Just saw red re sale viewings...

[Littlemissindependent]

I posted previously about my LL putting my home up for sale and the disruption the viewings were causing.
I've just gone absolutely mental at 2 strangers who picked up the property details from the estate agents and took it upon themselves to dump their car outside my house and start wandering around my back garden!
I so rarely lose my temper but the effect this whole situation is having on my mental health is awful.
I feel absolutely trapped. I'm not in a financial position to be able to move privately, rent is extortionate and doesn't allow me to save anything. Council won't help me unless landlord serves notice on me and he won't do that while he's getting the rent paid every month. And if I were to stop paying rent to make him serve notice then the council wouldn't help as they'd say I've made myself intentionally homeless!
I'm just so bloody angry. I'm a good tenant, rent is always paid, property is spotless, I'm no hassle. And yet I'm being treated like crap and there's absolutely no regard for my feelings by my LL or the estate agent. I really don't know what to do, this is driving me insane.
Any advice??

Minor point here - trespass is a civil rather than criminal matter so only if someone refuses to leave when asked would the police be interested and then only on the grounds they are intimidating you, behaving anti socially or about to do something criminal.

I think most houses once they are advertised on Rightmove/Zoopla, then people are able to find them even without the agent passing on the particulars. So there is not much the agent might be able to do to stop people turning up. Even worse, the agent might not even know of these people at all.

The house we eventually bought, DMIL spotted it on Rightmove and on her dog walk the next day knocked at the door (which we thought was very cheeky) and asked the vendor whether they would give us a viewing. The vendor told her to get in touch with the agent. We did do a drive by to check out the kerb appeal before we called the agent. I would not have trespassed on to the property though until officially through the agent.

I think it is entirely reasonable to very much limit the days you will permit viewings and could not be interpreted as making yourself intentionally homeless. Instead of withdrawing completely I would just arrange even one day per month for an "open" day time arrangement with the estate agents.

Please insist on the EA putting "strictly by apt only" on the board and right move details.

sounds like it's been horribly intrusive and I can sympathise!

Just stop viewings. You don't need to justify it to the landlord, agent or council. It really is as simple as that.

Once you have been served your s21 the council will discuss more openly what your options are. There aren't many. And areas vary massively. Do you have dcs?

frouby yes, one dd who's 3. I know my options are very limited. I just don't know what to do

Get landlord address.

Write a letter stopping viewings as is your right . keep a copy and also copy to agents. Send with a proof of posting, not recorded delivery.

Call police if anyone else breaks into your garden.

Landlord cannot sell to non investor with you there so will have to evict you. Sec 21 two months, then four to ten months after that. You will be liable for costs ( this is rarely enforced) and will get plenty of notice of court date and bailiff.

Bill currently going through to force council to act on section 21. This will not produce more accommodation, you could still end up in a b and b anywhere. This is due to rocketing population, right to buy, and heavy tax on renovations which means thousands of properties sit empty. No government can see this.

Sorry.

Surely if he gives sells the house, he will give you notice, at that point you can get the deposit back when you leave and use that for another property?

You don't get the deposit back until you leave the property Bluntness and usually need to provide the deposit for the next place well before that stage. That's what holding the OP back from moving to a new place already, the lack of a readily available deposit.

Do you have children?

There isn't a great deal you can do really except force him to serve you a s21 by refusing viewings. This will then get you on the councils radar as in need of help especially as you have your dd.

There are schemes run that will help those genuinely at risk of homelessness get private rented property. Some landlords will accept hb and some councils will help you get the deposit together.

The problem is that anyone could turn up at the council and say my landlord is selling up but the councils know that the correct notice has to be served so won't do anything until then.

The ll obviously wants you in the property until it is sold so won't serve notice until then.

And to be honest I wouldn't buy a property with a tenant in it as I know how long it can take to evict a tenant. Meanwhile you are stuck in limbo.

