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EmmaRoid #FBPE#JC4PM#GTTO

Am I Being Unreasonable?

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My landlords are trying to sell my rental house and want my family out of the house at the end of the 12 month tenancy.

Fair enough, so we've let the sales agent come round and measure up, put up a for sale sign and even let them have a viewing but it feels like they're taking the piss now. They've arranged another viewing which we agreed to and despite being told not to, have asked twice for Sunday viewings! FFS. Don't we deserve some peace? I think the term is "quiet enjoyment"...

So far it feels like we are going out of our way to asisst the landlord in selling but I realise we are within our rights to refuse access until the end of the tenancy. We don't want to do that as we feel it is unreasonable and also we may want to use the same letting agency in the future (it is for sale through the sales side of the letting agency).

So in the spirit of give and take, we've been giving, the landlord/agency is taking. My wife is going to speak to the agency and say we will continue to co-operate but we would like the opportunity to move out a week or 2 earlier and get a refund on the rent or possibly stay a week or so after the end date for free (we've been previously told we might be able to stay for an extra fortnight as long as we pay, their generosity after making my family homeless knows no bounds :rolleyes:)

I don't expect a positive answer back so I'm preparing to withdraw co-operation and refuse viewings for the next 6 weeks to show we're serious. Is this unreasonable? We only want a little help back as we are doing far more than we are required to assist the sale.

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It is absolutely reasonable. You're being flexible, they should be too. If they won't be then you shouldn't be either.

You're also in a position of strength. If you refuse viewings for 6 weeks then even if they are technically entitled to them (under the terms of letting agreement) they don't have enough time to enforce it.

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On the plus side Daiking, you can be proud to be a true foot soldier in the HPC war! Your Landlord selling your house is adding yet more supply to a market on the precipice and can only help in our wishes to see it pushed over the edge. After all, it's what we all want, isn't it?

No pain, no gain. Your sacrifice is not in vain.

When, as a result of this, you can afford your own home in a couple of years time, things will seem much better.

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You're being more than reasonable, I'd be telling them 1/3 off the rent and viewing only at my convenience which would certainly not include weekends or during working hours. If they didn't accept I'd be unable to provide the convenience of viewing the property at the time they want and they'd not be entering my home in my absence.

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On the plus side Daiking, you can be proud to be a true foot soldier in the HPC war! Your Landlord selling your house is adding yet more supply to a market on the precipice and can only help in our wishes to see it pushed over the edge. After all, it's what we all want, isn't it?

No pain, no gain. Your sacrifice is not in vain.

When, as a result of this, you can afford your own home in a couple of years time, things will seem much better.

I don't mind the moving bit but it would be nice for the landlord to have some sort of social conscience and I don't want to behave like a petulant child either.

Selling a house for £300,000, expecting the tenants to bend over backwards to assist in the sale and a £50,000 increase in equity but not giving those tenants the benefit of the doubt over £200-400 in rent after you made them homeless, now who's cheap?

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Let's just say, that didn't go well.

And that one of the agents has a different interpretation of tenancy law to the one I have.

Well that being the case, educate them, like this.

"I have tried to be accomodating however it appears you wish to ride roughshod over my legal rights and are not willing to negotiate such that there is less impact for both of us, therefore i am notifying you that from this point i will not be allowing any viewings until i leave the property.

You should also be aware that if you enter the property while i am not there you will be committing an offence

Regards!"

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In the same situation I agreed to viewings only on a Wednesday afternoon when my cleaner was there.

The agents "repaid" me by bringing in dog muck on their feet and leaving all over the carpets. They then started to arrive at all hours and letting themselves in. I discovered this when I had food poisoning and was in the bathroom. An agent let himself and a client into the flat to do a viewing. You can imagine that scene.

I got legal advice (part of my home contents insurance) and then refused any viewings. The LL hired a lawyer to harass me and to try and force viewings. When the lawyer found out that agents had been making a nuisance of themselves he backed off completely and apologised.

When I left the flat (it was sold) the LL would not pay my bond back. It went to the small claims court and the Judge examined the evidence. The LL argued that I should have allowed viewings. The Judge sided with me. As I was paying the rent I was entitled to quiet enjoyment and had been denied this. I had been more than reasonable agreeing to the Wednesday viewings and they had taken the p***.

After that I did not allow any viewings in flats after I had given notice or had been given notice. The LL would need to take me to court to try and force this but no one has.

You will find long, convoluted arguments in this forums in relation to tenants rights. It's a battle of wills.

Edited by Flopsy

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In the same situation I agreed to viewings only on a Wednesday afternoon when my cleaner was there.

The agents "repaid" me by bringing in dog muck on their feet and leaving all over the carpets. They then started to arrive at all hours and letting themselves in. I discovered this when I had food poisoning and was in the bathroom. An agent let himself and a client into the flat to do a viewing. You can imagine that scene.

