Viewings on a property currently occupied (renting)
Viewings on a property currently occupied (renting)
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Progressive

Original Poster:

1,288 posts

213 months

Tuesday 22nd March 2011
quotequote all
Sorry for posting multiple threads but it seems like everything has come to a head at once.

i am renting a property which has now gone up for sale. I have had a call to say that there will be a viewing taking place on Friday. I will be at work during this time and the property is full of my possessions (as expected, I'm living there).

What is your opinion on this? Should I tell my landlord that I am only prepared to have evening showings when I can be present?

I don't particularly want people in there among my things (like they should be when doing a proper viewing) when i'm not around.

Davel

8,982 posts

282 months

Tuesday 22nd March 2011
quotequote all
Responded on your other thread but surely the Landlord can not sell the property with you in it, unless they are selling it on the basis of your tenancy remaining in place i.e. without vacant possession.

Equally, as far as I know, viewings can only take place if you agree to it and at a time when you can be present.

How long has the tenancy to run?

As stated on the other thread, you are entitled to quiet enjoyment of the property. Forcing viewings on you is hardly that.

Progressive

Original Poster:

1,288 posts

213 months

Tuesday 22nd March 2011
quotequote all
The tenancy has run the original 6 months and is now on a 'rolling month contract'.

Do you think that we should have been given our 2 months notice before it went up for sale?

it says in the contract that:

"the lanlord has the right to show possible new tenants or buyers around the property with reasonable notice"

Davel

8,982 posts

282 months

Tuesday 22nd March 2011
quotequote all
I think that you might need to take advice if you wish to.

I believe that if you are now on a rolling basis, the Landlord can apply through the courts to serve notice - but that has to give you reasonable time to find an alternative place to live.

You could therefore end up with one or two months notice, but the courts should give you say 4 to 8 weeks to go.

Equally, the property could be on the market for some time and so, if I was the Landlord and didn't have a buyer lined up, I'd try and do a deal with you to accomodate viewings and possibly a shorter notice period and at a reduced rental if you were agreeable to it.

Either way, I'd start looking for somewhere else to live.

If I was the Landlord, I'd be talking to you to see if we could sort something out.

john_p

7,073 posts

274 months

Tuesday 22nd March 2011
quotequote all
The landlord is not entitled to have anyone enter your property for viewings. The contractual term is not enforcable.

Tell them and the agent ASAP you do not agree to viewings taking place while you are not there. Perhaps compromise by offering suitable visit times when you can be there.

Be prepared to be given notice at any point (but then, it's being sold, so your time is probably running out in any case)

If he is uncooperative then I would change the locks but read up on the potential consequences of this first (keep the old locks for when you move out)


Steffan

10,362 posts

252 months

Tuesday 22nd March 2011
quotequote all
john_p said:
The landlord is not entitled to have anyone enter your property for viewings. The contractual term is not enforcable.

Tell them and the agent ASAP you do not agree to viewings taking place while you are not there. Perhaps compromise by offering suitable visit times when you can be there.

Be prepared to be given notice at any point (but then, it's being sold, so your time is probably running out in any case)

If he is uncooperative then I would change the locks but read up on the potential consequences of this first (keep the old locks for when you move out)
This is absolutely correct.

If you wish to stay there, for any reason, I would however suggest it MAY be possible to resolve this in a reasonable way.

Equally it may not.

I do wonder if your Landlord has told you the reason for selling in this way. Is he in difficulty, that usually does it.

You really should get independent advice.

As a private tenant, Shelter and your local Housing Authority will both be able to advise you without charge.

Seems best to move on to me but if it suits you that is different.


Progressive

Original Poster:

1,288 posts

213 months

Tuesday 22nd March 2011
quotequote all
I've just contacted my landlord to say that I would rather not have viewings when I'm not here as it's full of my possessions.

The first one has been arranged for Friday at 10am (when i'll be at work).

He just said "well it's up for sale so I want people to look at it".

The estate agent has a key and to be honest I feel like I'm being walked all over.

anonymous-user

78 months

Tuesday 22nd March 2011
quotequote all
Progressive said:
I've just contacted my landlord to say that I would rather not have viewings when I'm not here as it's full of my possessions.

The first one has been arranged for Friday at 10am (when i'll be at work).

He just said "well it's up for sale so I want people to look at it".

The estate agent has a key and to be honest I feel like I'm being walked all over.
You have every right to change the lock barrels to avoid this. The LL or LA has no right to do this at all.

Davel

8,982 posts

282 months

Tuesday 22nd March 2011
quotequote all
Are you dealing directly with the Landlord or through an agent.

He simply can't do this.

