How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
73598664
Type Your Property Law Question Here...
tdlawyer is online now

we have just signed a 12 month lease on a house with a 2 months

Resolved Question:

we have just signed a 12 month lease on a house with a 2 months notice period (break clause), as the landlord informed us that she needed to sell.

Immediately the landlord has begun marketing the property and in the last 2 weeks we have accepted 4 agent visits, 1 plumber to fix stuff that was never fixed during our previous year lease and 2 unscheduled potential buyers viewing.

Today we were informed that their would be two more viewing tomorrow.

We think this is all too much and that if the landlady was so intent on selling that she shouldn't have signed a new lease and should have asked us to move out.

What acceptable when a landlady is selling? also we just got informed that she would like to conduct and open house of the 24th June

It all seems too much
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thank you for your question. My name is ***** ***** I should be able to assist with this.

tdlawyer :

Is there any mention in the tenancy agreement/lease agreement, as to what rights of access the landlord would have?

tdlawyer :

Usually, it would say something like reasonable access for such purposes as arranging viewings. Does your lease saying anything like this?

Customer:

nothing about viewings, just the following: That the Landlord or any person authorised by the Landlord may at reasonable times of the day on giving 24 hours’ written notice, (unless in the case of an emergency) enter the Property for the purpose of inspecting its condition and state of repair. The Tenant shall permit the Property to be viewed on reasonable notice (of at least 24 hours) at all reasonable times during the final weeks of the Tenancy

tdlawyer :

Okay. That would seem to be a very important clause.

tdlawyer :

It looks as though access to the property for the purposes of viewings only take place in the final weeks (although how many weeks is not clear) of the tenancy.

Customer:





during the final weeks of the Tenancy being the most important, we have just started the new 12 month lease.






tdlawyer :

Given that you have just signed a 12 month lease, you are not anywhere near the final weeks of the tenancy, and it looks as though there is no right at all to obtain access for the purposes of viewings.

Customer:

correct and she is performing maintenance for sales purposes not for us.

tdlawyer :

Okay. Then perhaps you should consider doing a strongly worded letter to your landlord/landlady explaining that the access rights are limited the certain circumstances. You could, if you wished, take the view that you would like to be reasonable, and accommodate viewings, but that they ought to be much more limited.

tdlawyer :

Or alternatively, you could hold the landlord/landlady to the strict terms of the lease itself.

Customer:

She is not nice, so I think we want to hold her to the strict terms of the lease. Personally my wife and I are keen to serve notice ourselves. It says in the lease that both parties need to provide one months notice (regarding notice), as our break is two months this would mean if we served notice today, we would leave in 3 months?

Customer:

Then she could actively start a reasonable number of viewings in the last 4 weeks?

tdlawyer :

Okay. Holding the other party to the lease terms is your entitlement.

tdlawyer :

And then yes, there would be an entitlement it would seem, to allow viewings in the last weeks of the tenancy. I think the last four weeks is a sensible way of interpreting that right.

tdlawyer :

Does this answer your question? Is there anything further you would like me to assist with?

tdlawyer :

If this does answer your question, please do remember to rate the answer for me.

Customer:

what is a landolords reasonable notice period and how many viewings per week in the last few weeks are acceptable? do we have to live through a 2 day open house, which she has planed

tdlawyer :

It's difficult to say what is reasonable, one judge may say different thing to the other. In my view, it would be reasonable to have two viewings a week, possibly three, but unlikely to be more than that.

tdlawyer :

Insofar as an open house is concerned, this might be considered reasonable if only wants, most twice, in the final four weeks of your term. It is, however, incredibly difficult to say what one judge might find reasonable in the given circumstances.

Customer:

and a two day open house

Customer:

can she force us to endure a 2 day open house and can she legally market photography of the house with our person effects in it?

tdlawyer :

It does sound rather harsh, a two-day open house, and in my view, that would be unreasonable. As in essence, is requiring you to be in the house to 2 days continuously, to show third parties around.

tdlawyer :

Photographs of the property can be taken, including with your personal effects, so long a things things like photographs or things which personally identify you, are not included.

tdlawyer :

Are you still there?

tdlawyer :

Can I ask whether you are happy with the service this evening please?

Customer:

happy thank you

tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
tdlawyer and 2 other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions