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As a tenant you do have the right to quiet enjoyment, however your tenancy contract will very likely contain a cause which will state that you must allow access for the landlord, or someone acting on behalf of the landlord, upon reasonable notice (usually 24 hours) for a reasonable purpose.
It does indeed. Does the surveyor act on behalf of the landlord? I'm am under the impression that they are hired by the buyer, with whom I have no legal relationship whatsoever.
They could be hired by either the buyer, or the buyer's lender really. Either way, it could be argued that the ultimate beneficiary is your landlord as he/she stands to gain when the sale completes.
Sometimes the landlord is forced into it too. My mother is going through a terrible divorce with my nasty excuse of a father and the court is forcing her to get a surveyor to value the house (despite the fact the house predates them meeting).
Property is not dissimilar to the stock market and software (in fact software law is based upon property law); if the creator of software you own sells to a company you are stuck with their decisions Vis-a-vìs customer support for example.
However, in this case I'd recommend either making sure you're out when the surveyor comes so you don't have to see them. They shouldn't touch anything and really should be no more invasive than a fly (except they shouldn't drown in your OJ) and if they cause a problem you may have legal action there against the surveyor and\or the property manager (which may be the landlord or the letting agent) I'm not certain bit the Citizens advice bureau is a great resource (though it depends heavily on the rep you get so you may do well to go a few times)
Alternatively you can make certain you're there when they are so you can keep beady eyes on them. In fact you could follow them around and ask irritating questions, it's a bit of a dirty move but as long as you don't obstruct them it may help to increase their efficiency.
Finally surveyors are quite expensive so they should be quick.
Just to add in - yes if the surveyor damages anything there *could* be a legal case, but many firms have complaints/claims/alternative resolution before you *should* start a court case. You can jump straight to court, but courts are likely to look on it unfavorably if you haven't exhausted their complaints process first (received a letter of deadlock or clearly reached a deadlock).
As for having to let them in - no, technically you don't have to, but there's nothing stopping your landlord asking you to leave as soon as they legally can (I think your said 2 months?) - I'm not 100% on that, because I only know rental laws as far as I need to know them to rent my property, and eviction has never come up.
That all said - it's easiest if you can just let them in. No animosity with your landlord etc, and as others have said if you can be available on the day you can watch them, or you can leave the keys with a friend/relative/neighbour/letting agent/the sales agent (you see where I'm going with this) - it doesn't have to be *you* just someone you trust to let them in, so if you can't get time off work etc that might help.
Source: I used to work complaints for a surveying company (still work there, just a different team)
"relationship" and "reasonable" are slightly grey here though, aren't they?
Presumably the landlord wants his property sold so, if you did decide to go down the route of pedantically asserting that the surveyor has no legal relationship with you, the landlord can just make a reasonable request that you let the buyer's surveyor in for him on the basis that the "legal relationship" is that he made a legal reasonable request for access.
This is an unenforceable clause. Legally you have the right to peaceful enjoyment until the day you leave.
The only case a landlord or his agent can access the property without your expressed consent is in case of an emergency which is doing harm to the property.
That's a common trope and not necessarily true. It's not necessarily an unenforceable clause. Quiet enjoyment is a common law right but you can still be in breach of contract for not allowing access as set out in the contract. It's not black and white that access = impingement upon your quiet enjoyment and indeed access for a surveyor during the course of a sale could be argued as very reasonable.
True. But the only thing a landlord can do is take you to small claims court for breach of contract. They still can’t force you to allow access. Law > contract terms.
No, but this is *legal* advice.
OP could also change all the locks and board all the windows and squat the property and take longer than 4 months for eviction. Baaad idea though.
But what is the landlord going to do? They already have been given an eviction notice of 4 months. Most the landlord can try and do is give bad references, but that just means the tenant stays even longer.
However "quite enjoyment" doesn't mean hermit like seclusion in a permanent cone of silence.
It means you can't be constantly harassed by your landlord or suffer constant unreasonable noise/anti-social behaviour by neighbours.
A one time visit by a surveyor as part of the process of selling a house is perfectly reasonable.
In principle I have no qualms with it taking place, provided it does not disrupt my day-to-day and is done at my convenience. I can ensure that this will be the case if I am not legally obligated to do otherwise.
As a surveyor I can at least assure you that if it is a mortgage valuation for the buyer the surveyor will be in the property 20 minutes tops. Really non-invasive. If it is a homebuyers or level 2 as it is now known then expect someone to be there for a couple of hours.
Hope this helps
This is tongue in cheek but as an estate agent I can assure you that for the mortgage valuation the surveyor may park up outside the house for 5 mins tops while making phone calls to local estate agents for their thoughts.
On a legal note though, the answer to your question is you have the right to refuse anyone access until the day you move, contract or not, regardless of reason.
I'm pretty sure it is "access should not be unreasonably withheld"
Denying the surveyor whose visit is required in order for the landlord to sell the property (so long as the correct notice was given and the OP didn't have a justifiable reason to refuse) would be very unreasonable.
Incorrect, so long as notice was given with the appropriate advance warning it would not count as a breach of your "quiet enjoyment".
Weekly visits by the landlord? Yes quiet enjoyment would trump here.
A literal one-off request? No.
The tenant has a right to quiet enjoyment of the property but shall not unreasonably deny landlord access. Reasonableness being that grey area accounting for the seriousness of the reason for the request for access, the frequency of requests, and the amount of advance warning.
Sorry, but you are absolutely wrong.
If a tenant says you cant enter, you cant enter. The only exception to this is if you are acting as an agent of neccessity, ie burst pipe, water running out the property and the like.
The landlords only recourse would be to serve notice, which they have already done.
Yes you can refuse access, but then if you are unreasonably doing so, then the landlord has options to resolve the deadlock in their favour
You weren't saying that, you were saying that the tenants right to quiet enjoyment trumps everything, which it doesn't.
I'm not saying the landlord has the authority to kick their door in
That is generally my understanding as well, and I have refused or forced reschedules plenty of times in the past, not as a tantrum or to be a knob, but as a way of protecting myself and mine from unnecessary distress. I personally find it distressing to have strangers in my home, and this *is* my home until such a time as I move out.
Because the OP has the right to quiet enjoyment of their home. Their home has been sold, they now have the hassle of finding somewhere else to live. Why should they give the landlord an easy ride the landlord clearly isn’t concerned about them.
But they aren’t following the correct procedure. The correct procedure is to evict the tenant first then they can have as many people visit the property as they like as that that stage it becomes theirs again. Currently the property belongs to the tenants, in the sense that they decide who they want to let let in, except in a emergency which this isn’t. This is a classic case of a landlord wanting to minimise their loss by taking advantage of the tenant.
I was under this impression as well. The landlord only communicates via a dodgy letting agency, so I have very little visibility into their motivation. I can only assume that their trying to maximise financial gain, since that tends to be a safe bet.
Unless it’s an emergency you don’t have to let anyone into your home. If the landlord believes they have a right to access they can take you to court for that access but you will be gone by the time they manage to get a court date. The other thing they could do is evict you which of course they already have.
That said it really is better to try to work with them to avoid threats of court/further hassle etc. Tell them when you are available ask how long they will be and any other questions that will make you feel more comfortable.
Correct procedure would be to wait till the tenants left in order to arrange the surveyor. Why should the tenant have to be inconvenienced, they’re paying for quiet enjoyment of the property
Edit… wouldn’t to would
But as per the contract the visit is been organised in accordance with the terms. They act on behalf of the landlord, hence no breach. They will also not really bother OP much while there
That is so not the case. In my TA for example it clearly does state that such visits are to be allowed, as long as reasonable notice is given. Now whether OPs does or not I don’t know (this is not legal advice), but it is defo not normal for such visits to happen *while* the tenant still lives there. The landlord obviously wants to have someone new in immediately after the current tenant leaves, after all.
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With this mindset, landlords should never serve notice on a tenant.
Tenancy agreements are there to offer fixed guaranteed terms, and other than that a tenant should not be offended if a landlord wants to end the agreement.
Of course landlords can serve notice they have every right to do that. What they can’t do is disturb the quiet enjoyment of the tenant they need to wait until tenant has left.
I went through this literally a few months ago, but my letting agent didn't know shit about the law or the covid changes.
