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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70405
Experience:  Over 5 years in practice.
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I have a fixed term 12 month lease with a 10 month break clause.

Customer Question

I have a fixed term 12 month lease with a 10 month break clause. The 10 months past on 15 Dec. The 12 months ends on 15 April. The lease states that the tenant or landlord must give notice that the lease will end on 15 April, otherwise it will convert to a rolling 1 month lease. I have not received any notice from landlord that they wish to end the lease. Nor have I given the landlord/realestate agent notice that I wish the lease to end on 15 April. However i have found out that the agent entered the property while i was away and showed the property around to a rent seeker. i was not given any notice of this viewing.
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. I will try to help with this.

How can I help with this?
Customer: replied 4 years ago.

What are my rights. Is it within the landlords rights to arrange for the real estate agent to show the property to someone else without giving me notice that the lease will end on 15 April?

Expert:  Remus2004 replied 4 years ago.
No, he should give you no less than 48 hours notice by some received means unless, of course, you have refused a large number of visits in the past and even then he should still tell you.

Also, he should only really be showing prospective tenants around in the last month of the AST.

However, since there was no damage arising from this the chances of people able to claim anything are not high I'm afraid. You have to show actual losses to claim in law and this really just comes down to annoyance at their actions.

If they continue to do it there could be a claim for harassment but not on one occasion I'm afraid.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
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Customer: replied 4 years ago.

Thanks. However your advice seems to be focused on the notice that the agent must give to show the flat to a rent seeker. I want to know if they can legally show the property without giving me notice that the lease will end on 15 April. Thanks


 

Expert:  Remus2004 replied 4 years ago.
The only difference that would possibly make is that they could argue they need to be able to get access earlier than the last month. That is commonly accepted even with tenants.
He still needs to inform you by received means though before any visit. The only exception to that would be something presenting immediate danger like a gas leak.
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Customer: replied 4 years ago.

FOR JOMO1972

 


To recap, the land lord does not need to given me notice that the lease will end on 15 April prior to the real estate agent showing the property to a rent seeker however the agent must give me 48 hours notice by some received means that they will be showing the property to a rent seeker. Is this correct?

Expert:  Remus2004 replied 4 years ago.
Sorry, in relation to notice he needs to serve a S21 notice upon you giving you no less than 2 months notice.

In fact, he is too late for the April date now so it would have to end in May.

That has nothing to do with agents viewing though. They are a stand alone point.

In relation to notice, its not particular to a rent seeker. Its to any visitor save for some form of genuine emergency.