CraigVmax

12,248 posts

306 months

Tuesday 22nd March 2011
quotequote all
at the same time, try to see it from his point of view, he might be in financial trouble, desperate to sell it, try to reach some common ground, it will serve you better in the end.

anonymous-user

78 months

Tuesday 22nd March 2011
quotequote all
CraigVmax said:
at the same time, try to see it from his point of view, he might be in financial trouble, desperate to sell it, try to reach some common ground, it will serve you better in the end.
This I would agree on. TBH I was in this boat a few years back and just agreed with LL that as soon as I found somewhere else he'd let me out of the agreement instantly. In return we allowed viewings on certain days at certain times. I did have a great LL though.

Davel

8,982 posts

282 months

Tuesday 22nd March 2011
quotequote all
Davel said:
Either way, I'd start looking for somewhere else to live.

If I was the Landlord, I'd be talking to you to see if we could sort something out.
THIS!

Jobbo

13,620 posts

288 months

Tuesday 22nd March 2011
quotequote all
john_p said:
The landlord is not entitled to have anyone enter your property for viewings. The contractual term is not enforcable.
On what basis do you say it's not enforceable? If it's in the tenancy and the OP signed up to it, I'd say it's most definitely enforceable.

OP, you could change the locks and do all sorts of things, but I would suggest you act reasonably as well. Just say yes to viewings on a reasonable basis, e.g:
- at least 24 hours' prior notice and acknowledgement from you
- always accompanied

If he doesn't agree you could change the locks but it'll just cost you money and cause you more trouble. Instead, leave bins waiting to be emptied, toilet seat up (unflushed), piles of dirty washing on the floor, furniture tipped over, that sort of thing. He'll quickly get the message that if he's reasonable to you, you will be reasonable too.

Progressive

Original Poster:

1,288 posts

213 months

Tuesday 22nd March 2011
quotequote all
I have no problem with him taking viewings. I just want to be there when the people are looking round because to be honest, I don't want strangers in there when I'm not. I don't think it's unreasonable.

I'm a paying tenant. I've not been given my notice so I've still got (as far as I'm concerned) 2 months and 30 days left living there.

If he wants to mess about with viewings, surveys and decorating here and there when it suits him he should have given us or notice and got us out first.

Jobbo

13,620 posts

288 months

Tuesday 22nd March 2011
quotequote all
Progressive said:
I have no problem with him taking viewings. I just want to be there when the people are looking round because to be honest, I don't want strangers in there when I'm not. I don't think it's unreasonable.
Tell him this, then as soon as he does anything contrary, leave it looking like a stheap. Would you be willing to carry out the viewings? I did that once when I was living in a property the landlord was selling.

Oh, the landlord has to offer you first refusal too but only at the asking price. Bet he didn't do that, even.

Progressive

Original Poster:

1,288 posts

213 months

Tuesday 22nd March 2011
quotequote all
Jobbo said:
Oh, the landlord has to offer you first refusal too but only at the asking price. Bet he didn't do that, even.
He did, actually. Also considerably cheaper than it has gone on the open market for. He's a decent guy, means well. it's not the first time he's messed up contractually though. He likes to do more than is required and ends up making a pig's ear of it.

Progressive

Original Poster:

1,288 posts

213 months

Tuesday 22nd March 2011
quotequote all
anonymous said:
[redacted]
I am putting myself out. He continually flouts the contract though.

jimmyjam

2,434 posts

243 months

Tuesday 22nd March 2011
quotequote all
FFS, he only wants a viewing, the agent and the viewer couldn't give a toss about your possessions and no one is going to nick anything. Cast your mind back to when you were out viewing properties, wasn't it a pain in the arse when the agent couldn't get into the property you really wanted to see because the tenants wouldn't give access and if you did manage to view it were you looking at the property or looking at nicking the swatch on his bedside table?

ColinM50

2,687 posts

199 months

Tuesday 22nd March 2011
quotequote all
So why are you being difficult? Just 'cos you can?

FFS, it's only a viewing, no-ones going to be checking your dirty book drawer or going through your stuff are they? As long as the place is reasonably tidy the person viewing only wants to gain a general idea at this stage.

I'm looking to buy a BtL right now and have looked at several with the estate agent where the tenants are at work and I always treat the place with respect. After all I might want to keep the tenants.

Can't see the problem

Progressive

Original Poster:

1,288 posts

213 months

Tuesday 22nd March 2011
quotequote all
Because I am:

A) Liable for the property

B) Paying to live there

C) Have expensive personal possessions there

D) Don't want people coming for a snoop around


I'm doing him a favour by keeping the place tidy for viewings which suit me aswell. It isn't unreasonable. I'm not comfortable with potentially somebody coming for a look around every couple of days. Even if I got served my notice today I would have nearly 3 months living here.