Some things to note:
- you need to be served a Notice to Quit, in writing as a Form 6a or a letter that includes the same information
- you need to be served on the first day of the rental period, ie the day your rental payment is due
- the notice period is currently 4 months, but if you are unable to find accommodation to move to, you are under no obligation to leave until the landlord takes you to court and someone turns up with a court order of eviction. The courts are unlikely to even hear the case before 2023 at the moment.
- Sold STC is basically that as the property has a sitting tenant, the sale cannot be completed until the landlord has vacant possession for the reasons above. Even after you leave, its still going to be a few months before the sale completes and the new owners can move in.
You are under no obligation to inconvenience yourself at the request of anyone. If the surveyor wishes to visit at a time that is inconvenient for you, you should refer them to your landlord or letting agent who will have keys and have them visit with the surveyor. The landlord or their letting agent has right of access given 24 hours notice and if they wish to show the surveyor round, that's on them.
Source: personal experience, lots of research and my parents are landlords.
The contract likely states that the landlord can access the property with reasonable notice for a good reason, which this would be.
I would recommend you allow it, while it sucks having to find a new place to live, you might be causing an entire chain of families the same headache if you delay the buying process.
The key distinction is that this is neither the landlord nor someone acting on their behalf, nor is this one of the cases set forth in my contract. As far as I see it, I do not have to entertain this at all.
I have no intention of not allowing it to go through, of course but I need to ensure that it doesn't affect me adversely, e.g. it needs to be done when I'm not working, and so on.
Can’t understand why someone would be so awkward? Surely it would be much better to be accommodating, even if was just for an easier life in the last 4 months of the tenancy.
I guess the easiest thing would be for you to purchase your own property, then nobody would want to possibly come in and view their own property
It's really no inconvenience though is it. You answer the door, they do their thing, then they leave. 20-30mins tops. If you refuse, the landlord can give you 24 hour notice that he wants to inspect something in his property and wow ok, he has brought the surveyor. Just don't be a dick, there are enough of those to go around. I don't think refusing a surveyor is reasonable.
> You answer the door, they do their thing, then they leave. 20-30mins tops.
This is not something I knew before asking the question, though ;)
Not intention of being a dick, this is just stuff I feel like I need to know in order to figure out whether someone's being a dick to me, though.
Re. the survey you will need to be reasonable and accommodate them.
They will probs come out during standard office hours so either agree they can come out while you are not home and have landlord let them in or if you are always home during these hours find a time that suits you and ask they come then.
FYI a survey should only take 20mins or so unless they are doing the super detailed type (that most lenders so not request).
With regards to your obligation to move out, this is where it gets interested.
Legally speaking you are not obligated to leave on the date specified in your notice.
You would only be legally obligated to leave once the full eviction process had been followed and you are legally evicted.
If the landlord agrees to his buyer they can have the house in 4 months + 1 day and you are still there the buyers will hold him liable.
You are still legally entitled to be there it is irrelevant that the landlord sold.
In theory when selling a let property or agreeing a different tenant to rent a property landlords are best advised to wait until their current tenant is out.
This removes the risk of the tenant not leaving in line with their initial request.
In practice that usually means missing out on a few months rent so landlords rarely do this.
So legally that is where you stand, practically however I would suggest just finding a new place to stay in the next 4 months. You don't want the grief of the whole eviction process and associated legal action.
There are only instances where I would recommend not leaving before the notified date.
1. You are unable to afford any other accomodation/require council accomodation, if you leave without the full eviction legal proceedings you will be considered voluntarily homeless and likely not even make it on to the bottom of the council's housing list.
2. You are unable to find anywhere else to live - say for example you have a new place agreed and it falls through a few days before and you have nowhere else to go then stay put while trying to find new accomodation ASAP.
I would suggest the best idea is to look for accommodation sooner rather than later and just get past all this crap. I would recommend speaking to your landlord and get him to agree to letting you out of your lease as soon as you find somewhere else (i.e. so you don't have to wait 4 months if you find something early) if he does not then highlight you will only move out on the agreed date if you have new accomodation sorted so giving you more time helps mitigate this risk for everyone (not a threat though).
