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Original poster

Landlord selling up - what are my rights?

52 replies

Rentingwoes · 24/08/2016 20:47

I've posted on chat and been advised I may get more responses here.

4 months into my 6 month tenancy, we've been given a section 21 notice as the landlord is selling.

Someone is coming to measure up, do a floor plan and take photos. Do I have to:

A.) Allow viewings?
B.) Allow photos with my personal belongings in the property? They have photos of it empty that they used to market it as a rental.

I've Googled both q's, but the answers are in consistent so I'd be grateful to know where I stand.

Thanks

OP posts:

sentia · 24/08/2016 21:36

No you don't have to allow viewings. The points above about quiet enjoyment are law. It's not possible for the landlord to contract themself out of abiding by a law.

bibbitybobbityyhat · 24/08/2016 21:36

Fucking arseholes! (your landlords).

This happened to us when we moved from London to Devon. We had to let our flat in London and find a rented property down there. We moved in with massive associated costs and as soon as they possibly could the landlords put the house up for sale.

We called their bluff and found another rental property within days. Gave LL's our month's notice, moved out and left the property empty and without our rent coming in for months while the sale went through, HA!

But moving twice in 5 months was hellish and we couldn't have done it if we'd had children to consider at that time.

I think 6 month break clauses should be banned if there are no rent arrears or other problems from the tenant.

specialsubject · 24/08/2016 21:37

there is never an excuse for how you've been treated, and I see no reason for you to be helpful. As a landlord I would want to know that the agents are being so rude.

Daisy's suggestion is excellent. Why should you put yourself out? You don't have to and with this kind of treatment, don''t.

the address thing - landlords only have to provide a UK address (not necessarily theirs) for service of notices on the tenancy. But if a tenant demands contact details, they must be given.

and brutally - it is the landlords/agents interest to keep you happy. There is no guarantee that you are leaving in 2 months.

specialsubject · 24/08/2016 21:38

photos - if they can't get in they can't take any new ones.... (evil grin)

BroomhildaVonShaft · 24/08/2016 21:40

You can refuse to give permission for them to take photos, yes. If I were you I would send an email to the effect
'I will agree to viewings once per week between 10-12 on Saturdays. I will not agree to any other viewings. You do not have permission to enter the property for the purpose of photographing the property. I will leave at the end of the fixed term agreement dependent on a positive reference from your agency to enable me to move to a new property'
Remember the ball is in your court regarding leaving. I don't advise you to stay past the end of the notice period but it doesn't hurt to remind them that you could

bibbitybobbityyhat · 24/08/2016 21:42

If a LL is only willing to let a property for 6 months then that should be classified as a short term let and described accordingly. I'd say the same for anything up to 2 years, tbh. Who wants to move house every 2 years?

You've been there 4 months. Who even feels they've properly moved in after 4 months?

Original poster

Rentingwoes · 24/08/2016 21:47

Ok, lots to think about how I'm going to play this, thanks so much for all the responses.

The council have said to stay until there's a court order but we have a guarantor on the property so I don't want it to come to that. I think we might just go and stay on dms floor and save up. But I just don't know what is best, I need to think it over and see what's what after my appointment with the council this week.

I'm sorry for those of you who have been through this process. It's so upsetting, made worse by the way they're going about it all too. I'm just gutted as we've put so much work into making this house home and it was all for nothing. I just feel lied to as we were promised it was long term :( Whilst I love the house and area, I have found it infuriating that they won't fix the issues, so maybe in the long run they've done us a favour. It's just going to be hard getting through these next few months.

OP posts:

galaxygirl45 · 24/08/2016 21:48

I can see that it's all been a huge shock, but you can't fight the inevitable and instead of worrying about your tenancy agreement and what it means, I would put all of your energy into finding somewhere else. You need to find somewhere fairly quickly, and I'd agree on the letting agent measuring up, and that you will accept block viewings on a set day and time once a week or fortnight, so you can tidy up and go out for a couple of hours and not get involved in it. It's horrid but there's nothing you can realistically do, and just put all your efforts in finding somewhere else. I've just been through the same with my dad, he had been in his rented home for 18 years and getting his notice was a massive shock so i can understand all you've said.

Original poster

Rentingwoes · 24/08/2016 21:48

Bibbity exactly, we still have boxes in the loft to unpack! Least that saves us a job I suppose...

I just feel so upset and cross I can't give my baby a stable home. I don't want her living in a hostel for an unspecified length of time. We worked so hard for this move, it was such an ordeal and we thought it had paid off and was worth all the upheaval.

OP posts:

daisygirlmac · 24/08/2016 21:49

Just be careful if you do find a new property that you end the tenancy in the correct manner. Either you need written acceptance from the agent/LL that says they agree to you surrendering the tenancy otherwise you will likely still be liable for rent and bills until your tenancy ends. If you do hang on until your notice is up that's fine, just a word of caution really that you don't leave early without everything being agreed - I don't want you more out of pocket!!

