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Being kicked out because landlord is selling..


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This is an extract from ome of my tenancy agreements

 

 

 

If you have not given notice, then he or is agent have no legal access to your property.

 

He may be able to sell it provided it does not affect your tenancy.

Otherwise he has to give notice for you to leave.

 

Notice by either party can be given

(another extract from one of my tenancy agreements)

 

 

Please check your contract as it may differ from the above.

If in any doubt, contract the CAB

 

So, if the landlord has given you 2 months notice to leave, then he can make reasonable request to view your (or his) property.

 

we have not had notice. I accept that he will need to show people around after giving notice my issue is that I don't want the estate agent showing people around without our letting agent or the landlord present (as our contract is with them).

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This sucks - we had this when we were renting and the landlord was selling

 

Basically your contract is with your landlord

The landlord's contract is with the letting agent

 

Even though you probably don't speak to your landlord directly your contract is with them and you should check your tenancy agreement

 

We had to remind ours of the agreement and the fact that viewings could only be done in the "last month of the tenancy" and not the 3 months before that they were trying to do - this made them wait a bit before taking photos - so we were almost ready to move out by then

 

We also had to let a stranger in the form of an estate agent in to let people round - we made sure all our valuable and personal items were hidden away

 

I refused to conduct viewings and any time they suggested for a viewing (there weren't many) I told them we were out any they'd have to do it.

 

It is bad but go out when there are viewings so you don't think about it - good luck with getting more settled!

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It would be normal for the letting agent/landlord to accompany any prospective tenants... but that isn't what is happening here... unless I'm reading it wrong the current owner is SELLING the property and expecting Llamatron be available for the estate agent in charge of the selling to be in when they come around with prospective buyers.

 

jb

 

---------- Post added 15-01-2013 at 19:06 ----------

 

 

So to be clear, llamatron doesn't have to move out if he doesn't want to?

 

jb

 

we will have to leave after being given two months notice-which we have not had yet but if we are too difficult we will get it immediately.

 

That is why I am prepared to allow a certain number of supervised viewings but not without the landlord or letting agent present because who knows who will be looking round the house, and the estate agents have no duty to us whatsoever.

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Yes, unless L1 or L2 brings the letting to a end lawfully.

 

You can buy and sell a house with sitting tenants in quite easily - I've done that and there is generally no problems at all. The only way you can require them to leave is with a properly formed Notice to Quit etc which takes some months to take effect.

 

What I did with mine to avoid having to draft a transfer of tenancy is - with the tenants full knowledge and understanding naturally - get the previous landlords to issue them with a notice to quit that takes places on the day of the sale, and then issue a new AST that take effect immediately. Everyone moves at the same time then in effect and everyones happy.

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I hate to be splitting hairs but both the estate agent and the letting agents are acting on behalf of the owner.

 

If the landlord or his agent have given you written notice (as per your contract) then they are allowed to show anyone around your property provided they have given you reasonable notice. This should be clearly explained on your contract.

 

He cannot kick you out.

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I hate to be splitting hairs but both the estate agent and the letting agents are acting on behalf of the owner.

 

If the landlord or his agent have given you written notice (as per your contract) then they are allowed to show anyone around your property provided they have given you reasonable notice. This should be clearly explained on your contract.

 

He cannot kick you out.

 

I am pretty sure you are wrong. The contract does not mention viewings, it says the landlord is allowed access for emergencys and maintenance with notice. It also says we are entitled to quiet enjoyment of the property-it is essentially our house for the duration of our tenancy.

 

There seems to be a rule that says you must allow some viewings after you have been given notice although there is nothing written in our contract about this. I am almost positive that we can limit the times and number of viewings even after we have been given notice.

 

My specific question is whether they can give out another set of keys to a third party to allow them unsupervised access.

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I did explain in an earlier post, that you do have to read your contact.

 

Please feel free to PM it to me, if you wish, but do remove any personal detais.

 

I have read it and it is as I have stated above. It doesn't mention giving keys out to a third party.

 

I got home on friday and someone had been in and moved everything around-presumably for photos! We have not been told who or whether our landlord/letting agent was present.

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