Landlord selling, viewings & (their) potential financial loss

[Snowsmash]

I am currently in month 9 of a 12 month rental contract (via letting agent) with no break clause, and with two months notice to end at 12m and beyond. I am keen to move out early, and so negotiated an exit in month 11 with the letting agents- and it turns out that the landlord now wishes to sell asap, hence why he agreed.

On finding this out, I did ask the agents whether we could negotiate a months notice instead, given his desire to sell and market the house quickly, and our preference for a shorter notice period, but “by any standards this [letting you leave the contract a month early] is very generous, saving you £x but which the Landlord has agreed to lose”.

Fine. Understand that we are in a contract and they don’t have to accommodate early exit requests. However, we have two anxious dogs, children, WFH for the majority (but even if we are not here, our dogs are) with unpredictable schedules and shifts, have packing boxes everywhere, and accommodating viewings will be tricky during the next six weeks and definitely not during the working week or alternate Saturdays (have to do fortnightly sat shifts atm). There were no conditions attached to the early exit.

I explained this to the LA, and suggested that viewings and marketing might wait until late Feb - until the last few weeks of our tenancy, but he came back with this (&then threatened to rescind the early exit agreement) : Are you essentially refusing to allow reasonable viewing requests on the property and by definition thwarting any sale and financial benefit the Landlord would enjoy

He then went onto say that under the contract viewing clause, we had a legal obligation to allow viewings with 24hrs notice & that the landlord could take money from our deposit for compensation (if we thwart sale and financial benefit) or sue us for compensation if we did not allow viewings, and in light of the early exit agreement where the LL is “losing” £.

my rusty remembering of land law (with a quick two decades refresh on google) are that despite the viewings clause,

• quiet enjoyment trumps and therefore we do not have to allow any viewings that aren’t reasonable for us, as infrequent as this may be - or indeed any viewings (I know this is a whole debate in itself as to the right/wrong of this) -but is that right just from a technical perspective ?
• But I’m really unclear about the deposit point and the thwarting of financial benefit and sale to LL if anyone can advise..? I am pretty sure that the early exit agreement has no bearing on anything.. and also pretty sure I don’t owe the LL any support for gaining financial benefit whilst I am still a tenant? can the LL deduct deposit money/ what constitutes “thwarting financial benefit”?
• (particularly if i can prove that I am being reasonable in not being able to accommodate viewings that don’t work with my schedule?)

sorry it’s so long and thanks!

Wow, what a bunch of nasty cowboys.

You are right about viewings. Landlords basically write them into contracts because they can but there is no standing in law to have to allow access for them, and with 24 hours notice the only acceptable visit is for emergency repairs. Irrespective of whether they want to show potential tenants or buyers round, you simply don't have to agree. Unless you follow them around, you have no idea if they're nicking your stuff, do you? So on that front I would probably refuse anyway.

But I’m really unclear about the deposit point and the thwarting of financial benefit and sale to LL if anyone can advise.

Absolute, complete and utter horseshit. No, he cannot keep a penny of your money.

Is your deposit definitely being held in a tenancy deposit scheme? Did they give you proof, within 28 days, and the How To Rent Leaflet?

You can make things very expensive for them if they did not do those things properly.

If you want to keep the peace to get out early I suggest you tell the agent you will accommodate one day each week and anyone who can't make that day has to make the next week's day.

I would reply to say you're seeking independent legal advice and ask them to reconfirm that they are holding your deposit in tenancy deposit scheme. Contracts can't trump legal rights.

Do you need them to be reference for your next property, that might determine how robust you defend your position.

I agree with above reader but double check with citizens advice bureau.

If you're not allowing viewings then they're not going to rescind your early exit: they'll want you out so they can get the viewings booked in!
Have you found a new place? Focus on that.

You don't have to allow any viewings. Tenancy law over rules contracts. Look up shelters web site.

But, if you want to keep landlord onside I would arrange a day that viewings can take place that suits you. You can be out with the dogs. Tell the agency that this is the only time you can do.

Thank you- that’s so helpful and such a relief. It was such a horrible, intimidating email to receive. Yes- have the deposit in the deposit scheme etc

We have the agreement to leave early /conclude the tenancy at the beginning of March in writing and agreed by both parties - I presume that nothing can now change that, despite the threat to rescind unless we allow viewings (and insinuation that we may be financially responsible for thwarting the landlords sale).

You make a really good point ref possessions too though- it hadn't even crossed my mind!

nope- luckily we don’t need a reference as we are in the process of purchasing a property (& have flexible options around exchange/completion) & so can be v robust.

