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ClaireG

Housing Question. Can they do this??

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As some of you know, our landlord has decided to sell. DH spoke to the agents the other day who said they wern't going to start marketing until mid May. This morning we've had a letter from the agent who has said a For Sale sign will go up early next week and marketing will start in the next 7-10 days. Do any of you know if they can market the property when we are still in our guaranteed tenancy period?

 

They are also saying that they want us to make the property available for viewings and will use their management key. I really don't like the thought of people trapsing through the house and am not sure how the dogs would react. I have expressed my concern re the dogs to the agents who have said we may have to remove the dogs for viewings. Can they stipulate this?? I am also concerned they will ask us to take the WIR down :roll:

 

If it sells quickly can they get us out before our tenancy ends? Can we find somewhere before our tenancy ends? I know that in normal circumstances you can't leave before the tenancy has ended or you have to pay a release fee.

 

The thought of only having a few weeks to find somewhere is filling me with dread. We really want to stay in this area because of Adams schooling but it looks unlikely that we will be able to.

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Claire

 

As a landlord myself, I think the answer is " yes" they can do, but they have to give you notice and you can ask them to change the arrangements. So they can't just arrive unannounced - even if they have key.

 

Also, they can't require you to leave before the end of your tenancy without serving a Section 21 notice - and I suspect that would be difficult to get agreed if its because the landlord wants to sell. They can choose not to renew your tenancy though - I THINK...

 

This is on the web

 

"The tenant has the legal right to live in the property as his or her home. The landlord should ask the tenants permission before he or she enters the premises.

 

 

The landlord cannot evict the tenant without a possession order from the court.

 

 

If the landlord sells the freehold of the property, the tenant will retain any rights he or she has to remain in the property, as the tenancy will be binding on any purchaser.

 

 

Matters such as whether pets can be kept at the property and so on, should be negotiated and included in the terms of the Tenancy Agreement."

 

I use a website called LANDLORDLAW - which is excellent and has saved me money with letting agents.

 

So don't panic!

 

Tricia

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They are unlikely to be able to turf you out early not only because you have a contract but also they couldn't sell the house that quickly - even a cash buy with no chain can drag on for months - took us 6 months to move into this place in that exact position - the vendors would have loved to go early too as they were emigrating and ended up going just before Christmas.

 

Regarding entry - check your contract. The one I issue states I (or someone I authorise) can only enter by appointment BUT it then goes on to

 

"19. To permit the Landlord or the Landlord's Agents at all reasonable times in the day

within the last 28 days of the Tenancy to enter upon and view the property with

prospective occupiers."

 

IMHO I would say they are testing the water - putting it on the market early enough to find out if there is any interest - if there is none I'll bet they offer you another 6 months contract.

 

I can't see that they can ask you to remove your dogs whilst viewings happen, if they have let you have dogs then that should also be a written part of the contract or seperate agreement. I would actually think that will also be your biggest barrier to finding somewhere else - I've let 2 tenants have dogs and NEVER again.

 

The WIR could be a problem - I'm assuming you don't have permission to have it up which would mean they were quite within their rights to ask you to take it down.

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They can. I have been in the same situation in the past. If you look at your contract, then you MAY find that they have the right to show the property to prospective purchasers and new tennants without any advance notice, so long as it is within "reasonable hours".

 

I'm in Scotland, so different property laws, and this was about 7 years ago, but our rented house went on the market, and before we even knew this I heard the estate agent and viewers come in and look about, whilst I was in (and having a shower). They were a bit taken aback to be accosted by very annoyed wet lady wearing only a towel and holding a golf club.....I'm sorry to freak you out, but the whole thing was very unpleasant. It was sold through a different agent than the one the rental was arranged through, which really didn't help, and the market was very buoyant, so loads of viewings. it was within the last month of our tennancy, but honestly, there were loads of viewings (pretty well every evening, most of the day Saturday) and it became pretty unbearable by the end.

 

HOWEVER.... you may find that there will be very few viewings, as the market is so slow just now. DON'T PANIC. It's very unlikely that you'll end up with a really high number of viewings. More likely that the house will sit on the market for several months with viewings once in a blue moon, given the current state of affairs.

 

They can't end your tennancy early without your agreement.

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Legally they can't just tun up and view they must give you at least 24 hours notice and it must be in writing. The only exception is in an emergency. You are entitled to "quiet enjoyment" of the property so they are not allowed a constant stream of viewings either.

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Thanks all. My husband has spoken to the agent again. He seems to get more answers than me :roll:

 

They have confirmed that the landlord cannot end the tenancy before the 6 months is up and if it's not sold then we can stay until it is sold and they will make sure we get at least 2 months notice.However, if we find somewhere before June and wish to terminate the contract we can with no penalty, they will confirm this in writting. They are going to give us at least 24 hours notice of any viewings and would prefer if the dogs wern't here for the viewing. They have no objection to the chicken run themselves but need to check with the landlord.

 

We found a few possibilites on the internet and have been to look at the areas this evening.

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Good luck, I have no experience of this stuff but I know I'd find it really stressful and unsettling, particularly as regards moving your son. So hopefully the housing market will get the better of them (in the nicest possible way) and you will have time to find somewhere else nice

 

BeckyBoo

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