Tenant rights?

gerryandliza

Hi, was wondering if anyone could help us out. We have been renting a house for just over a year now. The house was on the market and after browsing the web today we saw that it is now sale agreed.

Our lease expired a couple of weeks ago and the landlord refused to renew due to the fact that there was an offer on the house. In his words we could stay on a week to week basis. A few weeks ago we were told that an estate agent would be coming over to do an evaluation. We have never been asked if times and days would suit us for viewings etc and have always been dictated to. We have just been told that a surveyor will be coming this Tuesday and when we told the landlord that this doesnt suit as we would be running around getting school stuff ( we have 3 kids starting this week) he told us that he has a key for the house and the survey HAS to go ahead.

He has also told us that we are to lock our 2 dogs up in the shed. We have told him that we dont want anyone coming in the house without us being here. We are thinking about giving him a letter tomorrow, stating that it doesnt suit us that the surveyor comes this Tuesday and suggest that he comes on Friday morning which does suit us. We are very concerned that he will come in the house on Tuesday and that our dogs WILL bite and attack him.

Are we within our rights to refuse Tuesday and give an alternative date and also can we refuse that he comes into the house without us being present?

mikemac

Any chance of some paragraphs? Nightmare to read

The landlord or who they send cannot enter unless it's an emergency like a burst water pipe maybe.

The survey will have to be done, it's ok to ask to put it back until Friday.
Since you've proposed a new time you are being reasonable.

Now if you refused to allow the surveyor in or proposed some time weeks away my answer would be different

gerryandliza

mikemac wrote: »

Any chance of some paragraphs? Nightmare to read

Paragraphs are the least of my worries right now, but will go back and edit. Thanks for the advice, I do believe we are being reasonable, just not sure of what our legal rights are. Thanks again

xper

gerryandliza wrote: »

Our lease expired a couple of weeks ago and the landlord refused to renew due to the fact that there was an offer on the house. In his words we could stay on a week to week basis.

As well as the advice given above regarding arranging access to your home, you should be aware that, under the Residential Tenancies Act 2004, once a fixed term lease has expired (I presume from what you've said, you had a 1 year lease), your tenancy automatically assumes the status of a Part 4 Tenancy. As such, the landlord is entitled to serve notice to terminate the tenancy if he sells the house. However, as you have been there between 1 and 2 years, you are entitlted to 42 days notice. Don't accept this week-to-week nonsense.

I would contact Threshold first thing in the morning to get advice as to how to handle the immediate situation of an unwanted visitor on Tuesday. Your landlord may be simply unaware of his and your legal rights and responsibilities. Or he may be fully aware but is counting on hoping that you are not. In either case, it needs to be made clear to him that he cannot push you around like this.

Is your tenancy registered with the PRTB? If not, your landlord is at risk of a fine and you can use this to your advantage to get him to play by the rules. It looks like you are going to end up leaving this premises in the near future whatever happens, so the goal here is to get him to see it is in his interest to do it the easy way and follow the rules.

Ray Palmer

In fairness just start looking for a new place. It sounds like you are going to be asked to leave anyway. Having it week by week is good for you while you find a new place.

I am guessing if you push it the landlord will hand you your notice now.

He can't come and go as he pleases but if you ever tried to get people to turn up on time you know they don't do it. I get being annoyed but he probably has little control and is trying to get rid of the house. There are rules but try to have a little understanding.

gerryandliza

Thanks for the advice, we have drafted a letter to the landlord and will be dropping it to him later.