UK Landlord Forum / Life

Help anyone!
Been a tenant with a landlord thru letting agency and after renewing another 6month contract, 1.5month into it I get a letter giving me notice to quit due to sale and that's at the end of October 2014. My rent has always been on time, we are a family with 3kids, full time dad, part time mum and take good care of the place we call home(for now) anyway, I received the notice yesterday and to my dismay, when I woke, the agency had already put up a 'for sale' sign outside the driveway during the night. Not only that, I went online to try and look at potential houses to rent only to come across this house WE are still tenants in has been put up online with 'open House this Friday' in bold to pull in potential buyers I guess, my question is, where do we stand when it comes to such planning which doesn't regard us as tenants anymore although we have until end of october for out contract to run out?? Do we just accept every person that knocks on the door as if we have no human tenant rights? The tenancy agreement states that we have to allow landlord and potential tenants into property at least 2months left of tenancy to end but what is being done behind our backs certainly feels unfair and insensitive. What are our rights? Do we stay in and refuse entry until they consider that we too are human binge that deserve to be given respect where it's due and for things to be done right by the book? I don't know how to approach this issue seeing as they haven't thought it necessary to run 'open house viewings' to tee the tenants. With four and half months still left of our tenancy and rent been paid on time and no complaints whatsoever from us or neighbours??? Can they do this? How do I approach this issue without being outstandingly impertinent.? HELP!

OK, it sounds like someone is taking a bit of a chance here.

If you are in your fixed term - and you say you are - then you cannot be asked to leave... for any reason, sale or what-have-you, apart from breaching your tenancy agreement or falling into rent arrears. That's the whole point of a fixed term... it gives security of tenure. However, of course, you can be asked to leave at the end of your fixed term - it's not clear from your post when you have been asked to leave by and when the fixed term ends - I'm assuming both are not October... or do both dates coincide (it seems they might if you have four and a half months remaining in your fixed term)?

Just because the current Landlord wants / needs to sell, has no impact on your tenancy - if a new Landlord takes over, then your tenancy continues. If the current Landlord sells to someone who wants to live there - the new owners have to follow the same rules and procedures for asking you (the Tenants) to leave.

If the tenancy agreement states that viewings are allowed in a certain period (usually this means that viewings for new Tenants can happen while the current Tenants are in the property - to avoid void periods) then that is fine. But outside that period it isn't really fine - it is certainly not fine without your express agreement - you have the right to quiet enjoyment of the property you are renting.

You could consider writing - do it via something recordable - to the Letting / Estate Agent or the Landlord - making it quite clear that you do not give permission for viewings, or that you do give permission for viewings - but only at some set, reasonable times, or that - possibility here - that you have decided to change the locks.

Can you change the locks? Actually, yes, you can. However, you must put the locks back to how they were at the end of the tenancy.

Failing that - and trying to avoid escalation - you might come to some agreement with your Landlord regarding viewings and the sale... if the Landlord wants to sell the property with vacant possession then maybe the Landlord would be willing to a) be flexible and b) compensate you so that finding a new place is made that much easier for you. Let's face it - there is a good chance you are going to need to find another property shortly - why not do it under your control?

@HOPPOGRIFF
Both fixed tenancy n notice run out at end of October. I think they are trying to do things without my knowledge and even do open house whilst we are all at work. All the agents say is the landlord wants to sell and we have to go by what they tell us whether or not it's insensitive and disregarding with our privacy. To me it's soon, that even a sale post was put in our driveway during the night of day 2 of us receiving letter to quit by end of fixed tenancy? Is this right when tenancy agreement states at least 2months ending of tenancy can landlord do as he pleases with viewings n posts. On our part, 2kids are in primary school so getting a place to rent nearby is crucial with a toddler to think of to. We have moved 3gouses in a space of 1 year 2months with the same agents, they tell us it's permanent only to say at end of tenancy when time to renew that property is up for sale. WTF. We are reasonable human beings and are saving up to get on the property ladder but with disruptions like these, we are moved ten steps back each time and I guess the agents don't give a damn long as they are paid rent, fees and deposit each time we are displaced

Consider what motivates people and better understand their actions. Of course the Letting Agent doesn't give a damn about you having to move regularly... each time you move, and stick with them, they get more money. They like this.

The Letting Agent is not your friend, they are not even on your side - they are employed by the Landlord - they are the Agent of the Landlord; they do whatever is in the Landlord's interests, not the Tenants. Tenants are not the people they serve - Tenants are just a means of them getting some more money, through fees at the start of a tenancy, after that you mean literally nothing to them - except trouble. Each time they move you to a different property... more fees, please! Great.

As I say... you can't stop the Landlord selling the property and I'm sure they'll need a For Sale sign putting up to action that. Nothing you can do there. But also, as I say - you have the absolute legal right to quiet enjoyment of the property. If you feel that viewings will remove this from you then you can take action - up to and including the changing of the locks. This might be considered an escalation of the situation and could, possibly, be handled better. Maybe a discussion with the Letting Agent / Landlord about viewings - how many, when etc.. - might be better. If they say that they can do viewings whenever they please and whether you're in or you're out, then politely - but firmly - formally tell them that you refuse permission for viewings and ask for their confirmation. If they disagree or do not give it to you, consider changing the locks (just remember to replace all locks to just as they were at the end of the tenancy - it is very important). You will have your peace-and-quiet, for sure, but you will have an unhappy Landlord and Letting Agent as well... however, what else can they do apart from ask you to leave at the end of the fixed term, which they are doing anyway?

Please see - http://england.shelter.org.uk/get_advice/private_renting/about_private_renting/landlords_responsibilities - and the part that starts "If you don't want your landlord visiting without your permission..."