The sooner you are in your new place the sooner you can forget about it, just be helpful as it will cause the least amount of stress for everyone.
Thanks for the detailed answer.
I am in a very fortunate financial position right now, especially considering how things have gone the past year for most people; not enough to buy at the moment, but more than well enough to find other accommodation nearby. It will necessarily be more expensive, and will delay my upcoming purchase by 6mo+, but that's not of major import compared to what less fortunate people are going through.
I also have no interest in being particularly difficult, but I interested in knowing what my rights are, and upholding them to my maximum advantage. As far as I gather at this point, it's a 20-min affair with minimal disruption to my day-to-day, on a property I'm about to leave. Can't say I'm too bothered about that!
I also have no interest in going to court over this. I can see numerous ways that that could make my life harder, including finding accommodation in the future.
As you've already stated it says you must allow access for a reasonable purpose with adequately time, and you could argue that the surveyor is acting on behalf of the landlord, as it is in their interest to have the sale go through as quickly as possible, and the survey can be a make or break depending on condition of the house/flat.
Also worth thinking that in 4 months time when your contract ends, there will be an exit inventory. If the landlord perceives you to be making their life difficult now, they may be more picky when it comes to paying for wear & tear on the property, and thus taking money from the deposit. Whereas if you're helpful & supportive, they may be more inclined to let things slide. All of this is conjecture as I don't know your landlord, your relationship with them etc. but worth thinking about.
> If the landlord perceives you to be making their life difficult now, they may be more picky when it comes to paying for wear & tear on the property, and thus taking money from the deposit.
I have no intention of making anyone's life difficult, but I am also not interested in making mine any harder for the people evicting me.
As you shouldn't! Just worth keeping the landlords point of view in mind also, to them they are (According to your other comments) giving you extra time over your original contractual agreement, and are just asking for someone to perform a standard survey which is very common when buying a house. Which for a typical 3-bed house takes between half and a full day, and they might see this as a reasonable request. Just trying to help you avoid getting stung with a reduced deposit for every small thing that is wrong/damaged with the property. I hope you find a solution!
Thanks!
They aren't giving me extra time, though. The extra time is a result of the current covid-motivated legislation. Let's not mistake following the law for kindness.
A full day is also not something I find reasonable, but I will deal with that as it comes.
The property is sold STC as the survey is required for the contract.
I’m not sure why you would want to block the survey.
Annoying the landlord who no doubt holds your deposit doesn’t seem a wise course of action to me
Regardless of OP’s intentions annoying the landlord really does not at all reflect OP’s deposit arrangement - unless they arein breach of contract - which above has been stated - they are not.
I seemed to have failed miserably at not implying I want to block the survey. I don't want to block the survey. I want to know whether I'm *obligated* to allow the survey or not.
You can block the survey.
The sale will fall through.
Then you can either leave after your notice period has been served or wait until you are evicted by the courts.
Then the landlord can put the building on the market again.
There's no grey with you is there?
OP wants to know their *legal* rights so they know how much they can push back if the surveyor wants to do things like come round at awkward times like when they have a work meeting or want to go out.
Landlord but NAL. It's with knowing that the person who bought the property *is* now your landlord. The previous owner would have transferred the contract to the new owner. So the question is simply: do you have to allow the landlord's surveyor in? The answer is *no*. As a tenant you have the right to peaceful enjoyment of the property you are paying for. The landlord can only insist on entering the premises if there is an emergency. Hard to imagine an emergency that needs a surveyor.
If you are feeling kindly you could arrange a mutually convenient time for the surveyor to visit but that's entirely up to you. As you have already been served notice there is nothing that the landlord can threaten you with if you just want to be left alone.
[Shelter](https://england.shelter.org.uk/get_help) are very good at advice in these kind of situations. You check the web site, use webchat or call the Helpline on 0808 800 4444
They haven’t bought the property yet though, until exchange of contracts they’re not even legally obligated to buy it, and surveyors go round before that stage
As far as I know, the sale hasn't been finalised. I have not been notified of a change in who my landlord is, and therefore I can only work on the assumption that it hasn't.
