Urgent advice - regarding rental property redecoration and being put on market without our knowledge

[rainbowtinsel]

I’ll bullet point this;

3 months ago there was quite a bad leak in what is my 5 yo’s room - it was too so with roof and this was fixed. But landlord wanted to stress test for a couple of months so that it would hold before repainting/filling

Obviously that was more than 2 months, they have not mentioned and we have not chased as for past month we’ve known we’re moving at end of April

Long story but buying a new build….ours was due to be ready early 2025 but owing to potential delays we have accepted a property on the finished first phase

We gave our months notice on our rental property on 30th April

We are going on holiday on Sunday for a week.

Last Weds the husband got lots of emails saying, firstly can we send pics of wall, then oh actually can we come and look at wall next week (fine we’re away) and then can we come and repaint.

He felt pressured to agree but dare not tell me it is a patch .5 x 1.5 metres and will need sanding and filling and then painting - this is a massive job which will create lots of dust so obviously all our child’s toys and furniture will need moving out of the room.

When he expected us to do this I do not know - space would need clearing in house and would have to be done Sat as leaving sun morning but then that leaves issue of having to take the bed down and put up somewhere else.

We have not even started packing I am livid at the thought of doing this and DC crying as doesn’t want to sleep in a different room

we only have two beds presently so not a spare he could go into.

The upheaval is massive for something cosmetic

We have spoken to landlord and given reasons but have been told they are still quite keen.

we absolutely cannot do this and go away on Sun.

We now know why they are so desperate - they have put the house in the market.

We found out via a Rightmove alert this lunchtime.

Called the estate agent it’s gone on with - they told us our letting agent has known all week.

We called our managing agent for the lettings firm who was out on viewings and had no idea.

They called us back about an hour later to say the landlord had emailed them about an hour ago letting them know - so after the Rightmove alert had gone out.

They then forwarded this email to us.

i must admit I was furious and called the estate agents just to make sure they even knew as no one has been to do pictures or anything (I’m assuming they were maybe thinking of selling prev as it is with all their furniture and diff to the lettings ones) I also told them we would not be giving access for viewings.

We just can’t we’re going to be packing to move out ourselves and DH wfh - office not nearby now as Scotland office closed after Covid

Also I’m not cleaning and tidying for anyone else I have enough on!

Estate agent has said well you will be in breach of contract as they can do viewings as long as we’ve had 48 hrs notice.

Our managing agent is saying it is kind of a grey area and we do not really have to allow viewings. I don’t want them to try take us to court though!

I’m also worried they’re just going to do the work in DC’s room whilst we’re away and we will have a massive job on cleaning dust off everything when we get back - how do I make sure this doesn’t happen.

https://www.mygov.scot/tenant-repairs

but thats mainly if you want the repairs done and they are not doing them
In England there is a 'right to non disturbance' (cant remember the exact wording)

https://www.mygov.scot/landlord-right-of-entry
Notice period
If the tenant has a short assured tenancy or an assured tenancy, a landlord must give them 24 hours' notice before entering the property.
If a tenant has a private residential tenancy (a tenancy which started on or after 1 December 2017) the landlord must give the tenant 48 hours' notice before entering the property.

Access disputes
If the tenant doesn't let the landlord enter the property, the landlord can apply to the First-tier Tribunal for Scotland Housing and Property Chamber for help.

Thank you

It is frustrating, but this is pretty typical once you give notice.

The patch isn’t massive. Just go to homebase and buy a pack of painters plastic sheets and throw them over everything in the room. Tape a few to the carpet with brown paper walkways to access the patch. They will keep any plaster dust from getting on your DC’s stuff. It’s ideal they will come while you are away really. When you come back, just remove all the dust covers, give the carpet a Hoover, pop open a window to air it.

@KestrelMoon i wish we had time to do that before going on Sunday, we still need to pack…..maybe we should suggest that they come and do that tomorrow if they’re desperate to do it next week.

Unfortunately the landlord doesn’t need to give you notice that they are selling, although it would have saved some stress and bad feeling if they had.

I would argue that this is not an emergency repair, and suggest a day when you are back from holiday when they can come and do the work. Yes they have given you notice, but they have to be reasonable - if it’s not convenient, say it is not convenient and that you have the right to quiet enjoyment in your home. You are happy to agree an alternative day and give them some options.

Also state that it is a child’s bedroom so you would expect them to provide dust protection, all dust, debris etc to be cleaned up by the workmen, etc.

Hopefully they will realise it is easier to do once you move out.

Thank you @Eatyourcrust i am confused as to what would have happened when someone tried to arrange a viewing though whilst we’re still here….would they just have been expecting to be able to do it?

I just find it baffling that you would try sell a property when you have no control over how it is presented at a viewing……not that we are slobs but for instance there is nowhere outside to dry washing so often the conservatory is barely accessible because there’s clothes out full of washing or there’s a load of mucky boots near the door, bins need emptying, toys out all over playroom etc…..it’s not going to necessarily be show home perfect when they want to schedule a viewing and there’s no way I have the time and let’s be honest the inclination to do this a few times a week for the next month 🤣!

It sounds very stressful. I would refuse all viewings if the managing agency say so. We were strongly advised by our estate agent not to list our house until after the tenants moved out (we had been living abroad). They are probably under financial pressure but it seems like a silly move on their part.

You seem to be getting unnecessarily stressed about this. You're moving out, so of course the landlord will need to rent or sell the property to someone else.

Just tell the landlord that your preference is for the cosmetic work to be done when you get back off holiday. If the work has to be done while you're away, insist that everything is covered/protected/cleaned up by workmen. Take photos before/after you go on holiday. If there's a mess agree for money to be deducted from rent as compensation or for Landlord to pay for a cleaner.

I wouldn't worry about viewings either. Only agree to times that suit you and don't bother tidying. This will all be over in a matter of weeks when you move into your new home. Focus on that - congratulations on your new home!