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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:
IKnewYou · 08/02/2015 11:53

I understand not letting them in on Monday as you have other plans but the general stance of making things difficult for the landlord seems a bit churlish.

I've been a tenent numerous times and I've disliked a fair few of my landlords but I've always been amenable to showing the properties to prospective tenents. The sooner it's rented the sooner they stop visiting.

As long as it's at reasonable times they come look around for ten minutes and leave - I don't get what all the agnst is Confused

MissWimpyDimple · 08/02/2015 11:54

Toughasoldboots is correct btw! These threads are so dangerous. So much bad advice.
Am letting agent btw!

Having said that, I think in this case both LL and TT are being quite reasonable.

Aussiemum78 · 08/02/2015 11:55

Can you make a low offer to buy it? Sounds like properties around there are hard to sell, you could get it cheap?

Kvetch15 · 08/02/2015 12:04

This reply has been deleted

Message withdrawn at poster's request.

expatinscotland · 08/02/2015 12:07

You need to start packing.

Willow33 · 08/02/2015 12:47

If it is an emergency like a water/ gas leak, the LL can enter WHENEVER! As you would expect them to and not let a dangerous situation escalate. Otherwise its 24 hrs notice. Like other posts say, best to be flexible. Start looking fr a new home fr yr own peace of mind.

Original poster
amazegumball · 08/02/2015 12:51

I've not been given any notice to leave. Ive just been told they are selling it and when they get a completion ( if for a buyer who wants to leave here) then they will give me notice to leave

OP posts:
Original poster
amazegumball · 08/02/2015 13:02

Can't get through to shelter at allHmm

OP posts:
specialsubject · 08/02/2015 13:09

actually they won't complete the sale with you there, unless they are selling to another landlord (in which case you may not need to leave).

completion of sale is conditional on vacant possession. Which means you would need to be gone, which means you'd need to be given at least two months notice.

the agent is talking nonsense.

please do as I suggest tomorrow and PHONE first thing to reiterate that tomorrow's viewing is not convenient and needs to be rearranged when it is.

Original poster
amazegumball · 08/02/2015 13:17

Thanks special I will do that.
I don't think the landlord can afford to have the house vacate. He wants his rent right up till the sale.
I really wish i could buy but I can't at the moment.

OP posts:
Original poster
amazegumball · 08/02/2015 13:21

This is from an email back in jan-

he is obviously happy for you to stay in the property until a sale is secured and a completion date is set. There might also be a chance that the new owner would be looking for a buy to let and want to carry on with your tenancy.

OP posts:
specialsubject · 08/02/2015 13:35

why am I not surprised? The landlord wants it both ways and it doesn't work like that! He'll need 2 months between exchange and completion to give you your proper notice.

Unless, as you note, it goes to another landlord. This will not change any tenancy you have in force at the time. If you are on a rolling contract, the 2 months notice carries over.

you hold quite a few cards here...

UmizoomiThis · 08/02/2015 16:09

Well you sort of screwed yourself over then. If you knew other properties were getting less than 2 viewings in half a year on the market, you should have agreed to let the LL try to sell it while you were still on your lease and negotiated a reduction while working with the estate agents.

If your LL realised he wasn't going to sell it easily (and you were wonderfully understanding) you would have been in a strong position to negotiate a longer lease (and LL would have been grateful he kept you on as a good tenant) at possibly lower than market rate (because LL thought he could out it back in market while you were still a tenant maybe 2 years down the line again) Instead, you've made it clear it will be very difficult to conduct viewings while you're still a tenant and he's going to have to serve you with a notice. He's also been probably advised by his solicitor to get your tenancy ended asap and I'm sorry to suggest, the estate agent wil probably also try to suggest they're not able to get people into the door because you require so much notice.

Fyi, when our place was on the market, I too had a newborn and would sometimes get a half an hour notice of a viewing - it sucked but the estate agents were doing what we hired them to do - get people interested and through our door. And it does make a massive difference if they know they can show a property within a hour's notice or need to make a 2 day appointment with a tenant first. It just does.

Toughasoldboots · 08/02/2015 16:45

This reply has been deleted

Message withdrawn at poster's request.

specialsubject · 08/02/2015 16:53

that's the other side of it, of course.

as I said, if I was selling a tenanted property I would only do it when it was empty. That does mean loss of rent.

UmizoomiThis · 08/02/2015 16:55

Toughasoldboots, er yes I'm well aware that it was in my interest as is was my own place. I was trying to make the point that estate agents expect the owners to work with them. They don't get paid more to deal with a tenant who will only do viewings at particular time. So they will be pressuring the landlord to make the property empty asap.

PigletJohn · 08/02/2015 16:56

Are there really still people whose approach is "the landlord owns it and you must do what you're told. If you try to uphold your rights it will only make things worse for you"

MrsTawdry · 08/02/2015 17:08

Piglet LOADS of them.

specialsubject · 08/02/2015 17:11

only in the anti-landlord whiners on here, PJ.

the OP has rights and does not need to do as she is 'told' regarding the access tomorrow. She is perfectly within her rights to refuse it.

the OP doesn't want to leave. The landlord has to sell. The landlord may be able to sell to another landlord which means the OP won't need to leave.

allowing viewings at the OP's convenience (which she hasn't said she won't do) may facilitate this. If the OP refuses all viewings (which she can do, although she hasn't said that is the plan), the only way to sell the property is to give her notice and start the sale after she has gone.

negotiation and communication (which again, the OP is not refusing) could sort this to everyone's satisfaction. Sorry if that ruins the fun for the landlord-haters.

the agent does come out of this very badly though - but we know that anyone can set up as an agent with no knowledge, training or legal penalties for getting it wrong.

Original poster
amazegumball · 08/02/2015 17:19

Hi everyone. spoke to a lovely lady at shelter. Apparently when they do serve me with a section 21 it will not be valid as they have made huge error regarding the deposit scheme .

Also I am entilted to say no tomorrow

OP posts:
MrsTawdry · 08/02/2015 17:24

Well done! It's good to know where you stand. Have you thuoght abuot using this time to apply for a Housing Association house or will you be ok with agents fees and all that for another private let?

ajandjjmum · 08/02/2015 17:35

The lease on the house we let states that the tenant has to accommodate viewings in the last two months of the lease - obviously having been given notice.

Original poster
amazegumball · 08/02/2015 17:36

Yes aj. But the enjoyment of peace law overrules that

OP posts:
Original poster
amazegumball · 08/02/2015 17:37

I'm going to the council to see if they can help . I need stability.

OP posts:
PigletJohn · 08/02/2015 17:37

the lease can say "and the tenant must sacrifice their newborn to the landlord" if you want

but it is equally contrary to the law and unenforceable.

Who wrote that lease for you?