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Help please - Letter from EA about selling house I'm renting

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7 hours ago, Man of Kent said:

I don't see the point of being confrontational about this, either. The OP may or may not have the right to exclude the landlord from carrying out viewings - the right to quiet enjoyment isn't absolute and may be subject to exceptions so long as they don't strike at the heart of the tenancy and are exercised reasonably. It could be expensive to find out, and it would probably just result in notice coming sooner rather than later.

Oh, come on. The OP definitely does have the right to refuse viewings, this is cut and dried. Please stop introducing doubt.

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Can confirm from own experience of having the landlord try to sell from under our feet, that it was entirely within my powers to deny ALL viewings whilst resident, till we left.  There was absolutely nothing the EA or landlord could do.

Edited by blackhole

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1 hour ago, mrtickle said:

Make them agree to reduce the rent by £100 month from now on, until you move out nomatter what, in return for allowing the first viewing. Don't make it conditional on "during months when there are viewings". There could be no viewings, yet they expect you to keep the place tidy in case there are some.

The rent reduction should be permanent even if they decide not to sell it.

OP you are in a STRONG position, this is rare. Use your strength.

 

+1

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1 hour ago, blackhole said:

Can confirm from own experience of having the landlord try to sell from under our feet, that it was entirely within my powers to deny ALL viewings whilst resident, till we left.  There was absolutely nothing the EA or landlord could do.

+1

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7 hours ago, Ah-so said:

Easiest thing is to give your notice and start your search for a new property. 

Either get some balls and use this opportunity to your advantage, if possible?  or just take this guys advice? 

Sounds harsh I know. But it’s dog eat dog in the housing market. FACT. 

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11 hours ago, mrtickle said:

Oh, come on. The OP definitely does have the right to refuse viewings, this is cut and dried. Please stop introducing doubt.

Ok, let's do a deal. You post a link to a judgment from a court of record that says this is the case, cut and dried, regardless of any term to that effect in a tenancy agreement, or to an Act of Parliament that says the same, and I'll donate a tenner to Shelter. If you can't, you do the same. 

Edited by Man of Kent

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11 hours ago, blackhole said:

Can confirm from own experience of having the landlord try to sell from under our feet, that it was entirely within my powers to deny ALL viewings whilst resident, till we left.  There was absolutely nothing the EA or landlord could do.

So, on what grounds did the court refuse the landord's application for an injunction? And on what grounds did the Court of Appeal reject his judgment against that judgment?

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Just now, Man of Kent said:

So, on what grounds did the court refuse the landord's application for an injunction? And on what grounds did the Court of Appeal reject his judgment against that judgment?

What does my post have to do with an injunction? 

I simply stated that on the grounds quiet peaceful enjoyment, I denied all viewings till we left the property.  It really was that simple.

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9 hours ago, Bruce Banner said:

That is hardly a definitive statement of the law; and in any event it says (a) that the situation isn't clear and (b) that there are things the landlord can do - he can evict under s.8, or he can apply to the court for an injunction. 

Everyone is telling the OP that he definitely has the right to do this or that, or that he can stop the landlord from doing this or that, without sight of the tenancy agreement or knowing the full facts of the case. It's not your home and money at risk.

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Just now, blackhole said:

What does my post have to do with an injunction? 

I simply stated that on the grounds quiet peaceful enjoyment, I denied all viewings till we left the property.  It really was that simple.

So, there were things that the landlord could have done, but he chose not to do them.

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5 minutes ago, Man of Kent said:

So, there were things that the landlord could have done, but he chose not to do them.

We made it very clear that viewings would have disrupted our young family (genuinely was causing stress) and on that basis, we couldn't proceed to let viewings take place till we vacated.  If that went to court, I'd imagine it would be pretty clear cut.  Had no pressure once we explained the situation.

Should add, at that point we had already served notice, so in reality there wasn't much they could do in return. 

Edited by blackhole

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4 minutes ago, Man of Kent said:

That is hardly a definitive statement of the law; and in any event it says (a) that the situation isn't clear and (b) that there are things the landlord can do - he can evict under s.8, or he can apply to the court for an injunction. 

Everyone is telling the OP that he definitely has the right to do this or that, or that he can stop the landlord from doing this or that, without sight of the tenancy agreement or knowing the full facts of the case. It's not your home and money at risk.

Did I say it was anything other than what it is? An interesting viewpoint from a landlord's perspective, posted on a landlord's website.

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41 minutes ago, blackhole said:

We made it very clear that viewings would have disrupted our young family (genuinely was causing stress) and on that basis, we couldn't proceed to let viewings take place till we vacated.  If that went to court, I'd imagine it would be pretty clear cut.  Had no pressure once we explained the situation.

Should add, at that point we had already served notice, so in reality there wasn't much they could do in return. 

Sorry, but your imagination (and mine) is a poor guide to what would happen in court. I've been to court often enough to know that very little is clear cut. 

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2 minutes ago, Man of Kent said:

Sorry, but your imagination (and mine) is a poor guide to what would happen in court. I've been to court often enough to know that very little is clear cut. 

True enough, but given my particular situation (served notice already - which is shorter than the 2 months notice), it didn't result in any threats or court action.  They were getting the place back empty within 4 weeks...

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On 15/02/2019 at 09:17, Bruce Banner said:

I have to agree with our resident estate agent here, but you can minimise disruption by limiting the number and times of viewings.

Plot twist - offer to buy the place and pull out at the last minute when you're ready to leave. You tenancy is entirely independent and you can serve notice.

Not entirely serious, but offering to buy you might be able to push a serious discount, given the lack of agent fees for the landlord and sheer ease.

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Perhaps the reason the clarity giving court judgements don.t exist is because a LL has never had the balls to try his luck getting them. I conclude there areenough twatLLs out there that some will have asked and been given appropriate advice about likely outcome.

Anyway i just wanted to quote this bit from the prop invstor link above

"Agents usually aren’t shy of being relentless, greasy little assholes- and that can be an extremely persuasive weapon."

ROFL

Tenants take note.

PS you also have the right to change the lock and block anything greasy .. I definitely would.

 

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On 17/02/2019 at 12:05, Man of Kent said:

Sorry, but your imagination (and mine) is a poor guide to what would happen in court. I've been to court often enough to know that very little is clear cut. 

 

On 17/02/2019 at 13:59, mrtickle said:

No deal. I'm more than happy with the posts from @blackhole and @Bruce Banner thanks very much without you creating goalposts of your own.

 

I trust MoK's judgement on this one.  I am very anti-BTL myself but I really don't think any protesting about the potential sale is worth your stress. 

I'd shop around to see if current rent is a good deal compared to the market. Then decide depending on what's available and how it is priced. 

If you have a good deal already, there is little point of rocking the boat as the landlord could just give you 2 month notice if they feel you would be easy/cheap to replalce.  

If not, then may as well try to get a discount, and see what happens.  If you don't get a discount, it could be worth moving anyway.

As @Habeas Domus pointed out, it could be worth waiting a few months until most of fees charged by EAs to tenants become illegal.

A lot depends on how much your move will cost, a what else is available.

Not paying rent and not moving out could be an option depending on your income, employment status, etc.  Probably not a good option for most people but there always seem to be examples of particularly poor tenants really screwing up the landlords (which get very little sympathy from me these days).

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