Our landlord wants us to leave during the viewings

[olyaro]

Our landlord has put the flat up for sale and viewings are due to start soon. Yesterday we were told that we’re expected to leave the property during the viewings.

This would be quite difficult for us. I work from home in the mornings, and in the afternoons my child is back from nursery, so leaving the flat so regularly would be a big problem for me. This is in addition to getting the place ready for each viewing, which already takes quite a bit of time and effort. And to be honest, I’m also not comfortable with people coming into our home while we’re not there.

We’re happy to cooperate with viewings at reasonable times, but we’d prefer to stay in the flat while they take place. What do you think?

You would be perfectly within your rights to refuse all viewings. Start from there, tell him what you're prepared to do in terms of notice and timing and don't compromise.

You don’t have to allow viewings at all (quiet enjoyment) unless your contract says otherwise and LL is taking the piss

And you absolutely don’t need to get the place ready for viewings!

Unless your contract says you have to leave, say no

there could potentially be a LOT

Explain to them that legally you don’t have to allow viewings at all while your tenancy exists. You’re willing to allow viewings at times convenient to you, but you will definitely not allow viewings at times when you are not at home. Landlords and agents are often cheeky about telling you what to do, sometimes you have to remind them this is your home as long as the tenancy lasts.

If you’re happy to let viewings take place whilst living there (you don’t have to) you’re within your rights to give a specific day/time slot. So I’d be inclined to say “we will go out on Sunday between 1-3 and any viewings will have to take place then” or whenever suits you.

As PP said you don’t have to allow viewings at all (even if your agreement says it does - the agreement doesn’t trump the law on this). So just refuse the request and say that doesn’t work for you.

This they are cheeky bsstards

You need to, and are perfectly entitled, to set the rules here around viewing.
Its completely reasonable for you to allocate just one morning or afternoon per week that suits you - to facilitate viewings. Or to not allow it at all.
You most certainly do not need to leave during a viewing and I think that's an unreasonable ask.

Unless you're getting reduced rent or some other favourable conditions as a sweetener I'd be telling them to fuck off with their viewings.

You are completely within your rights and contract to decline viewings, he will have to wait until you've moved out to do them. We didn't allow viewings when our landlord did the same thing, he had to wait, you have the right to quiet enjoyment of your home for the duration of your tenancy. They certainly cant insist you leave the flat while they do viewings that's ridiculous.

Don’t allow the viewings. People are automatically going to Direct their questions towards you because you live there and put you in an awkward position you can’t win.

This just reminded me of when I was looking to buy a flat years ago and the tenants were in the house. Their massive dogs jumped all over me as I arrived and they made no effort to stop them. They sat on the sofa eating sausage and mash and watching eastenders on full volume the whole time I was there. The wardrobes looked like they’d literally been emptied into each bedroom. The estate agent was like “sorry about this; they get worse every time I bring someone around.”

I didn’t judge the tenants. I thought they were fricking legends. I assumed the landlord was a knob, that they weren’t getting their ‘quiet enjoyment’ and that they were showing him what for.

He’s lucky you’re accommodating viewings as well as you are so far. If he tries to insist on more, either refuse completely and make him wait until you’ve left to do the viewings, or buy the sausages!

The contract can’t override law, which allows quiet enjoyment. The tenant can refuse all viewings even if the contract says otherwise, because the law requires quiet enjoyment.

Its perfectly acceptable to say that you’ll be at home for the viewings or they won’t take place at all until after the end of your tenancy.

i would compromise with one or two times a week you can go out or are likely to be out IF the estate agent agrees not to take their eyes off the person viewing.
I think it’s really unkind to refuse completely, if you make them wait till you Leave to do viewings its just making the landlord be in a position where they are paying and extra mortgage and council tax for all that time it takes to sell, and lots of landlords live hand to mouth too and would be plunged into debt by that. There are also rules that they can’t rent it literally again for 6 months if the sale falls through so they might be really screwed over. Landlord is obviously trying to sell as they can’t afford to run the flat anymore (due to new taxes, increased service charge on flat etc). If they were a fat cat making huge profits off you why would they sell up?

Have you found a new place op?

Ha ha. No. Just don’t allow viewings

Well, the landlord can't sell if he doesn't have vacant possession, so unless he's selling to another landlord, has he issued a correct notice? Is he well on the way to obtaining a PO?

Absolutely not. It's not unheard of for items to go missing during viewings, will he be personally insuring your stuff incase one of his unsupervised viewers has sticky fingers?

Your landlord is a CF...

Legally you don't have to allow viewings at all so the landlord should in fact be very grateful that you are.

Call their bluff and say that you will stay in the property you are paying rent for while viewings take place and that if they cause more issues you will stop permitting them.

Also make it clear what times/days are covenient for you in term of viewings and ask the estate agent to book accordingly to minimise disruption.

Landlords should really wait until a property is vacant to do viewings (because many buyers will be put off by tenants in situ in case they don't vacate the property at the end of their notice) but their greed means they still want to get the rent money until the last minute...

I think you are being completely unreasonable and selfish.
I really don’t understand your mindset here at all.
Why do you want to make it difficult for your landlord? Why do you want to be there and why would you not keep it clean and tidy?

from the other perspective viewing a property with a tenant present is an awful experience.

Make it difficult and you may find yourself being served notice.

Make it difficult and you may find yourself being served notice.

If the flat’s up for sale surely they’ve already been served notice? And actually getting tenants out of a flat can take forever.

It's their home! And what do you mean they might find themselves being served notice? The house is being sold! Either OP is going to buy it or she's planning to move out.

If he wants to play that game, It could take her over a year to get her out

she hasn’t said she would be moving so assumed it was being sold with a tenant in place. So why act difficult in front of your potential new landlord.