What are our rights with regards to allowing viewings on rental property? LL selling

[SmileAndNod]

We rent and the owner of our house is deciding whether to sell *though from what we've been told it's pretty certain. Or put in an extra bedroom / extension. He's not too sure. Our tenancy ends in Feb, so we will be given notice in December ( on Xmas eve).

So far the letting agent has arranged with us two dates to come and do a valuation / take photos and measure up for floor plans. Both times they have failed to turn up. The second time (Friday) DH waited in all day and not even a phone call to say they weren't coming

We don't know what to do . We're not happy with them just turning up as they please without one of us being here. We have a dog who won't know these people, will become distressed at strangers being in his house. He has a heart condition and I'm worried what might happen.

According to the letting agent they only have to give us 24 hours notice and they can let themselves in as they choose. Whether we're here or not. I think it's in the tenancy agreement as well. Do we have to accept this? Is there anything legally we can say whereby we can refuse? I ask because we were due to look at another rental property but were told we'd have to wait till x date until the current tenant moved out. In any event we didn't get to see it as they had 15 viewings the first day and so they had their pick of tenants.

I'm wondering why our letting agents aren't so reasonable. Or indeed can be bothered. We had to chase THEM to find out about the decision to sell! They don't return calls.Then they don't even turn up at arranged times. 2 days DH has taken off work.

We're feeling very unsettled by it all. We have 3 kids and will be homeless after Christmas (perils of renting I know) but all of this is piling on the stress

If you don't want to change the locks, you could fit these locking door chains. Easy to remove and make good when you eventually move.

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Quick update -its up for sale. We found out by happening across it on rightmove. This was after we were told on Monday it wouldn't go on market until after Xmas and we would be offered an extension until May. The lying gits.
Am so inclined to bend over backwards to accommodate them now. Oh and they want to do another inspection in Dec!!!

What was the response to your letter to the agent? Are all the legals in place?

No they're not and that's completely my fault for taking my eye off the ball as it had all gone quiet.
Will be sending something this week, though of course we haven't been told anything yet (apart from don't worry,it won't go on until after Xmas and we'll ring you in the new year)

Am I too late to send the letter now? How should I word it? I'm rubbish with stuff like this
We still have 3 months and a few days left to run on our contract. And dont intend on leaving any earlier.
Am upset that is being sold. But more upset about the lies and lack of common courtesy.

Important.

1. How is your deposit protected. If not with DPS or similar this is illegal. You need to know, as you don't want to end up fighting for its return. Ask now, and if not, either someone there will tell you what to do, or ask Shelter.

1. Do you have a Gas Safety Certificate. Again this is illegal. Write formally to the agent saying that your understanding is that THEY are breaking the law by not providing one. Keep the letter in case you end up in a fight.

If they find a buyer they will want you to go quietly so strange they are behaving badly. The law is generally protective of tenants. To sell they need vacant possession. In their circumstances I would be bending over backwards to keep tenants onside. Again it would be worth a word with Shelter.

The deposit is held in scheme and the gas safety certificate is valid until March.

Can they sell while we're in the house then? There is a note on Rightmove saying that there are tenants until Feb and that we require 2 months. Why they couldn't have just waited a little longer I don't know.

I feel a fool for being strung along and believing their lies.

Hi, Just wanted to help with what you were saying about aelling while you are in the house. Yes, they can do this, but the new owners would have to take over your contract until the term comes to an end. Effectively they are buying a rental house in the first place. Many mortgage companies won't allow this though as they would only give a buy to let mortgage rate. Therefore overall it probably won't have that much effect on you other than a different landlord, they can change nothing else in your contract. However, the advice to change the locks is worrying to me, this would be in breach of your contract, which I likely not to be a good thing for you longer term of you want to stay until the end of it. Legally the 24h is not only for emergencies, but must not be abused (e.g. ridiculous number of visits in a short time).

Is the letting agent a member of The Property Ombudsman? if so tell them you will raise a dispute with the ombudsman for breaching their code of conduct. Clause 8f says:

8f Access to a property may be required by you, or an authorised third party on behalf of the landlord (e.g. a surveyor, builder, tradesman etc) for the purpose of viewing the condition, state of repair and/or to fulfil related statutory obligations and/or to carry out repairs. If
you hold the key but are not able to accompany that person, the tenant must be given the appropriate minimum notice of 24 hours or that prescribed by law, of the appointment, (unless agreed otherwise with the tenant beforehand), except in cases of genuine emergency. Notwithstanding providing the tenant with reasonable notice to access a property, express consent from the tenant to do so should be obtained.

www.tpos.co.uk/images/documents/rules-codes-obligations/residential-letting-agents/Code_of_Practice_Residential_Letting_Agents_effective_1_October_2016.pdf

So they can enter without permission when we're not at home then? Seems to be conflicting ideas.

There is something in our contract. But there's also something about allowing us quiet enjoyment of the property...