You would think ref the earlier exit- hence why I suggested that we could go with a month if it worked better for all parties, but the LL / LA are keen to have rental income AND marketing / viewings it would appear.

• I presume that nothing can now change that,

Trickier. You might want to post on Legal about that. If a legally binding document wasn't drawn up saying you can leave, they could possibly slither out of it and enforce the entire 12 months.

Sounds like the LL is in dire financial trouble imo.

Also, bear in mind house sales do fall through for so many reasons. So bear that in mind when you communicate with them. You don't want to end up in a last minute rental hunt with no reference to back you up. Hopefully that won't happen but it might be wise to play a little bit nice just in case the worst occurs.

This is complicated. Per the above, the landlord cannot force entry, and you are under no obligation to allow it. Even though there is a viewing clause, you are still entitled to refuse. However, you would then be in breach of contract, so the landlord could issue an eviction notice, and seek compensation from the deposit.

This is very unlikely though, and even more so that the landord would be able to prove financial loss to the tenancy deposit scheme. They have a whole system of hoops to jump through. I am a landlord and have just been through this with a tenant who breached their contract, damaged the house, didn't pay rent, left it full of their stuff, and didn't pay their utilities. I had to provide so much paperwork to prove the loss. There is a possibility though. As with any litigation, there is always a chance you would lose.

Personally, I would be tempted to allow a very small number of viewings and show some flexibility as it will strengthen your case should it ever get that far. You could surely find time for even one viewing?

I would offer them one day that suits you for viewings. Say a Saturday that suits your work schedule 2 ish weeks after it goes on the market, and after that they can wait for you to leave.

I'm pretty sure any deposit scheme will laugh at them if they try to claim deductions for not allowing viewings, but check with someone leaglly qualified!

When in a similar position I allowed viewings one afternoon a week only. They wanted to just appear whenever they felt like it with potential buyers but I said no, that I was entitled in law to quiet enjoyment and that their financials were nothing to do with me. I also stayed in house ( against their wishes) and quietly sat in corner of sofa while the viewers where there.

Worth going to CAB for advice, armed with knowledge of whether the landlord gas given you copies of all of the paperwork they should have.

You can refuse, but, if you don't want to be overly awkward, maybe give them a couple of slots that are convenient for you, e.g. Saturday the xth, 1-3, Wednesday yth, 9-10 or similar (times when you might not be there anyway), and say you need 24 hours confirmation of any viewings taking place at these times. Most agents will be used to this, even with owner occupiers. I wouldn't bother tidying up either.

Do you know when they are planning to advertise it? The market doesn't warm up much until towards Feb anyway and is pretty slow ATM regardless.

All of this would be hard to prove, but showing some willingness even one date will just shoot any case you have in the foot, and you can always bat off any requests for viewings at other times with "Sorry, but not possible. We have offered access on x between y and z for viewings, as previously notified."

When my daughter was viewing the flat she bought, the tenant living there would only allow viewings one day a week which was a Saturday. I think that was fair of her. She didn’t have to but she had a very good relationship with her landlord so they agreed on that compromise. She stayed in the flat during viewings possibly to keep an eye on her possessions though an EA was present.

In your situation I’m not sure I would be so accommodating. It’s really up to you as your LL can’t force you to accommodate viewings.

I allowed the letting agent block viewings but the apartment was as is and they gave me notice. They cannot just turn up when they feel like it.

I was still cross though. It annoyed me that this was to buffer the landlords costs. And then he tried to charge me a fortune for cleaning. And the would be tenants quizzed me. As if I care if they liked it!

If I was doing it again I wouldn't allow them. Apparently some landlords get difficult when you leave so my being difficult (or reasonable) wouldn't have changed things.

Check your rights with Shelter's website.

Agree with PP. The easiest thing to do is to offer a date(s) for viewings.
However you don't have to tidy up or make any effort and you can absolutely be there with dogs etc too.
I've viewed loads of flats last year like this, with tenants moving out boxes everywhere etc. Didn't phase me and was always very respectful of tenants (knocking before entering each room).
The early termination is agreed so they can't unilaterally withdraw it. Deposit is secure. You'll be fine

I’d allow viewings at a time to suit you, but make no effort to tidy up or get the dogs/kids out the house if that doesn’t suit you. They’ll probably soon decide it’s not worth it when they can barely move for stuff and dogs are barking at potential buyers etc and they get negative feedback from potential buyers 😂 It’s not your house to sell so you don’t need to try and make it look as good as possible like you would if you were benefiting from the sale!