to leave by the end.

If you're being given the chance to have people do shit whilst you're not there I'd say let them.

Good luck.

JeanneDeMontbaston · 07/02/2015 21:16

caro - are you sure? My contracts have always said the LL must give 24 hours notice before an inspection. But this does not mean you have to let them in.

Can you link?

Viviennemary · 07/02/2015 21:18

It does sound as if the Landlord is being reasonable. I think the landlord does have the right to enter a property with notice. You are in a diffciult situation but rented property is only available as long as the contract stands.

I don't know if you'd want the hassle of being formally evicted. It is hard and if you're happy there it's understandable you don't want to leave. But the bottom line is that it's a rented house and belongs to the landlord and now he wants to sell which he is entitled to do at the end of your agreement.

Caronaim · 07/02/2015 21:19

it on the CAB website, it does say that it is best if it is done at a mutually convention time. I rented for years, and always understood that was the situation, but then I never had any need to query it, if the LL wanted to inspect, or sell, or do repairs, I just let him.

Original poster
amazegumball · 07/02/2015 21:20

Just found this on gov website -

Your landlord has a right to reasonable access to carry out repairs. What ‘reasonable access’ means depends on why your landlord needs to get access. For example, in an emergency, your landlord is entitled to immediate access to carry out any necessary work.

Your landlord also has a right to enter the property to inspect the state of repair or to empty a fuel slot meter, but they should always ask for your permission and should give you at least 24 hours notice.

If you are staying in lodgings where it is agreed that your landlord provides a room-cleaning service or where you share a room with other lodgers, your landlord can enter without permission.

Your landlord does not have a right to enter in any other circumstances unless they have a court order.

If you are having problems with your landlord who is entering the accommodation without the tenant’s permission, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

OP posts:
cerealqueen · 07/02/2015 21:20

Empahise with you having to move. I think you just have to get on with it. I wouldn't stress about making the place immaculate though, just tidy enough.

I don't get the bit about the fitted kitchen and bedroom, surely most houses have a fitted kitchen?

JeanneDeMontbaston · 07/02/2015 21:21

Just checked the government site, and it does not say that they have a right to come in when they like. They say this about the tenant (my bolding):

'You must give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.'

www.gov.uk/private-renting/your-rights-and-responsibilities

Original poster
amazegumball · 07/02/2015 21:21

but they should always ask for your permission and should give you at least 24 hours notice.

OP posts:
OnceUponATimeAgain · 07/02/2015 21:22

He's given you plenty of notice, (last summer) you cant really complain - whats that 6,7,8,9 months?

I would say dont be unreasonable.

Comito · 07/02/2015 21:22

With all due respect, amaze, your LL seems to have been pretty communicative and you appear to be trying to obstruct him because you don't want to move. You might not like it but unfortunately it's a fact of life when you rent that you need to accommodate viewings. Come to an amicable agreement with your LL over viewings and make it painless for you both and it'll be a lot easier to deal with.

In case it looks like I'm siding with the LL, I'm not. I rented for more than 12 years and my LLs ranged from the fantastic to the unhinged.

JeanneDeMontbaston · 07/02/2015 21:25

OP, would you try something like this? Ideally, check what your contract says about access for viewings, but remember contract clauses that are against the law don't count, so it shouldn't matter too much.

'Dear LL,

We wish you all the best with selling the house. We do keep it in good order. Unfortunately, as we have a newborn, it is not convenient for us to allow viewings, and we know you will recognise our legal right to quiet enjoyment. We would be able to accomodate you on [date and time] or [date and time].

Yours,

Tenant.'

Would that be possible? That way you are letting them come in, but not letting them traipse over you 24/7 when you're busy with a newborn.

I just think it's worth a try - I have had LL who sounded incredibly unreasonable initially, but did agree to do what I suggested because I was formal about it.

Original poster
amazegumball · 07/02/2015 21:28

I know i will have to move and im trying to look at it as a postive thing its just being told they are coming whether i like it or not. I just wanted to know if this was legit.