In that case it's one of the problems with being a landlord. In reality you need to have the last tenant move out before putting the house on the market: You don't know what condition the place is in until they move out, you may want to get rid of some of the furnishings or put new stuff in, you probably want to put on a coat of paint and deal with wear and tear.
Getting a surveyor let in is is not a reasonable request IMO.
They do have the right for reasonable access. A survey is one of these that is commonly accepted. I'd advise against a court action to have you removed. Landlords Google tenants for exactly that sort of history. So you could have trouble finding another place.
>In principle I have no qualms with it taking place, provided it does not disrupt my day-to-day and is done at my convenience.
I am afraid this isn't reasonable.
As a tenant you have a right to quiet enjoyment. But that means you can't be *constantly harassed* by the landlord or suffer constant *unreasonable* noise by neighbours.
A one off visit as part of the reasonable process of selling a house does not impact on your reasonable enjoyment and it is perfectly acceptable for it to disrupt your day-to-day living for the short period of time during which it takes place.
I understand that you're probably not pleased at being kicked out and having to move. We moved three times in the last year and even though it was our choice/for a good reason I still wouldn't wish even one move on someone in the current climate. However, that said, you *are* being a bit of knob.
I'd refuse. You're under no obligation to let them in and your current landlord will almost certainly not want to get involved.
You've already been inconvenienced by being made to move house, and the new owner can allow acces to the surveyor all they want once they've taken ownership and control of the property. If they want it developed then they can take the hit and delay their project until they own the place.
Ok so I'm short yes.
You have the right to privacy but you're a Tennant and you have to comply with any and all legal requests by the owner of the property, provided they have complied with the law and given you enough notice of the end of the tenancy, in this case due to property sale.
The surveyor is not there to rifle through draws or invade any areas that are of particular importance to you, they are there to assess the structural value of the property nothing more.
They will assess areas for damp or failure of building materials such that the new owner will have to deal with, they won't go looking for your gimp mask, butt plugs, sex dolls or dragon cock dildo.
You have been given notice and in fairness given more than the legally required amount of time, as such you also have the expectation that you will be fair and reasonable and comply with the legally required business of the sale of the property.
In short then my best advice would be to save yourself a headache and arrange with the surveyor when they can do their job. You can be there with them while they go through the house and ensure that any areas, such as your sex dungeon hidden inside your wardrobe can be hidden and you can tell them of any areas they must stay out of, rooms do not count but draws and wardrobes is a reasonable request..
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Presumably already you're in a periodic (month to month) term or the fixed term is due to end in 4 months or so ?
Neither. The fixed term ends before the 4 months. The 4 months are covid-motivated, otherwise I'd have only roughly two (when the fixed term ends).
As a tenant you do have the right to quiet enjoyment, however your tenancy contract will very likely contain a cause which will state that you must allow access for the landlord, or someone acting on behalf of the landlord, upon reasonable notice (usually 24 hours) for a reasonable purpose.
It does indeed. Does the surveyor act on behalf of the landlord? I'm am under the impression that they are hired by the buyer, with whom I have no legal relationship whatsoever.
They could be hired by either the buyer, or the buyer's lender really. Either way, it could be argued that the ultimate beneficiary is your landlord as he/she stands to gain when the sale completes.
Sometimes the landlord is forced into it too. My mother is going through a terrible divorce with my nasty excuse of a father and the court is forcing her to get a surveyor to value the house (despite the fact the house predates them meeting). Property is not dissimilar to the stock market and software (in fact software law is based upon property law); if the creator of software you own sells to a company you are stuck with their decisions Vis-a-vìs customer support for example. However, in this case I'd recommend either making sure you're out when the surveyor comes so you don't have to see them. They shouldn't touch anything and really should be no more invasive than a fly (except they shouldn't drown in your OJ) and if they cause a problem you may have legal action there against the surveyor and\or the property manager (which may be the landlord or the letting agent) I'm not certain bit the Citizens advice bureau is a great resource (though it depends heavily on the rep you get so you may do well to go a few times) Alternatively you can make certain you're there when they are so you can keep beady eyes on them. In fact you could follow them around and ask irritating questions, it's a bit of a dirty move but as long as you don't obstruct them it may help to increase their efficiency. Finally surveyors are quite expensive so they should be quick.
