tenants & showing property for sale

ILIKEFOOD

So the house in which we live is going up for sale. we had a very good relationship with our letting agent (Mason Estates) and we will give them without any hassle all they and we are legally entitled to when it comes to allowing the place to be photographed and shown etc.

I'm just a bit afraid that there will be a tonne of showings. We won't be moving until the last day of our legal right. It just doesn't suit us to go sooner.

I know these showings are agreed between tenant and agent but what would be typical in a week? What are normal times in which these things happen..

As we both work 9 - 5 ish anytime during those hours is totally fine but I assume evening showings are more common or are they??

cheers

tommyombomb

Happened to me in the last place I rented. It is a nightmare. Both parties want something different. I would advise trying to get out as soon a possible.

ILIKEFOOD

It's a shame there isn't any legislation detailing how many hours the seller is entitled to. Even though we have somewhere to go, we don't have time to move right now. It is a bit of a pain alright but sure that's unavoidable.

Tiddlypeeps

Unless things have changed recently the law is that you need to agree to a time with the landlord. If 9 to 5 is the only time range you are willing to put up with then I believe you are within your rights to put that restriction in place. It would be reasonable to allow them at least some access during evenings or weekends but exactly how much access is up to you and what you are willing to put up with.

stinkbomb

They aren't legally entitled to anything. You don't have to allow any viewings at all or have photographers in or anything else. You can say no to all of it.
While you have the tenancy the only person who can decide who enters the property is YOU. Not the landlord, not the agent, no one else. Other than actual true emergencies, you have complete control as you have paid in full for the quiet enjoyment of the tenancy.

Lots of landlords will tell you otherwise, they are wrong. They can even write it into your tenancy and it still doesn't matter, as no clause can over ride your statuatory entitlements.

4ensic15

stinkbomb wrote: »

They aren't legally entitled to anything. You don't have to allow any viewings at all or have photographers in or anything else. You can say no to all of it.
While you have the tenancy the only person who can decide who enters the property is YOU. Not the landlord, not the agent, no one else. Other than actual true emergencies, you have complete control as you have paid in full for the quiet enjoyment of the tenancy.

Lots of landlords will tell you otherwise, they are wrong. They can even write it into your tenancy and it still doesn't matter, as no clause can over ride your statuatory entitlements.

A clause can override the statutory entitlements.

ILIKEFOOD

4ensic15 wrote: »

A clause can override the statutory entitlements.

The clause doesn’t specify anything other than show times to be agreed between tenant and letting agent..

Just a bit annoying I was hoping there was some guidelines as to what constitutes fair etc

stinkbomb

4ensic15 wrote: »

A clause can override the statutory entitlements.

It can't. That's why its a statuatory entitlement. You can put a clause in that the tenant has to sing the macarena every morning but it doesn't mean anything legally. Same as entering a clause that insists you have rights to bring other people into a tenants home for your own purposes. You don't, no matter what the lease says.

_Brian

stinkbomb wrote: »

They aren't legally entitled to anything. You don't have to allow any viewings at all or have photographers in or anything else. You can say no to all of it.
While you have the tenancy the only person who can decide who enters the property is YOU. Not the landlord, not the agent, no one else. Other than actual true emergencies, you have complete control as you have paid in full for the quiet enjoyment of the tenancy.

Lots of landlords will tell you otherwise, they are wrong. They can even write it into your tenancy and it still doesn't matter, as no clause can over ride your statuatory entitlements.

So, the problem with that is the tenants will just get served with notice to leave. Then they’ve lost the property.
Making some sort of equitable arrangements with the landlord would be my suggestion, if the property fails to slake the tenants get to remain on without the hassle of finding a new property.

john kinsella

_Brian wrote: »

So, the problem with that is the tenants will just get served with notice to leave. Then they’ve lost the property.
Making some sort of equitable arrangements with the landlord would be my suggestion, if the property fails to slake the tenants get to remain on without the hassle of finding a new property.

The OP has already had notice to leave from what I can gather?

I was in a similar situation whereby I agreed to one showing of the apartment I was in under the condition I was present the whole time and I received a post dated cheque before it happened from the letting agent for the return of my deposit dated the day we were due to leave.

Saints#33

I went to a showing last month and there was €100 accidentally left on the bedroom floor.

