A question about : Landlord selling the flat
Hi, some advice please.
We were told two weeks ago yesterday that our landlord would be selling the flat we took on in October. Our contract runs out at the start of May. The agents have been round to take photos (two weeks ago) and since it's been listed on Wednesday afternoon last week, have contacted us to arrange viewings as they have had 'considerable interest'.
Since then we have had two viewings, both yesterday, both late afternoon (after 4pm).
I had a phone call at 2pm yesterday from the estate agents to complain about the tidiness of the flat. The flat is not messy, but it's not a show home either - I got back from business on Saturday and honestly the idea of spending all of my Sunday getting the place sparkling wasn't high on my list. The floors/surfaces were mainly clear and cleaned bar a small amount of washing up, which was stacked neatly on the side. As it's a small flat with no garden some washing was out on an airer. The woman at the agency said that if it had been an inspection they would've failed us and that we need to make sure the place is in a better condition in the future for viewings. She made it out like there was dirty clothes on the floor, or washing up miles high, stacked in the sink. She also kept going on about cleaning our taps...?
What bothers me most about this - which I only realised when I got off the phone - is that she phoned me at 2pm, and said that estate agent had been in that morning and had reported this at the office. I was NOT aware of any viewings being scheduled for the morning. As I said earlier the only ones I was aware of was the ones at 4pm. No-one has mentioned 'needing to inspect the flat first' either.
Secondly, we have asked that viewings are only done during office hours - 9am to 5pm. I understand that we need to be flexible but by the time I get home I don't want to be going back out again because we have a viewing arranged. Apparently this is unacceptable. She would not let up about doing evening viewings and made me agree to two evenings a week and Saturday all day as possible times. I am not happy with this. I don't mind the odd one at 5:30pm but every single one they have asked to do now has been in the evenings.
Finally, can anyone tell me if it's standard to have a 'token' amount taken off your rent whilst your flat is being sold? We have been told that they'll take the generous amount of Ј20 off a month for us.
Best answers:
- You are only bound by the terms of your tenancy. Anything else you are free to negotiate or plainly refuse.
- Read the link below to see what your rights are and then write to the selling agent copied to the landlord complaining about their viewing without notice and their other behaviour. Set out what viewings if any you will agree to. If they step out of line again I'd change the lock barrels. You really need a written complaint so you have evidence you've been behaving reasonably and they haven't. Bear in mind also that you do not have to leave when the fixed term ends, the landlord needs to have served you notice etc.
https://www.landlordlawblog.co.uk/201...ants-property/ - Assuming England and Wales:
Write to them, pen paper stuff not e-mail.
Tell them that you are paying rent to live in a home.
If they want to do viewing you will agree to them at times to suit you (not them). And at no other time.
You are not responsible for their decision to market prior to obtaining vacant possession and you will live in your home as you wish.
NOTE: you are responsible for returning it at the end of the tenancy in the same condition as you took it on less wear and tear. - The usual advice that a tenant may ignore contractual clauses is wrong, counter-productive, and dangerous.
As said, OP should read his tenancy agreement.
If there is nothing about viewings he does not have to allow any. If there is something about viewings he should do his best to comply as long as it is reasonable (i.e. with reasonable notice and at reasonable times).
People should also understand what the OFT guidance are and what they actually say. - OP
It is unlikely that the contract says: to allow viewings at all time, with no notice. - even if it does, that would not be a fair term.
Tell us what, if anything, it says.
When I rented a flat, I negotiated 50% off my rent, in exchange for viewings mon-fri 9-5 with little notice. There was no clause in the agreement. - Will you be moving out in May?. If so advise the agent they or anyone else are not welcome in your home while you are not there. Viewing times need to be agreed by you and you will clean your home to suit yourself. Not for your landlords convenience. If they dont like it they can wait until you've stopped paying to live there.
Do you go out to allow the viewings?. If you are happy to be there just stay in.
Ј20 per month?. I would want Ј20 per viewing!. - Thanks all
Firstly - I'm in England.
I have gone through our contract with a fine tooth comb and all it says about viewings is about the end of the tenancy, nothing written in it about selling the place. It says that 24 hour notice has to be given in writing by the agent (they're doing this by text - is that the same?) and that we have to be reasonable with allowing viewings to happen. I don't think being guilt tripped into doing evening viewings when I don't want to is reasonable, really.
The letting agents and the selling agents are the same company. To date I have had *no* contact with my landlord, by email or phone. It's all been handled by the agents.
I will be moving out in May - I'm probably going to have to move back in with my parents as I am no longer in a position to be able to afford my own place, and I'm on a fixed term contract with work.
I am not going to be refusing viewings - but I would like them to be reasonable with me about when they are and how they judge the place. I chose not to be in because I don't want to be sat on the sofa whilst people judge it against their personal spectrum, I wasn't expecting the agents to do the same!
Don't worry, the place will be spotless when it gets handed over. Though a side question would be - if the place is sold, and say, for instance, they were to end my tenancy early (very very very unlikely) - would they be able to reclaim anything from my deposit if they aren't leasing it out again?
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