You have legal right to quiet enjoyment of the property. They can enter without permission only in case of emergency. The important bit is the last sentence : "Notwithstanding providing the tenant with reasonable notice to access a property, express consent from the tenant to do so should be obtained."

So is that basically saying, unless we give consent they ain't coming in unless the roof is falling in and the house is flooding?

The letting agent was quite clear in our original conversation that as long as they tell us 24 hours prior they're coming in regardless of whether a. we are in and b. want our children to feel even more unsettled than they already do.

Sorry to be so thick!

"The letting agent was quite clear in our original conversation that as long as they tell us 24 hours prior they're coming in regardless of whether a. we are in and b. want our children to feel even more unsettled than they already do"

Ask them to put that in writing. Then raise a complaint with their complaint department, using that as evidence. If they insist they are in the right take it to the ombudsman.

It is perfectly legal to sell a tenanted house, but it does not affect the tenancy. New owners become new landlords with all the responsibilities involved.

We've had a phone call. They want to start viewings tomorrow
DH told them no.
We have 3 months left to run on our contract.
at what point were they going to tell us it was on the market I wonder?

Cant get hold of shelter. Feeling VERY unsettled and upset. I don't want peope in my home willy nilly for the next three months

BTW they gave us a time so they must have already arranged it with the viewers.
So cross.

Finally got hold of shelter. Apparently they can show anyone around. And if we refuse we are in breach of our tenancy and can be evicted.
At the minute though our contracyt says within the last 2 months of the tenancy.. which isn't until Xmas eve.So I think we can say no for the next month.

I hate this feeling

In practice , cobblers. Just write that letter to the landlord, copy the agent, refusing viewings, or offering times that suit (say 2 hours on Saturdays) in accordance with the contract, which isn't yet. Say any unauthorised viewings will result in a harassment complaint. Landlords can get in deep shit for that.

Send with free proof of posting.

If they want to evict you, they issue a section 8 under ground 12 , which is discretionary. By the time it creaks through the court and then the bailiff, you would be long gone.

I'm a landlord. If you want to sell to non landlords, you have to wait until the property is vacant.

After seething all night ive sent this ( will be posting later as well)

I am writing ti state there will be no viewings at the present time. This is in accordance with section x clause y of the AST contract dated [ ] as we are not currently within our 2 month notice period. Once we are in 2 months we are happy to accommodate viewings at a reasonable and convenient time withat least 24 hours prior agreement, again as set out in section x clause y.

Do you think this is ok? I'm terrified now that I've done something wrong and I'm shaking. I guess we won't get a reference but I'm sure theyd be quick to pick us up for breaking any part of the tenancy.

DH now stressing that we won't get deposit back as shelter said the LL could claim against us for financial loss through not allowing viewings. Yet it clearly states in the contract that we have to be within 2 months?

I didn't put anything in the letter about how we've been lied to, the piss poor communication, not turning up for appointments, not having the decency to tell us the housr is on market etc. I think I just stated fact.

Oh god I'm scared now.

I have to say I think shelter are taking rubbish (sorry). If your deposit is in a proper scheme then he will need proof of any deductions. Proving he has suffered financial loss because you don’t allow viewings is going to be impossible...he’d have to prove that a viewing you didn’t allow would have turned into a sale worth more than the one he makes in the end.

Smile where in the county are you?

I'm about to give notice to leave my rental property in Lincolnshire if that would be any good for you? It's a fab house - in a rural village, driveway, big garden, three/four bedrooms, utility, big living room etc. I'm buying a house with my fiancee so leaving this one. Just thought I'd ask x

Oh bless you BeautifulLiar thank you for the thought but that would put me in the same county as my MIL and I'm not sure that's a good idea 😂. We are south west.
Good luck with your new house.

I have to say shelter seemed firmly on the side of the LL. They weren't what I was expecting.

Oh Christ. Maybe not then 😂 thank you!

I am surprised at Shelter, although hard to get through to (as you know) normally they give very good advice and are on the side of the tenant. Perhaps it was that particular person you spoke to? Could you try elsewhere, Citizens Advice maybe, or if you look on your home insurance, this often includes legal cover. Or if you or your partner are in a union, they often have a legal advice helpline for members.

Another source of help could be the 'Which' legal advice line (the Consumer association). It does cost though - I think roughly £40 a year. I am a member and have found it useful. However you do often have to wait a couple of days for a callback from a solicitor. But they will go into things in detail. They won't write a letter for you exactly, but they give you legally correct phrases you can put into your own email/letter.

Yes we are in a union. Hadn't thought of that. We know we're going to have to leave .we're upset at the way it's been handled so far.

We're now just cross that they're arranging viewings without consulting us first and we're not even within the time period stated on their contract that they wrote (in fact were more than a month out of it)! They seem to want their own way and will damn well get it.

I cannot stop shaking. I'm scared there will be some come back on us for writing the letter.