Being constantly disturbed by viewings

[heisenberg]

Hi all,

My landlord is selling up after I have pretty much paid his mortgage for him (and then some I suspect). I have been subject to a lot of dishonesty in the process, but that is a separate issue I suppose.

I have a shorthold assured tenancy.

I am now being subject to constant requests for viewing appointments, and am having to somehow accommodate the same. Needless to say, all this is taking a lot of time out of my week, and is causing me endless grief and inconvenience.

If the dates and times proposed by the estate agent are not convenient (e.g. they are during business hours etc.) could I reasonably refuse entry on these grounds?

Also, if I need to self-isolate due to being pinged or testing positive for COVID, I take it that is perfectly reasonable grounds for me to refuse entry?

Sincere thanks.

[echat11]

It's your time, set a specific day / afternoon for viewings. Tell them it's draining and stressful as viewings can take place anytime.

[EnglandPi]

Not all tenancy agreements are equal. There should be a few lines in yours that mentions ‘viewings’ perhaps you could type them here?

Viewings only normally occur at the end of the tenancy, are you vacating?

[heisenberg]

It's your time, set a specific day / afternoon for viewings. Tell them it's draining and stressful as viewings can take place anytime.

Thanks for the tip. That may may be the way to go, but the contract seems to state they can enter with 24 hours notice.

[heisenberg]

Not all tenancy agreements are equal. There should be a few lines in yours that mentions ‘viewings’ perhaps you could type them here?

Viewings only normally occur at the end of the tenancy, are you vacating?

Yeah, this does seem a little unequal.

The tenancy agreement states as follows:

"6.2 To allow the Property to be viewed by prior mutually acceptable appointment, at reasonable times, during normal working hours and at weekends, and upon the Tenant being given at least 24 hours' notice in writing, following a request by any person who is (or is acting on behalf of) the Landlord or the Agent and who is accompanying a prospective purchaser or tenant of the Property."

It also seems that if I don't agree to let them have access, the landlord could give me a section 8 notice on the grounds of breach of contract (a discretionary ground). Alternatively, he could go to court to get an order.

[EnglandPi]

mutually acceptable appointment means just that

[echat11]

https://england.shelter.org.uk/profe...ncy_agreements

This is interesting, from the landlords perspective - https://www.propertyinvestmentprojec...-for-viewings/

[heisenberg]

mutually acceptable appointment means just that

Yes, I am inclined to agree. I think I should start saying "sorry, not convenient" more often.

[heisenberg]

https://england.shelter.org.uk/profe...ncy_agreements

This is interesting, from the landlords perspective - https://www.propertyinvestmentprojec...-for-viewings/

I read both those articles with much interest!

It does seem that, in practical terms, there is very little my landlord can do if I don't always dance to his tune of letting complete strangers walk through my home as and when they please in the middle of a pandemic.

I also note that the respective term states that notice needs to be given in writing. At the moment, all the agent is doing is leaving a voice message on my phone, which I don't think quite cuts it.

What really annoyed me last time was the fact that one of the prospective buyers didn't put his mask on when he initially entered my home - he spent the first 5 minutes having a good ol' chinwag with the estate agent about the age of the property and notice periods etc. before he decided it might be courteous to put his mask on. Of course, if he had COVID, I almost certainly would have got it after that happening in my small little one bedroom apartment, and I am considered clinically extremely vulnerable.

Incidentally, I have found out that the estate agent and landlord are misleading potential buyers into believing notice has been served, which is not the case at all (I sent the estate agent an enquiry using a fake e-mail account, and was extremely shocked to learn what was going on). Needless to say, that has really got my back up.

My landlord also mislead me into believing that he was trying to sell the place to another investor (another buy-to-let arrangement) when that isn't the case at all.

[heisenberg]

An update on my situation:

The landlord has instructed the estate agent to serve notice, which expires in January 2022.

I take he can't now serve a section 8 notice too, especially if I don't let people view the property as much as he would like?

[EnglandPi]

What expires in January 2022 your tenancy agreement?

Under normal circumstances a section 8 once served, has to give the tenant two months notice to quit but since covid this has been extended to three months notice,

[heisenberg]

What expires in January 2022 your tenancy agreement?

Under normal circumstances a section 8 once served, has to give the tenant two months notice to quit but since covid this has been extended to three months notice,

The section 21 notice will expire in January 2022, so I will have to quit by then or he will issue proceedings.

He will initially be serving a section 21 notice, but am not sure if he can later change the type of notice (e.g. to a section 8).

I have asked him if I can leave sooner should I find a new place to live shortly, with a view to avoiding a last minute and stressful rush for me towards the end of the notice period, but he responded by making that dependent on whether or not he sells the place due to financial reasons, which I think is a little greedy and unkind, especially as I have lived here for so long (15 years) and have been an excellent tenant.

[heisenberg]

The tenancy agreement was renewed on 11 July 2021, and it was a 2 year agreement.

[EnglandPi]

Are you in rent arrears or paid up to date. This has a bearing on a section 21 or a section 8 or both. Yes he can serve both.

[heisenberg]

Are you in rent arrears or paid up to date. This has a bearing on a section 21 or a section 8 or both. Yes he can serve both.

No, the rent is fully paid.

I see, I was thinking of the fact that he may be inclined to use section 8 if I don't dance to his tune in respect to viewings.