Landlords help please. What are tenants rights?

[Bethsmummy 10]

So 8 weeks ago my landlord had me renew another 1 year tenancy (costing me £140) since then I've spent almost £1000 having new gates fitted, decorating the lounge and tiling the kitchen. Yesterday he tells me he's putting it on the market (with me as a sitting tenant)

I have to assume the buyer could want it as a home for themselves though....in which case what are my rights as a tenant. Do the new buyers have to see out my 10 month remaining tenancy or would they have to give me the statutory 8 week notice???

Also how many viewings would be classed as an invasion of our privacy. I tried to negotiate with the agent today that I would agree to maybe 1 viewing a week. But she started umming and ahhing that should demand be high for viewings we'd have to kind of put up with it. Any ideas on my rights. Thank you in advance.

[mafya 237]

So 8 weeks ago my landlord had me renew another 1 year tenancy (costing me £140) since then I've spent almost £1000 having new gates fitted, decorating the lounge and tiling the kitchen. Yesterday he tells me he's putting it on the market (with me as a sitting tenant)

I have to assume the buyer could want it as a home for themselves though....in which case what are my rights as a tenant. Do the new buyers have to see out my 10 month remaining tenancy or would they have to give me the statutory 8 week notice???

Also how many viewings would be classed as an invasion of our privacy. I tried to negotiate with the agent today that I would agree to maybe 1 viewing a week. But she started umming and ahhing that should demand be high for viewings we'd have to kind of put up with it. Any ideas on my rights. Thank you in advance.

 

Houses with sitting tenants usually attract other landlords looking to add to their portfolio in a majority of cases as homebuyers looking for themselves don't want the hassle of waiting for a tenant to move out unless the property is highly desirable in some way.

You should be able to stay for the rest of your tenancy , the landlord could have served you notice to quit stating he/she wants to sell as the reason if they wanted to.

In regards to the viewings why don't you ask the agent if they could do it as an open day for all viewings to be done on that day or a couple of different days in agreement with yourself for example?

Unfortunately the gate, lounge decoration and tiling the kitchen is something you decided to do but you could tell the landlord to offer some kind of compensation if you have to leave otherwise you will become a hard to get rid of tenant.

I would also get in touch with the council housing dept to ask them for advice in regards to what rights you have etc and would also put your name down on the council housing list because if you have to leave through no fault of your own then the council may have a duty to rehouse you.

Getting in touch with the housing dept is the first thing I would advise.

Don't stress as you have rights...

[Bethsmummy 10]

Thank you Mafya. I am on the housing list have been for a decade or more so should the need arise.

Pretty devastated by it all. Wanted to stay here a few more years as I was promised.

[mlfc 10]

mayfa is right in that it's likely that potential buyers will be investor landlords and therefore demand should be lower and you probably won't have loads of viewings. It's not unreasonable to limit when viewings can take place - this is your home after all and you have rights.

 

This will sound pedantic but you are not a sitting tenant but an assured shorthold tenant. There's a difference and the rights of an AST are not as great as a sitting tenant but you still have the right to see your contract out. Have a look at http://www.thepropertylandlord.co.uk/property-with-existing-tenant-obligations.html

 

Sorry you've had to pay £140 to extend. This is pure profiteering by your landlord or lettings agent for 5 mins work. It's outrageous that unscrupulous agents take advantage of tenants in this way. It gives our industry a bad name.

[Bethsmummy 10]

Thanks for the link mlfc. Good info x

First time I've ever paid for a renewal in 12 years renting. But that's the big letting agents for you. You don't mind if your getting 12 months assurance though. Now I'm not even guaranteed that.

Edited May 20, 2016 by Bethsmummy

[mlfc 10]

Thanks for the link mlfc. Good info x

First time I've ever paid for a renewal in 12 years renting. But that's the big letting agents for you. You don't mind if your getting 12 months assurance though. Now I'm not even guaranteed that.

You will retain your rights to complete your tenancy but you should mind about the £140. If anything the landlord should be paying the agent to extend the agreement as it's guaranteeing their income for 12 months.

 

Look on the bright side. You might get a better landlord out of this and they might use a decent lettings agent like us.

 

If there's anything we can do for you, advice or otherwise, don't hesitate to contact me

[Bethsmummy 10]

Thank you very much Mlfc for your thoughtful words.

I'm feeling very low about the whole situation today.

The letting agents are maintaining that it's marketed at the btl market but I've seen the brochure online today and in great bold letters it says **READY TO MOVE INTO**

I feel very displaced and low thanks to the ludicrous agents.

[Jeffrey Shaw 88]

You will retain your rights to complete your tenancy but you should mind about the £140. If anything the landlord should be paying the agent to extend the agreement as it's guaranteeing their income for 12 months.

Yes- esp. as L has a contract with the Letting Agent (Agency Agreement) whereas T doesn't; so why should T pay anything for L's Agent's benefit?

[matssundin13 10]

Many agents (especially ones I've come across) charge both the landlord and tenant.

 

When we had a low income tenant in ours, she said she wanted to stay another 6 months, we said that's fine, she doesn't need to renew the contract, but they insisted she did.

[Cyclone 10]

Thanks for the link mlfc. Good info x

First time I've ever paid for a renewal in 12 years renting. But that's the big letting agents for you. You don't mind if your getting 12 months assurance though. Now I'm not even guaranteed that.

 

You are guaranteed that. It's an assured tenancy. So long as you don't breach the agreement it cannot be terminated early.

 

An AST has a minimum length of 6 months during which time the tenant cannot be evicted under the shorthold ground – Section 21 of the Act. However, if the tenant seriously breaches the terms of the tenancy contract they could be evicted on breach of contract grounds – Section 8 Schedule 2 of the Housing Act 1988 as amended 1996 gives 17 separate grounds on which the landlord can evict a tenant.

 

From here

http://www.landlordzone.co.uk/content/ending-assured-shorthold-tenancy

 

Edit - You are also correct that you can limit the viewings. Don't be deliberately obstructive, but make it clear that 1 or 2 viewings a week is the limit as otherwise it is disruptive to you and that they must occur whilst you are there to supervise. The agency selling the house should not be given a key.

[mlfc 10]

Many agents (especially ones I've come across) charge both the landlord and tenant.

 

When we had a low income tenant in ours, she said she wanted to stay another 6 months, we said that's fine, she doesn't need to renew the contract, but they insisted she did.

What you suggested absolutely the right thing to do as a good landlord will not throw a good tenant out and the agent will continue to collect their management fee each month. It's profiteering

[geared 298]

Thank you very much Mlfc for your thoughtful words.

I'm feeling very low about the whole situation today.

The letting agents are maintaining that it's marketed at the btl market but I've seen the brochure online today and in great bold letters it says **READY TO MOVE INTO**

I feel very displaced and low thanks to the ludicrous agents.

 

It's ok don't worry.

You're going to be there for the viewings, so tell each and every person that you're the current tenant and you've got 10 months left on the tenancy you fully intend to see out.

 

That should be a clear enough signal that anyone thinking of attempting to move in themselves should look elsewhere, because forcing you out will be a problem for them.

You'd have to be insane to buy a property with a tenant and just expect to quickly boot them out of the place.