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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We rented a property through estate agent but they only found

Customer Question

We rented a property through estate agent but they only found the tenants they do not manage the property, the landlady manages it. We had a visit couple of weeks ago and she came to inform us that she was selling the house. We have an assured short hold tenancy for a year which the year was up Oct 2013. We have had no written letter to inform us that she is selling the property or that we have to move in a set amount of time. She would rather us being in the property paying rent so she can have the rent paid till its sold, however we are now deciding to move as she keeps wanting access to the house to do things. She rang up on the day at 9am saying the energy rating people were coming at 11am, hope that's OK with you as they only ring up on the day, can't book in advance to come round Is what she said to me when I said not really I'm busy. she's arranged for her father to come over with the estate agent to have photos and the floor plan made however we do not wish our contents to be on show in these pictures. Does she have the right to make us have our possessions in the photos for selling her house? Does she have the right to tell us to move our possessions if we refuse our possessions in the photos.. Also do we have to make special arrangements to leave the house when she has people coming in to view, which is what she is requesting.. Apart from the inbuilt freezer and dishwasher and freestanding cooker, everything else is ours. I have 2 young children under the age of 2 and cannot just leave the house when she wants to come over. Things like bottles to be made and feeding need to come first I believe.. We also put decking down in the garden as the garden had vegetable patches in, she said she didn't mind what was being done to the garden as long as it wasn't a mess like was handed to us.. We never planned to leave the decking or the pebbles or woodchip we put down to make the garden safer for the children,but for some reason she thinks she's selling the house with it all there, is there something like an agreement that could be made with the landlord for payment of the garden we have made for them?..
What are the rights of a landlord when selling their house when they already have a tenant in It?
What are our rights as tenants in regards ***** ***** still living here while she is trying to sell, and she only wants us to stay here to pay the rent as she cant afford to while renting another property herself..
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what the tenancy says about access and viewings?
Customer: replied 1 year ago.

Hi there, it states

'2.57 During the last two months of the tenancy, upon minimum 24hours prior notification, to permit the premises to be viewed during working hours and or at other reasonable times including at weekends by prospective tenants or purchasers who are authorised to do so by the landlord or his appointed agent. Except where mutually agreed otherwise with the tenant, the landlord or his authorised agent or representative will accompany these viewing appointments.

2.58 During the last two months of the tenancy to permit, at the discretion of the landlord or his agent, a for sale or to let board will be displayed on the premises.'

However, the landlord hasn't given us our two month notice as she still wants the rent being paid for her, so hoping we will play nice and pay the rent and stay until it is sold, we do not wish for our possessions to be on ahow on the Internet for the purpose of her selling the house. What if the house is burgled??

Expert:  Ash replied 1 year ago.
In that case the landlord has no right to enter or anything. The terms of the agreement are a contract and both parties are bound by the terms and conditions. Therefore unless it's the last two months of the tenancy you can refuse to allow access. The landlord is in breach of contract.
You don't have to allow the landlord in or the taking of pictures.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

If the landlord was to give us our 2 month notice on monday when we are in contact with her, the move out date would be 19th June. Our tenancy runs from the 6th to the 5th of every month. So would we still be liable for a whole month rent or just part of a month??

Expert:  Ash replied 1 year ago.
Well the landlord is wrong.
If the Landlord gives you notice it takes effect from 6th of May (because she has missed 6th April) and therefore you would need to move out by 5th July.
The notice takes effect from the end of the next billing period.
Does that clarify?
Alex
Customer: replied 1 year ago.

Yes thank you so much, that has made things a lot clearer for us and we will be having words with the landlord on monday.

Do we need to have this notice in writing from the landlord? And not just a text message or verbal conversation..

Who would we speak to if they don't abide by the tenancy agreement rules we have spoken about here? Like if they refuse to not enter (seen as they have a key) or they demand they have to do this and take photos without our consent?

Expert:  Ash replied 1 year ago.
Yes it needs to be in writing. Not just text or verbal, but a formal Section 21 notice.
If you want to enforce the agreement sadly you may have to sue for breach of contract.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

This is all we needed to ask you about, but we keep getting a message up saying to subscribe. Will we only be charged the £38 once for what we have achieved today? Or will this be a recurrent fee as this is not what we wanted to sign up to. We just wanted the information for this one issue..

Expert:  Ash replied 1 year ago.
It's a one off fee,
Alex
Customer: replied 1 year ago.

Thank you for your help

Leigh

Expert:  Ash replied 1 year ago.
Happy to help Leigh.
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 1 year ago.

Hi there,

On monday the landlords father came round with the photographer. My partner and I expressed that we'd spoken with a solicitor and that they were in breach of their contract with us by attending the house that day. We said since they were there they could take photographs of the upstairs and bathroom and create the floorplan. The landlord was rang by her father and he came back to us and said that the landlord was giving us the 2 months notice. The same day the estate agents we had rented from contacted me and told me they had the photographs originally taken so the landlord could have them for free, not the extortionate amount she said they would charge her, (she said she had contacted them but I found out she hadn't when I rang myself) I told her father that they could get the photographs from the estate agents, and it was left at that. I received a phone call today from the estate agents saying they have taken over the selling of the house because I messed up the landlords plans of selling privately because I couldn't provide her with photographs. I messaged my landlord and told her I understand that the estate agents is taking over. Do I liase with them now? Or is it still with yourself, and I got a snotty text back saying they've taken over the selling because you wouldn't let me have photographs of my house and the estate agents were going to charge me. So I just messaged back saying well someone from either the estate agent or yourself is lying because we have been informed that photographs from the estate agents are available to you free of charge, and that until you serve us a notice then no entry unless for maintenence and no for sale sign goes up...

Expert:  Ash replied 1 year ago.
You deal with the new agents, but your rights remain.
Alex
Customer: replied 1 year ago.

Hi Alex,

We have been served with our 2 month notice now in writing. However the address on the letter is different from the address we have in our tenancy agreement. Is she required to give us a new address at the time she moved house? Seen as she is our landlord and we may need to contact her regarding any issues with the house.

Expert:  Ash replied 1 year ago.
I dont think the change of address is going to make any difference I am sorry to say.
Alex

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