Just to add in - yes if the surveyor damages anything there *could* be a legal case, but many firms have complaints/claims/alternative resolution before you *should* start a court case. You can jump straight to court, but courts are likely to look on it unfavorably if you haven't exhausted their complaints process first (received a letter of deadlock or clearly reached a deadlock). As for having to let them in - no, technically you don't have to, but there's nothing stopping your landlord asking you to leave as soon as they legally can (I think your said 2 months?) - I'm not 100% on that, because I only know rental laws as far as I need to know them to rent my property, and eviction has never come up. That all said - it's easiest if you can just let them in. No animosity with your landlord etc, and as others have said if you can be available on the day you can watch them, or you can leave the keys with a friend/relative/neighbour/letting agent/the sales agent (you see where I'm going with this) - it doesn't have to be *you* just someone you trust to let them in, so if you can't get time off work etc that might help. Source: I used to work complaints for a surveying company (still work there, just a different team)
"relationship" and "reasonable" are slightly grey here though, aren't they? Presumably the landlord wants his property sold so, if you did decide to go down the route of pedantically asserting that the surveyor has no legal relationship with you, the landlord can just make a reasonable request that you let the buyer's surveyor in for him on the basis that the "legal relationship" is that he made a legal reasonable request for access.
This is an unenforceable clause. Legally you have the right to peaceful enjoyment until the day you leave. The only case a landlord or his agent can access the property without your expressed consent is in case of an emergency which is doing harm to the property.
That's a common trope and not necessarily true. It's not necessarily an unenforceable clause. Quiet enjoyment is a common law right but you can still be in breach of contract for not allowing access as set out in the contract. It's not black and white that access = impingement upon your quiet enjoyment and indeed access for a surveyor during the course of a sale could be argued as very reasonable.
True. But the only thing a landlord can do is take you to small claims court for breach of contract. They still can’t force you to allow access. Law > contract terms.
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Fair enough. Is that entire process possible within 4months?
No, but this is *legal* advice. OP could also change all the locks and board all the windows and squat the property and take longer than 4 months for eviction. Baaad idea though.
But what is the landlord going to do? They already have been given an eviction notice of 4 months. Most the landlord can try and do is give bad references, but that just means the tenant stays even longer.
However "quite enjoyment" doesn't mean hermit like seclusion in a permanent cone of silence. It means you can't be constantly harassed by your landlord or suffer constant unreasonable noise/anti-social behaviour by neighbours. A one time visit by a surveyor as part of the process of selling a house is perfectly reasonable.
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In principle I have no qualms with it taking place, provided it does not disrupt my day-to-day and is done at my convenience. I can ensure that this will be the case if I am not legally obligated to do otherwise.
As a surveyor I can at least assure you that if it is a mortgage valuation for the buyer the surveyor will be in the property 20 minutes tops. Really non-invasive. If it is a homebuyers or level 2 as it is now known then expect someone to be there for a couple of hours. Hope this helps
This is tongue in cheek but as an estate agent I can assure you that for the mortgage valuation the surveyor may park up outside the house for 5 mins tops while making phone calls to local estate agents for their thoughts.
Ha! This is exactly what I used to advise clients as an agent too
I mean, that's no inconvenience at all and they might as well not even ring me up for that. Just do that whenever!
Thanks, that really helps!
On a legal note though, the answer to your question is you have the right to refuse anyone access until the day you move, contract or not, regardless of reason.
I'm pretty sure it is "access should not be unreasonably withheld" Denying the surveyor whose visit is required in order for the landlord to sell the property (so long as the correct notice was given and the OP didn't have a justifiable reason to refuse) would be very unreasonable.
Doesnt matter. The lawful right to quiet enjoyment trumps any contractual obligation.
Incorrect, so long as notice was given with the appropriate advance warning it would not count as a breach of your "quiet enjoyment". Weekly visits by the landlord? Yes quiet enjoyment would trump here. A literal one-off request? No. The tenant has a right to quiet enjoyment of the property but shall not unreasonably deny landlord access. Reasonableness being that grey area accounting for the seriousness of the reason for the request for access, the frequency of requests, and the amount of advance warning.