Write to the agents and say you won't allow anymore viewings. Get your s21 and then take it to the council who will be able to advise you of the options. And how long you might be waiting for a council property and how they will help with a private rented property.

Stop viewings - you are under no obligation to permit them. Ever. Shelter should have been clear about that.

Get a padlock for the side gate. No one can open that. Put up a large "beware of the dog" sign very obviously on the gate - that will further deter anyone sensible.

Get the agent to put up a for sale sign saying "viewings by appointment only" on it.

It's quite random to have people trespassing in the garden. Hopefully that will be a one off.

I'm not sure how helpful it will be to get the LL's details. LL's use agents to manage properties in their behalfso they don't need to deal with tenants. The LL would most likely tell you to communicate via the agency.

I spoke with Shelter this morning. Council were meant to call me back but didn't.
By law I can request my landlords address, however he does not have to respond to me. Shelter advised me to check through my tenancy agreement and I'm also unable to refuse viewings. It says I have to allow them as long as I'm given 24 hours written notice. As I say, I did try to speak to the council but despite being promised a callback it never materialised.

OP I'm sorry this is so stressful for you but PLEASE listen to the advice you're being given on this thread.

I think the outcome you really want is for it all to go away, but that isn't going to happen. Realistically the best outcome you can hope for is to be evicted, and the best way to achieve that is to refuse viewings. You CAN do that, you're totally within your rights to. Be strong, send the letter wowfudge suggested to the agents, and stick to your guns. Otherwise this will just carry on making you miserable until - what? One of the viewers makes an offer that's accepted and you're coerced into giving notice.

Ok so you contract says they have to give 24 hours written notice, can you find out if that is a legal clause?

I really think if you liaise with the estate agency how the amount of viewings is actually being distressing they will be open to stick to a pre-agreed day per week. There is no obligation on you to tidy etc. for these viewing or go out.

The contract clause is not enforceable. There are 2 options:

1. Refuse all viewings. Legally you can change the locks if it came to the bit so long as you allow access for necessary repairs or in an emergency

1. Negotiate a reduction in rent in respect of the inconvenience of allowing viewings at pre-arranged times.

Shelter told you you have to allow viewings?!
That's simply incorrect in the law.

I am shocked that shelter gave you that advice. Did you explain that you had been allowing viewings up till now but the disruption it is causing is now meaning you no longer have "quiet enjoyment" of your home?

You have tried to be reasonable. If you really don't want to refuse all viewings then I suggest you sort out maybe one hour a week/fortnight/month that you are prepared to have viewings and that's it. That way you have worked with them to allow viewings so cannot possibly be in breach of contract. Although, as stated previously, your statutory rights trump anything a LL puts in a contract.

In fact, I've just had a look at my tenancy agreement and it states that once notice has been served by either party, within the last 28 days the LL can access the property for viewings with reasonable notice. I wonder if yours says similar? In which case, your LL hasn't given you any notice so the "clause" (which is unenforceable) has not been met.

Shelter are talking nonsense....surprise..

The letter to the landlord is simply to advise that you are stopping viewings. You cannot make him evict you. If he wants to sell he has to do so but he needs to work that out.

There no need to write to the landlord. I am one and have a letting agent managing the property. I would just pass the letter back them to deal with

Write a short letter to be delivered by recorded delivery saying that, as per your legal rights to quiet enjoyment of the property, you are no longer permitting viewings with immediate effect. The clause in the tenancy is void and any further viewings will essentially amount to a criminal offence under the Protection from Eviction Act 1977 and you will contact the police accordingly for assistance.

The short letter to be written to the agents

In fact, I've just had a look at my tenancy agreement and it states that once notice has been served by either party, within the last 28 days

It doesn't matter, it is unenforceable.

OP just put on your big girl pants and refuse all viewings.

Write to the LL and say you are enforcing your right to quiet enjoyment an are not allowing any viewings. If the LL wishes to negotiate early return of your deposit, serving S8 notice and a reduction of 30% on the rent - you will allow viewings.