I got legal advice (part of my home contents insurance) and then refused any viewings. The LL hired a lawyer to harass me and to try and force viewings. When the lawyer found out that agents had been making a nuisance of themselves he backed off completely and apologised.

When I left the flat (it was sold) the LL would not pay my bond back. It went to the small claims court and the Judge examined the evidence. The LL argued that I should have allowed viewings. The Judge sided with me. As I was paying the rent I was entitled to quiet enjoyment and had been denied this. I had been more than reasonable agreeing to the Wednesday viewings and they had taken the p***.

After that I did not allow any viewings in flats after I had given notice or had been given notice. The LL would need to take me to court to try and force this but no one has.

You will find long, convoluted arguments in this forums in relation to tenants rights. It's a battle of wills.

Thank you Flopsy, that is my understanding of the law and I am prepared to stand by that. Which is why I asked if it was unreasonable to request a small rent refund if we wish to leave a week or so earlier as a "goodwill gesture" for our co-operation in selling the property.

This matter is only trifling compared to some in this forum and I'm not going to watse my efforts, lying awake at night worrying about it. Whatever happens, happens but the cat is out of the bag and I'm happy with my position.

I did get an email from them that quoted the relevant viewings clause from the rental contract. I responded by saying I would be far more impressed if they had provided evidence of when letting agency AST clauses had taken legal precedent over the "quiet enjoyment" implied under UK tenancy legislation.

I don't want much, I just want to be able to move house as peacefully and as easily as possible but I don't want these people taking the piss in the meantime.

For the viewing last night, the agent was late nad the couple knocked on the door at the appointed time. I don't know them from Adam, could have been anyone, perfectly entitled to make them wait outside but I'm not that sort of person. 6pm, we were prepped like a scene from the Waltons because it was our tea time. So I let them in to have a look round, It was only when they started asking some not so obvious questions that I revealed it wasn't our house and we were the tenants. They didn't know and the agency had not told them them. I think they were mortified that they had disturbed our dinner and I was showign them round even though it wasn't my house. Eventually, having been round downstairs the agent turns up not that I recognise him from Adam either :rolleyes: and gets on with it.

Ferkin amateurs

Edited by daiking

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There is another solution, always ensure that the house is an absolute tip. For additional fun I used to leave ***** mags lying around with "suspicious" tissues.

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I was in this position myself late last year and also found myself being overly accommodating. Not sure why, mostly to do with being a "nice person" and trying to be supportive.

I was also worried about getting a "bad reference" from my then current landlord. Rentals are very tight in our new area and I was petrified that the deal would fall through for my new place at the 11th hour due to a bad reference. With 2 small kids that would have been an absolute nightmare.

So where does the OP stand being "firm on viewings" but wanting to sound like great tenants to the new landlord?

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It's the battle of wills part.. They can use a "bad reference threat" to essentially blackmail us into doing things for them. My approach has been

1. To use an old reference

2. To claim that I am moving after selling a home

etc etc

Never had any problems at all.

We are all going to be different though so would like to hear what others have done

Edited by Flopsy

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We had this last year.

I was totally f*cked off with our landlady as she had verbally agreed to another 12 month contract then 2 weeks later some joker comes around and is measuring up the place ....

Me and mrs. jfk have a kid and it's a complete and utter pain in the ar$e moving with a family.

I was reasonable at first, allowing viewings at my convenience (usually a weekend) when I was in, later on though after a couple of no-shows I got shitty. I told the EAs that I would only allow viewings if given 24 hours notice and I agreed with it and it was mutually convenient.

One sunday afternoon I was looking after nipper and the EA and 2 people are at the door ... the place was a tip and I gave the EA the hairdryer treatment on the front door. I thought it would be a nice trick to allow them to look over the place whilst slagging the place off

"... oh, look there is the "conservatory", it's more like a 70s lean to ... and it leaks every time it rains, the landlord said she couldn't be bothered doing anything about it"

"... no the central heating system is ancient - look, there's no combi boiler, it's one of those old floor-standing boilers, throws out some heat ... BUT is that an asbestos block it's sitting on? ooooo that may cost a bit to move (I know it was because my parents had one of these boilers before they got a combi and it was an asbestos block it sat on)"

"... she's asking how much? Well I know she paid £x in 200x ... she's taking the piss"

and so on and so on.

we gave our notice a bit after that after finding somewhere else, better and cheaper, to live - left the place spotless and I took a full video inventory. She couldn't make it moving out day - was on holiday haha.

So I copied the video inventory to a DVD, sent a copy to her EA and her home address with a covering letter stating that we expected no deductions as there was normal wear and tear and if she proposed any deductions I would want reasons in writing, full copies of invoices/quotes or I would see her in the small claims court.

(I also knew where she lived so that if there was any funny business she would find a brick through her front window and paint stripper over her car)

... we got the full amount back pronto.

... oh and the place was vacant for 2-3 months, she didn't sell it and it's now rented out again :P

Some people are total morons.

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  • 312 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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