On another note, as your agents seem very unaware of what is and isn't legal, have they served your notice correctly? You should have had extra paperwork otherwise it's invalid. Also the date the notice was served and how it corresponds with your rent day is important as this may also invalidate it. Worth checking.

ghostspirit · 24/08/2016 21:49

im just guessing here. but i would have thought the section 21 like someone up thread said is so time that gos through the 6 months will be up. by law though you dont have to leave. you could wait for bailiffs. although thats stressful and would cause a madness for you. but in a nut shell you are going to have to leave anyway. but about viewings and that sort of thing. i think he should wait for you to leave.

Original poster

Rentingwoes · 24/08/2016 21:51

Galaxy I am trying, but with no money I don't see how I can afford to move! I think my only option is to go to dms. So whilst I'm paying for this house I want to enjoy it and not have strangers coming in and out whilst I'm struggling to deal with all this.

OP posts:

Original poster

Rentingwoes · 24/08/2016 21:52

The section 21 does look above board, but the council have said they will check that over when we see them.

OP posts:

bibbitybobbityyhat · 24/08/2016 21:56

Galaxygirl, it is not the same at all as your dad's situation, sorry. OP has been in her house for 4 MONTHS!

donajimena · 24/08/2016 22:01

Bless you OP this happened to me. I'm still bitter.
I was at the time able to afford to move and I have been here 9 years but I am on borrowed time and when (not if) I get my section 21 I am royally stuffed.
After it happened to me I insisted on a 12 month tenancy but it was only through very bitter experience I learnt to ask for that.
I'm so sorry I wish I could be more helpful but you have had some good advice.
I wish you all the best x

wowfudge · 24/08/2016 22:05

You could request early return of your deposit without reductions in exchange for co-operating with the sale plans. I'd explain you'll need it for the next place as you weren't expecting to have to move again so soon.

bibbitybobbityyhat · 24/08/2016 22:21

Very good suggestion wowfudge.

SauvignonPlonker · 24/08/2016 23:33

You could also ask for a rent reduction in return for agreeing to viewings & a good reference. Hopefully that would help towards your moving costs & "compensate" you for the inconvenience of having viewers.

It sounds a shitty situation for you, OP. I can remember being served notice about 2 weeks after DP lost his job & in the run up to Christmas, when there was very little nearby on the rental market, and I had a 2.5 year old. It was so stressful.

I hope you can get something sorted.

GETTINGLIKEMYMOTHER · 25/08/2016 09:43

I have a rental property and I would not dream of expecting tenants to allow viewings if I decided to sell. It is their home and they are entitled in law to 'quiet enjoyment' , which does not include random strangers barging in.
High time the law was tightened up in this respect IMO.

YelloDraw · 25/08/2016 09:55

Agreed. I sold the house that I had been renting out. The tenants actually gave their notice which is why I decided it was a good time to sell. The day after they moved out I got in and tarted it up and then got the photos done etc. The agents were pushing to get it on them market sooner and have viewings done when the tenants were in place but that is such a PITA for the tenants.

YelloDraw · 25/08/2016 09:56

That meant I had 3 months of paying a mortgage with no rental income - but if you can't cope with that, you shouldn't be renting out a property.

19lottie82 · 25/08/2016 10:51

Yes, LL's who want to market their property while there are tenants in it, just want to have their cake and eat it.

It's actually a pretty daft thing to do anyway, as if someone did come along and want to buy it, then their solicitor would advise them to to proceed until the property was vacant, as tenants can drag their heels and it can take MONTHS to get them out.

But back to the OP, you don't need to allow viewings, no matter what your lease says. Best situation all round is to write to the LA and give them a specific time slot, once or twice a week where you will allow viewings, and that's it. You're also entitled to change the lock, if you think they'll try to get in anyway, as long as you put the original back when you leave.

19lottie82 · 25/08/2016 10:52

PS you can buy a new lock barrel and keys for under £10 from a hardware store. They're very simple to fit. Just check YouTube for an instruction video.

Sunnyshores · 25/08/2016 19:05

Another ll here who thinks this is unacceptable behaviour. I have sold a fair few rental properties and have never asked my tenants to do allow viewings, morally its not right and as a business, its no way to sell a property - properties need tarting up for sale, its not the right atmosphere with a tenant hovering, with packing boxes, crying babies etc etc.

You need to decide what you want from this now. Do you need your deposit returned early (this is possible)? Reduced rent? No viewings? Good reference (I dont think theres room for them to give you a bad one as long as rent has been paid).

Dont let them bully you, the cards really are stacked in your favour. If you're offside, getting rid of you needs court action, which is really expensive and takes 6 months. They know this and frankly should be a little more respectful to you.

Stop answering their calls, its verging on intimidation (and thats illegal), email them and ask for all contact to be in writing. State your case and ask for whatever you have decided you need to allow you to move on to your next home.

Where are you based on the offchance someone here can help? This makes me mad. Good Luck.

Original poster

Rentingwoes · 25/08/2016 21:18

I've been outed already with the thread sunny so I may as well say where I am 😂 I'm in Wales. So I don't know if the rules are different here.

OP posts:

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