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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:
HesBeenAVeryNaughtyBoy · 09/02/2015 13:02

OP Similar happened to me I will tell you what a solicitor and shelter told me.

The LL CANNOT serve you a valid notice to quit via a section 21 notice without protecting your deposit. This is the law.

You do not have to vacate the property without a VALID section 21 notice. This is the law.

You can take the LL to the small claims court to recover your deposit and the judge MUST rule in your favour if the deposit is not an approved government scheme. The judge can rule to compensate you x3 amount of your deposit. However the LL can at anytime before the date set for court place your deposit into an approved scheme thus rendering your application to the court irrelevant. This is law.

After the valid section 21 notice period the LL must apply for a court order to remove the tenant from the property. Without this the tenant does not have to vacate the property. This is law.

The tenant has the "right to enjoyment of peace". The LL may inspect the property or carry out essential repairs after a 24 hour notice period. The tenant may refuse anyone else entry with or without notice. This is the law.

OP these are your RIGHTS you may chose to do none of the above and to be honest I wouldn't advise you to take such drastic action if you didn't have to. However in some situations people think they can do as they please with no regard for the law. Also be aware councils now who have such a shortage of housing require you to be homeless in order for them to consider housing you. If you leave before any of the steps mentioned above you will be classed as making yourself voluntarily homeless and they will not have a duty to house you.

As people have said be as amicable as possible but due to the sad state of housing in this country you may not have a choice but to take certain actions. Hopefully you will find somewhere quickly and you won't have to go down this route.

I wish you luck it's very stressful especially with a new baby.

Original poster
amazegumball · 09/02/2015 13:02

Meant to say do not sell quick

OP posts:
Toughasoldboots · 09/02/2015 13:03

This reply has been deleted

Message withdrawn at poster's request.

Original poster
amazegumball · 09/02/2015 13:04

Should I send this?

I have been backed into a corner. You are basically saying ' we have the right to enter regardless of your right to enjoyment or we will enforce the sec 21.
I understand the landlord needs to sell but also I am going to have to put up with an amount of disturbance while this carries on whilst paying full rent and with no guarantee what so ever another landlord will buy it.

If the landlord wishes to run the risk of selling a vacate property and loosing a lot of money in the meantime that's up to him but I feel it's time I move on. You both clearly have no respect of a decent tenants rights.

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

Please check with your local housing authority if you give notice if they have a duty to house you. Mine does not you may find if you have given notice and not found anywhere you would be in a very tricky situation with no help of the council. Please cover yourself and check with them.

HesBeenAVeryNaughtyBoy · 09/02/2015 13:09

*off

tellmemore1982 · 09/02/2015 13:09

Honestly OP, please realise this is getting ridiculous. This was hardly unexpected after he told you last year he planned to sell, he's honoured the tenancy agreement by waiting for months now. There was no need for it to get this far and it's purely because it's been badly managed by everyone involved.

No matter what the rights are around access, you've no right to try to blackmail him for a rent reduction. it sounds like your whole intention was to be grabby, if something is wrong it is wrong - you shouldn't be offering a price for it to be acceptable. If it's not wrong you haven't any grounds for a reduction. You're only going to put his back up further, surely it would have been in your best interest to stay in the house until it's sold / you'd found somewhere else anyway? Only problem is that now you might be looking for somewhere without a reference.

He's being heavy handed, the agent sounds useless and you're making this far more difficult than it needs to be. Move on, seriously.

And I really hope you didn't tell him word for word that you seeked legal advice.

Original poster
amazegumball · 09/02/2015 13:13

I really want to convey with him my legal rights which he is ignoring.
I don't know whether I should just simply ask for a ref while I look round

OP posts:
IssyStark · 09/02/2015 13:20

OP - I would just keep retrierating that you have more than willing to accommodate them on days later this week and that the LL's reaction seems rather over the top whenyou are simply excersiing your legal rights, while appreicating his right to sell his property.

Don't get into an argument, don't give anything that could look like giving notice. Just stick to the facts: you are happy to arrange a time when it is convenient for both you and LL to bring Agents into your home.