OP posts:
PigletJohn · 07/02/2015 21:29

Sybil " It's not your house, it belongs to your landlord. Paying rent doesn't make it yours"

It is however her home, it is not the landlord's home. Paying rent does make it her home.

The landlord does not have the right to break into her home or enter without her permission in order to show agents round. Giving notice of breaking in does not make it OK.

rinabean · 07/02/2015 21:31

You don't have to let estate agents into your home ever and you don't have to let randoms into your home ever. Literally never. Your landlord does have limited rights to enter with notice and so does eg a plumber he hired or whatever but there is certainly no right to do viewings in someone else's home!

Original poster
amazegumball · 07/02/2015 21:32

Are they allowed to give me a bad ref if i have always paid rent and looked after the house? Ive broken my tenancy?

OP posts:
Original poster
amazegumball · 07/02/2015 21:33

*ive not broken my tenancy

OP posts:
specialsubject · 07/02/2015 21:36

CAB are wrong. gov.uk are right.

tenant does not have to let anyone in as it is not inspection or emergency.
fact. end of.

I'm a landlord. In these circs I would give notice, get tenant out and then start sale. Costs more but much easier.

Original poster
amazegumball · 07/02/2015 21:39

Thank Special.
Thing is half the houses on my estate are buy to let and half are owned. Two are up for sale. One same size ( and now same price) as mine has been up for 9 months and had 2 viewing. The other is larger and 7k more and has been up for 13 months.
They do rent very quick though.

OP posts:
tellmemore1982 · 07/02/2015 21:40

You're just making life difficult for yourself, the LL will sell the house regardless. Whilst this specific visit may be a question of rights, to be honest arguing it isn't going to achieve anything other than animosity which could mean you get less leeway when there are viewings (possibly at an even more inconvenient time) in the future.

I don't see the problem with leaving it tidy and letting them come round when you're out. They honestly won't be interested in your things, agents look through that.

Don't pin your hopes on remaining in the house as a tenant. If it's yielding a good return this will speak for itself but I wouldn't risk the uncertainty if I were you.

Accept that the house is going to be sold and move on, no pun intended, to find something better for yourself and your family. I understand the frequent upheaval is terribly unsettling but unfortunately that's the nature of renting, it also gives you the same flexibility as the LL but I can see how you want stability right now.

PigletJohn · 07/02/2015 21:42

Caronaim Sat 07-Feb-15 21:12:52
"I've just checked on the CAB site, the landlord has the right to enter with 24 hours notice to inspect the property."

And does it say anything about agents having the right to enter to take photos and measurements? Which is what we're talking about here.

MrsTawdry · 07/02/2015 21:45

Caronaim is wrong. It is often confusing BUT....the tenant has the "right to quiet enjoyment" which MEANS that whilst the ll can ASK for entry he cannot insist upon it unless there is a fire or flood.

It really is that simple. Many people can't believe it but it's true. OP I had this...email back and tell the agent that you will not be in and there is to be no visit as you are not agreeing to it. BUT you will be happy to make another arrangement.

I have had an agent get quite nasty to me in a similar situation....I suspect because the LL was giving her a hard time...even SHE didn't know my rights but I did.

Double lock the door and if they do enter, inform the police.

MsAdorabelleDearheartVonLipwig · 07/02/2015 21:46

On the other hand, if it looks a bit of a mess it might put buyers off?

MrsTawdry · 07/02/2015 21:48

tellmemore whilst largely your advice is sound, you should remember that just because "you don't see" why she's not comfortable having people round when she's not in, does not make it an unreasonable need.

She does not want people in her home when she's not there.

That's her right as well as her legal right. So OP...remember what I said...no agreement from you means no entry. I have looked into this myself and know it to be the truth.

And by the way I agreed to all my old LLs viewings but one...so I am not a difficult tenant.

IKnewYou · 07/02/2015 21:53

From the letting agents response it sounds like they have already changed the proposed appointment

Sorry it's going to have to be Monday as it's all booked in with the agents. The landlord left it last week as you were away but cannot change it again^

If I were you I would go about this a completely different way and I would be as helpful as possible. That way the property will get rented out as soon as possible and you will get the visits out of the way.