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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:
Kvetch15 · 07/02/2015 21:54

This reply has been deleted

Message withdrawn at poster's request.

IKnewYou · 07/02/2015 21:55

Btw Does you rental agreement refer to visits for prospective tenants?

Original poster
amazegumball · 07/02/2015 22:01

I would never leave it a mess! Im too proud!
I was away 28th till yesterday and the first email from the ll was sent on the 30th telling me they were coming on the 2nd.
I was already away. Its not my fault they already made appts with agents without asking me first

OP posts:
Original poster
amazegumball · 07/02/2015 22:16

Iknewyou - It does say to allow perspective tenants and purchasers to view the interior and exterior in the last month of tenancy but i think the 'right to enjoyment law' over rules it. The last month would begin 12th feb.
Im really not blocking visits. Its just not a convenient day.

OP posts:
MrsTawdry · 07/02/2015 22:25

Yes you're correct OP. Write to them via email....inform them that you know your rights and whilst you're not going to make things difficult you are refusing permission for a visit that day. You will be happy to help them make another which suits you.

NotNowDarling01 · 08/02/2015 00:36

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Agrestic · 08/02/2015 00:47

Honestly it's better if you're not there. I say that as someone who has experienced both sides of the fence.

Toughasoldboots · 08/02/2015 00:49

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specialsubject · 08/02/2015 11:17

ok, time to take charge. Tricky to get in touch as today is Sunday but first thing tomorrow, PHONE the agent and refuse the visit. Offer times that are suitable for you, perhaps an 'open house'. Back up with your legal right to refuse this visit, that you weren't told what was going on and take charge by offering times that suit you. Ignore all talk of '24 hours notice', that's the minimum but still doesn't mean they have right of access after that.

no, you don't even have to do this but it shows willing.

and get house hunting. You will be leaving.

Nolim · 08/02/2015 11:20

Check the tenancy agreement. Tipically the landlord can entry with 24 hours notice.

Toughasoldboots · 08/02/2015 11:24

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Nolim · 08/02/2015 11:26

boots Because It is in my tenancy agreement.

Toughasoldboots · 08/02/2015 11:28

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Nolim · 08/02/2015 11:31

Boots if you have evidence that requesting acces or flamingos is illegal by all means show it.

Nolim · 08/02/2015 11:32

If a request is not illegal and part of the contract it can be enforced.

Toughasoldboots · 08/02/2015 11:33

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whyhasmyheadgonenumb · 08/02/2015 11:34

Haven't read the whole thread so sorry if this has been said already - this happened to me, though my landlord was not as forceful as yours and it was more than a month before the contract ended. I explained that as a tenant I have the right to quiet/peaceful enjoyment of the property and they backed off.
However, as both a tenant and a landlord IMO you should expect them to be in touch in the last month of your contract and they can give you reasonable notice to enter the property, as this is not an emergency I would accept 48 hours.
If you are not in, can they not enter with their own keys? Personally I would not be happy with that and when my landlord sent agents round I was present and requested that they didn't take photos in my DCs rooms which they all respected.

WhatsGoingOnEh · 08/02/2015 11:37

When I was looking at houses to buy, almost all the ones that had tenants in were really hard to view. The tenants would hang around weirdly, or cancel viewings, or just be really difficult.

I'm sorry you're being inconvenienced by this, but your LL isn't doing anything wrong. It sounds like you just hoped this situation would go away, but it hasn't.

Your kids will keep their places at the schools. Just start looking NOW for somewhere else to live. It might end up being a good thing in the end.

This problem isn't going away. You have to accept it, and start planning your future.

Is there any way you could buy? Like in a council shared ownership scheme or something? Renting will always be uncertain.

Toughasoldboots · 08/02/2015 11:41

This reply has been deleted

Message withdrawn at poster's request.

Eltonjohnsflorist · 08/02/2015 11:44

As others have said, no right of access during your tenancy. In fact, the right of access for emergency repairs is, strictly speaking, by court order (which would in most cases be easily obtained) no one has the right to enter your home without a court order. Not even the police Wink

Personally if you don't want viewings I would tell them
You won't be allowing any and ones you tell them you are aware of your legal rights they will back down- they know they have no right. Reference wise they could easily fuck you over if they wish. But they could do that for many things.

You will have to leave though- presume you are being given or have been given your 2 months notice?

MrsTawdry · 08/02/2015 11:45

WhatsGoingOn YOUR perception as a viewer was that the "tenants would hang around weirdly" but their perception is that they are in their own home and having to put up with strangers traipsing through...her LL IS doing something wrong as he is being pushy and ignoring her rights.

Eltonjohnsflorist · 08/02/2015 11:45

Your tenancy agreement could say anything. Doesn't mean it's legally binding and your statutory rights always override it

Nolim · 08/02/2015 11:49

Well that escalated quickly boots.

Fair enough. I was offering an opinion based in my experience as the op was requesting. If you cannot afford to be bothered by it then please go on with your activities. I am not requesting anything for my own benefit since i am not the op.

Peace! Biscuit

MissWimpyDimple · 08/02/2015 11:50

He does not have the right to enter. You have the right to peaceful enjoyment of the property.
He cannot evict you during your fixed term unless you become 8 weeks in arrears, in which case he can serve a section 8 on you.
He can however give you 2 months notice to leave at the end of your fixed term.
You have every right to say no to Monday.