Potential buyers viewing tenanted property

Ulanzi

Hello,

There's nothing much we can do about this one I suspect but here goes. The building in which I live is going on the market. Yesterday, I got a visit from the estate agents who informed me that my apartment would be on view every Thursday and Saturday for a couple of hours over the next four weeks. I was cheekily informed also that it would be better if I wasn't there.

I work from home so I will certainly be there but it's just an awful thought that fat cat strangers will have the run of the place and I can't do anything about it. It's a massive invasion of privacy.

It also seems that we were made to sign a year long lease when the company who let the place to us were aware that this would go ahead in the following months.

Do tenants have any rights in this situation?

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Ulanzi wrote:

Do tenants have any rights in this situation?

Yes - http://www.oasis.gov.ie/housing/renting_a_flat_or_house/tenants_rights_and_obligations.html
You are entitled to "quiet and exclusive enjoyment of your home" and must only "give the landlord access (by appointment) for routine inspections."

I'd tell them they can show the apartment after you leave (I'd just take to walking around the house naked).

Matt Bianco

Hi there

I ran into this problem last year when I was in a similar situation where we got a call over the Christmas break from our landlords to say that they were going o capitalise on the increased value on their property by selling with an attitude of "it'll be a hassle making yourselves scarce but hey, that's life!". We investigated our rights through Threshold (who are excellent) and were told that as long as you have a contract, you are not obliged to show the house unless it's in the last month of your contract. I faxed our lease to them and they confirmed that this was in line with what we signed. In order to acede to their request, we could negotiate a compromise which we did: €50 per viewing with 24 hours notice and a maximum of 2 per week with 1 being the norm. This reflected the disruption of having to make yourself scarce for the hour as well as minimising the neighbours who wanted to see what decorating and home improvements they had done in the house we were renting. They went along with it (they had no choice) and asked for cheques to be issued retrospectively with further viewings dependent on receipt of the cheque.

Tenant rights should be shouted from the rooftops but whose interest would that serve!

godtabh

I would rather view a house with no teants in it but it wouldnt bother me either way.

Its your home. Do what your entitled to do.

I remember viewing a house in March. The girl was showing myself, Mam and Dad around the place. She thought no one was in (had agreed with land lord that there wouldnt be!). My dad walked into the bathroom to check it out only to be greated with a half naked you lady. I would've bought the place then and there is she came with the house! But alas it wasnt to be!

whizzbang

Matt Bianco wrote:

Hi there
In order to acede to their request, we could negotiate a compromise which we did: €50 per viewing with 24 hours notice and a maximum of 2 per week with 1 being the norm.

This is an excellent idea!

Ulanzi

Thanks a million. That's interesting. I've contacted Threshold and they're giving me a call back on it. We're only four months into the lease so it could be interesting.

antoinolachtnai

Personally I wouldn't leave the house unattended in those circumstances. You have no relationship with the estate agent and the agent owes you no duty of care (as they would if they were showing the house on your behalf).

shoegirl

Ulanzi wrote:

Hello,

There's nothing much we can do about this one I suspect but here goes. The building in which I live is going on the market. Yesterday, I got a visit from the estate agents who informed me that my apartment would be on view every Thursday and Saturday for a couple of hours over the next four weeks. I was cheekily informed also that it would be better if I wasn't there.

I work from home so I will certainly be there but it's just an awful thought that fat cat strangers will have the run of the place and I can't do anything about it. It's a massive invasion of privacy.

It also seems that we were made to sign a year long lease when the company who let the place to us were aware that this would go ahead in the following months.

Do tenants have any rights in this situation?

Technically your landlord cannot enter the property without giving you proper notice and without good reason. You strictly could challenge this, but my response would be to throw a good party the night before, bring around all your smoker friends, don't clean for a few days, and leave lots of empty beer cans around . . .

magpie

Make it €200 a viewing

hmmm

Check your lease first of all, but the Estate Agent has got some cheek and deserves to be taken down a peg or two. If I was in your position I'd play hardball but that's me. Say "no, you can't come in" and take it from there.