EhricLovesTheBhrothers · 09/02/2015 13:23

Done send that. Send something like-
The law does not permit you to enter my house without my agreement unless it is for essential repairs or in case of emergency. You cannot enter simply because you have told me you are doing so.
I do not agree for you to enter today and if you do so you will be breaking the law. I will agree to access on x day or x day.
Your section 21 notice is not valid for x reason, so I will not be vacating on x date.
If you wish me to accommodate viewings indefinitely I will do so with agreement that xxx (whatever you expect, once per week at x time, or only when I am there, or whatever. I wouldn't ask for a rent reduction at this stage)
Yours blah blah

Nolim · 09/02/2015 13:23

Op i am sorry if i am wasting your time but the advise my solicitor gave is basically what NaugthyBoy says.

If you want to contact the LL/agent dont make it emotional. "I have been backed into a corner" is just going to make them laugh. (Sorry). Be brief and factual: according to law xyz you may not enter the property without aproval which i have not granted. Or something to that efect.

tellmemore1982 · 09/02/2015 13:26

Spot on Issy.

OP - please don't take this the wrong way but it's quite clear from your posts and your wording that you don't know your legal rights, so for now as Issy says, stick to the facts. The only thing you should be quoting from is the terms of your tenancy agreement.

Original poster
amazegumball · 09/02/2015 13:30

Tell
I have spoke to shelter. My legal right is peace of enjoyment. The rent reduction is me asking. I know that's not law

OP posts:
PigletJohn · 09/02/2015 13:31

except for those parts of the tenancy agreement which are contrary to law

for example if it says "the tenant shall sacrifice their firstborn to the landlord" or "the tenant shall permit any agent, potential buyer or interfering busybody into their home at the landlord's whim"

EhricLovesTheBhrothers · 09/02/2015 13:32

peaceful enjoyment

IssyStark · 09/02/2015 13:37

OP - I would throw in the phrase 'peaceful enjoyment' but I wouldn't use emotive language just as Nolim says (it gives the preception of weakness).

As the ever-knowledgable PJ states, quote from the law rather than your tenancy agreement as the law trumps it.

Good luck and I hope the LL realises he is in the wrong here asap. I am also astounded at the attitude of some many on this thread that tennant should do everything to help landlords, even contrary to their legal protections.

Original poster
amazegumball · 09/02/2015 13:46

Ok . Send this?

I am not making this hard. I simply want to state I do have a legal right of peaceful enjoyment. This is law. It does not mean I am going to refuse entry but I do not want to be made out to be difficult if I couldn't genuinely make your pre made appts and have offered alternative days.

Having given this some thought I feel it is best to look for somewhere more secure as there is no guarantee you will sell to another landlord. I would be grateful if you could provide me with a reference.

OP posts:
PrimalLass · 09/02/2015 13:59

No, don't give notice if you have any hope of getting a council property. Wait until they serve it to you.

Original poster
amazegumball · 09/02/2015 14:03

It's not notice. I won't give notice until I find somewhere. Besides he's already given me a section 21

OP posts:
Nolim · 09/02/2015 14:04

What does the reference has to do with granting access? I would leave it out.

Original poster
amazegumball · 09/02/2015 14:06

I want reference so I can look for somewhere else.

OP posts:
IssyStark · 09/02/2015 14:06

Do not mention the possibility of leaving at all. Otherwise it is okay.

IssyStark · 09/02/2015 14:06

You can look without a reference.

Original poster
amazegumball · 09/02/2015 14:09

My pride is getting the better of me I suppose.
I want give him a big fuck you and show him he can't bully me and ignore my rights and threatened eviction if I don't adhere to his requests that go against my rights

OP posts:
expatinscotland · 09/02/2015 14:14

Find a new place to live. Hand in notice. Then tell him no to viewings, photos or any of his sale shite. He'll sell it no matter what and you'll have to get out or negotiate a new tenancy. We had ONE offer like this and of course the cheeky cunt wanted to jack up the rent. Fuck off and go through the hassle and expense of finding a new tenant then. Not our problem.

We did this every time with no problems. Agent rings, 'LL has called us they're putting the flat up for sale.' 'Okay.' 'We'd like to do viewings, come round for photos, blah blah . . .' I'd say, 'Oh, yeah. Give us a couple of days.' By that point in time, we'd usually have found another place to live. Then we'd go into the office, hand in notice. 'Viewings, photos. . . ' 'Peaceful enjoyment, blah blah blah. That doesn't work for us. Hence, we will be gone in 30 days.'

Just CBA'd with strangers traipsing through our home poking around at all our stuff, photos of our home and things online, keeping the home pristine for someone else's benefit or being scolded for having moving boxes and half-taken down furniture about, etc. so would just change the lock barrels, find another place to live, hand in notice and tell the LL no, they could wait till we left in a month.