I pointed it out to the estate agent, but a less scrupulous person could have easily pocketed it.

Not a fan of these kind of showings at all.

4ensic15

4ensic15 wrote: »

A clause can override the statutory entitlements.

What?

stinkbomb

_Brian wrote: »

So, the problem with that is the tenants will just get served with notice to leave. Then they’ve lost the property.
Making some sort of equitable arrangements with the landlord would be my suggestion, if the property fails to slake the tenants get to remain on without the hassle of finding a new property.

They are going to get notice to leave either way. Why do you think they should have their last months in the property they are paying handsomely for disturbed to help out a landlord, with no benefit to themselves?

ILIKEFOOD

john kinsella wrote: »

The OP has already had notice to leave from what I can gather?

I was in a similar situation whereby I agreed to one showing of the apartment I was in under the condition I was present the whole time and I received a post dated cheque before it happened from the letting agent for the return of my deposit dated the day we were due to leave.

yes, we have been given the statutory declaration of intent to sell

- post dated cheque is a good idea.

I actually don't want to be there myself. I don't fancy strangers shuffling around our lives - obviously that's not what they're there for. I accept that is the nature of the arrangement we signed up to though.

stinkbomb

ILIKEFOOD wrote: »

I actually don't want to be there myself. I don't fancy strangers shuffling around our lives - obviously that's not what they're there for. I accept that is the nature of the arrangement we signed up to though.

But it isn't. You don't have to do it at all. Doesn't matter what you signed. If you want to help them out you can do so, but be aware that you are doing them a favour.

Claw Hammer

stinkbomb wrote: »

It can't. That's why its a statuatory entitlement. You can put a clause in that the tenant has to sing the macarena every morning but it doesn't mean anything legally. Same as entering a clause that insists you have rights to bring other people into a tenants home for your own purposes. You don't, no matter what the lease says.

Some clause are not enforceble such as contracting out of the residential tenancies act, or contracting out of minimum standards. What the tenant has is a right of peaceful enjoyment. If he agrees to the landlord coming in, he can't complain about a breach o his right to peaceful enjoyment. Tenants always contract to allow the landlord enter for inspection and repair including with workmen. The tenant can't complain if the landlord does just that! You should go to law school.

stinkbomb

Claw Hammer wrote: »

Some clause are not enforceble such as contracting out of the residential tenancies act, or contracting out of minimum standards. What the tenant has is a right of peaceful enjoyment. If he agrees to the landlord coming in, he can't complain about a breach o his right to peaceful enjoyment. Tenants always contract to allow the landlord enter for inspection and repair including with workmen. The tenant can't complain if the landlord does just that! You should go to law school.

you should, you have it backwards. Tenant has right to quiet enjoyment and the ll cannot contract them out of that with any clause. Tenant does not need to allow access to anyone outwith of emergency and no lease can over ride that. It has been tested in court and shown repeatedly to be the case. Look it up.

Lux23

Our landlord is selling at the moment and the agent schedules viewings at 3 pm on weekdays only.

Thoie

I was an owner, not a tenant, and sold the apartment I was living in last year. The estate agent said they'd prefer I wasn't there (as the people living there can accidentally put people off). There was a single viewing of an hour on a Saturday morning. The agent had numerous people through during that hour, but that was the total of the "disruption" to me.

Obviously different properties sell differently, and agents are all different, but if the house is in good nick, in a desirable location, there shouldn't be a need for multiple viewings. I think it would be reasonable to allow one weekday viewing, and one weekend viewing a week or so later, and leave it at that.

Claw Hammer

stinkbomb wrote: »

you should, you have it backwards. Tenant has right to quiet enjoyment and the ll cannot contract them out of that with any clause. Tenant does not need to allow access to anyone outwith of emergency and no lease can over ride that. It has been tested in court and shown repeatedly to be the case. Look it up.

Links?

Ghekko

Saints#33 wrote: »

I went to a showing last month and there was €100 accidentally left on the bedroom floor.

I pointed it out to the estate agent, but a less scrupulous person could have easily pocketed it.

Not a fan of these kind of showings at all.

On that note, if you do agree to viewings make sure you box up any valuables - jewellery etc - and put them somewhere safe.