Landlord selling up - my rights, if any?

K

koconnor

Registered User
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Hi all,

My landlord expressed interest in selling the apartment we are renting back in Aug 06 and did indeed put it on the market then.

It has been on the market ever since and only one viewing to date.

Between myself and the landlord was a verbal agreement of one month's notice either side to leave. I have been a happy tenant here for nearly two years now.

Back in January the landlord contacted me wanting to show the apartment that night. I was not available that night to ensure the apartment was secure of my belongings to have people walking around it before I could secure my things.

So long story short I offered to make the sale far easier on the landlord by offering to move out so as the landlord could have the apartment back to themselves so as selling would be easier. I also expressed my concerns about my inconvenience that at any time he could call wanting to show the apartment, and that I had agreed a rent paid to him each month when I moved in and didn't think it was fair I had to accommodate random visits whenever the situation arose, any day or time of the week.

Needless to say the landlord kept things the way they were and never bothered me again... until recently and wants to allow people to visit as the agents have contacted him about interested parties.

I am thinking of moving out now, but the build up to my question is am I entitled to say to the landlord that I can only offer one night a week to show the apartment between Xpm and Ypm?

I am worried that if I give my notice to leave then the landlord will have people calling round each night if they were interested, and putting me out in the car whilst they take a look.

I am really concerned about all this and really appreciate all your comments.

Many thanks in advance,

Kevin
 
I think the problem here is that you have been too accommodating.

Normally an owner would decide to sell, provide you with notice in accordance with lease/part 4 tenancy requirements and you would have to allow for reasonable access for viewings over the notice period before you move out.

You have allowed the owner to have their cake and eat it, so to speak. There really is no requirement that you allow such access over such extended periods of time.

So you options are to:

  • Talk it out with the LL and reach an agreement as you indicated
  • Serve your notice
  • Force the issue by refusing further access under the present circumstances, which would mean the LL would need to give you notice in order to acccess his/her rights to provide for viewings.
Do what most suits you.
 
Could you ask the landlord for a reduction in rent by say 100 a month, would that in someway compensate you for the inconvenience of people coming to view the apartment?
 
or to make it interesting a payment for every viewing, will certainly focus the mind on getting the right viewers through the door
 
Hi all,

All very interesting replies thank you all.

I am curious, if I decide to stay on just how much notice does the LL have to give me if he wants to view the apartment?

I was thinking about asking for a reduction in rent, but then I was worried that he would have people in and out of the apartment every day (if he can get them), hence the interest in his notice requirements.

Cheers all,

Kevin
 
It's something you need to arrange amongst yourselves. To be honest I would guess he's fully prepared for the day when you turn around and say you're not happy with the situation. If he cannott afford to leave the place vacant then you'll have some good bargaining power. If he can afford to have it vacant then I'd imagine you'll probably have to put up or move out.
 
The above suggestion is a really interesting intepretation of 'pay per view'.
Its a good idea.
 
If we do decide to move out then he will have the very same issue with his new tennants - that is having them allow people in to view the apartment. I am sure the new tennants wouldnt be none to happy with the arrangement.


Thinking it over I wil probably take the option to move out to somewhere bigger... he wants to sell up and I dont want to be doorman to strangers every evening.


As a matter of interest are there any property/rent websites that allow you, the tennant to put up a wanted advert for a particular type of apartment? I could put up I was looking for X apartment in X area for a range of X euro?



Thanks all!

Kevin
 
Faced a similar situation to the OP, but it was never suggested that the LL would put the place on the market or show it until after the lease agreement had come to an end, either because it was ended early or had run its course.

The only 'imposition' on me was that the lease would not be renewed. The flip side was that there would be no penalty for ending it early.

If I were in the OP's position, I'd give my notice. Keeping a place in showable condition is not easy and you shouldn't have to do this for a place you don't own, or facilitate this kind of access.

I don't think its a question of getting a discount on the rent or a payment for every viewing facilitated, its more about the place being on the market for sale and this conflicts with its availability for rental - unless it was specifically advertised as a property with a sitting tenant (v.unusual I'd say)
 
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