Either way, I suppose you realise that you need to start looking for a new place.

Sponge Bob

Ulanzi wrote:

We're only four months into the lease so it could be interesting.

fecks sake. You know that Open Viewing means the EA will let complete strangers wander around your flat unsupervised . "Closed" or Normal Viewing means they are accompanied by the EA at all times .

Your home insurance is invalid because of this so check teh EA has full open viewing insurance and proves it to you so if any of your stuff is nicked by some skanger who spots the "open viewing" sign you know who to claim off

Ulanzi

I've no intention of leaving the place during a viewing. It isn't a walk off the street situation. Rich people only need apply - it's a big sale.

The lease as far as I can tell, and as far as Threshold reckons, protects us and we'll have to be bought out if they want us to move. Getting a solicitor mate to look at it tomorrow just to be sure but I can't find any clause that gives the landlord a way out in this situation.

Fingers crossed...

Thanks for all the advice

antoinolachtnai

Anyone can view any house that is up for sale. Estate agents don't pre-screen. There's just no way to know who has the money anymore. Rich people don't wear badges. Besides what you are describing sounds like an open viewing where people can just walk up to the door.

They don't have to get you to leave in order to sell the property. It used to be the case that this was important, but this isn't so critical anymore (because you can no longer become a sitting tenant with long-term tenure).

It sounds like the owner is being unreasonable here, but you do need to work out some reasonable comprimise. If you need to work in the house, then I would work out what it is going to cost you to get alternative accommodation and your lunch for the afternoons involved, and ask them for the money.

I wouldn't bother negotiating with the estate agent, you need to speak to either the management agent or the landlord himself.

I wouldn't waste too much time on this. You really don't have much to gain at the end of the day.

I would just tell the estate agent that you aren't happy with the arrangements he suggested and that your apartment won't be available for viewing at those times. It's not the end of the world for the estate agent anyway; it's pretty common for some parts of a divided house not to be available for viewing.

The landlord or management agent will then call you (or not) to come to some arrangement.

bullrunner

OP : Check your lease and see if it has anything about breaking the lease. If it doesnt, if I were you i'd check with your solicitor mate about suing for breach of contract ....check and see how much notice they have given you and if its in accordance with the law...you could get a nice claim from them. I've attached a file from the PRTB on the ins and outs of the laws.

Calina

I suspect there are going to be more stories like this in the coming 18 months as capital appreciation slows down.

My recollection of being a tenant in a house for sale is that 1) the landlord will almost certainly forget about his obligations and 2) as long as you are still living in the house, it will be difficult to deal with the idea of other people coming to look at it. I used to hate the idea of people looking at my bedroom. My advice is - within the framework of your lease agreement - try to come to some arrangement about exiting the place ASAP.

What stuns me here is that the estate agent is dealing with you. Your agreement is not with him, he is not working on your behalf. If I were you I would inform him that any viewings need to be arranged through your letting agency/landlord/whoever you deal with as regards the tenancy.

Ulanzi

First off, thanks so much for all the advice.

Turns out we have a water tight lease so there's nothing much they can do unless they buy us out of it. The estate agents will not gain access to our home and that's pretty much the height of it.

For anyone else in this situation, Threshold offer excellent advice and ALWAYS READ YOUR LEASE.

Much happier, but prepared for a struggle...

Sponge Bob

better change the lock anyway if it was there before you took over the place !

Lex Luthor

I'll be in this situation next year when I plan to sell my house thats being rented, but I wouldn't dream of doing it while the tenant still lived there.

Their lease is up in April, and I will be mentioning it to her in March and just letting her know of my intentions. Let her make the decision as to whether she wants to stay on during viewings or move on.

Of course the best situation of all would be if she bought it...fingers crossed.

Victor

Sponge Bob wrote:

better change the lock anyway if it was there before you took over the place !

You need the landlord's permission to change the lock.