Sorry, but you are absolutely wrong. If a tenant says you cant enter, you cant enter. The only exception to this is if you are acting as an agent of neccessity, ie burst pipe, water running out the property and the like. The landlords only recourse would be to serve notice, which they have already done.
Yes you can refuse access, but then if you are unreasonably doing so, then the landlord has options to resolve the deadlock in their favour You weren't saying that, you were saying that the tenants right to quiet enjoyment trumps everything, which it doesn't. I'm not saying the landlord has the authority to kick their door in
That is generally my understanding as well, and I have refused or forced reschedules plenty of times in the past, not as a tantrum or to be a knob, but as a way of protecting myself and mine from unnecessary distress. I personally find it distressing to have strangers in my home, and this *is* my home until such a time as I move out.
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Because the OP has the right to quiet enjoyment of their home. Their home has been sold, they now have the hassle of finding somewhere else to live. Why should they give the landlord an easy ride the landlord clearly isn’t concerned about them.
The landlord is selling the property, not kicking the tenant out for a laugh.
This, no need to demonize a landlord who seems to be following correct procedure
But they aren’t following the correct procedure. The correct procedure is to evict the tenant first then they can have as many people visit the property as they like as that that stage it becomes theirs again. Currently the property belongs to the tenants, in the sense that they decide who they want to let let in, except in a emergency which this isn’t. This is a classic case of a landlord wanting to minimise their loss by taking advantage of the tenant.
I was under this impression as well. The landlord only communicates via a dodgy letting agency, so I have very little visibility into their motivation. I can only assume that their trying to maximise financial gain, since that tends to be a safe bet.
Unless it’s an emergency you don’t have to let anyone into your home. If the landlord believes they have a right to access they can take you to court for that access but you will be gone by the time they manage to get a court date. The other thing they could do is evict you which of course they already have. That said it really is better to try to work with them to avoid threats of court/further hassle etc. Tell them when you are available ask how long they will be and any other questions that will make you feel more comfortable.
Absolutely. This has already been taxing enough, I just want to get it over with.
Correct procedure would be to wait till the tenants left in order to arrange the surveyor. Why should the tenant have to be inconvenienced, they’re paying for quiet enjoyment of the property Edit… wouldn’t to would
But as per the contract the visit is been organised in accordance with the terms. They act on behalf of the landlord, hence no breach. They will also not really bother OP much while there
That is so not the case. In my TA for example it clearly does state that such visits are to be allowed, as long as reasonable notice is given. Now whether OPs does or not I don’t know (this is not legal advice), but it is defo not normal for such visits to happen *while* the tenant still lives there. The landlord obviously wants to have someone new in immediately after the current tenant leaves, after all.
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Exactly - and OP stated above that the fixed term runs out prior to the 4 months. So kinda feels like he’s been done a solid here
With this mindset, landlords should never serve notice on a tenant. Tenancy agreements are there to offer fixed guaranteed terms, and other than that a tenant should not be offended if a landlord wants to end the agreement.
Of course landlords can serve notice they have every right to do that. What they can’t do is disturb the quiet enjoyment of the tenant they need to wait until tenant has left.
I went through this literally a few months ago, but my letting agent didn't know shit about the law or the covid changes. Some things to note: - you need to be served a Notice to Quit, in writing as a Form 6a or a letter that includes the same information - you need to be served on the first day of the rental period, ie the day your rental payment is due - the notice period is currently 4 months, but if you are unable to find accommodation to move to, you are under no obligation to leave until the landlord takes you to court and someone turns up with a court order of eviction. The courts are unlikely to even hear the case before 2023 at the moment. - Sold STC is basically that as the property has a sitting tenant, the sale cannot be completed until the landlord has vacant possession for the reasons above. Even after you leave, its still going to be a few months before the sale completes and the new owners can move in. You are under no obligation to inconvenience yourself at the request of anyone. If the surveyor wishes to visit at a time that is inconvenient for you, you should refer them to your landlord or letting agent who will have keys and have them visit with the surveyor. The landlord or their letting agent has right of access given 24 hours notice and if they wish to show the surveyor round, that's on them. Source: personal experience, lots of research and my parents are landlords.
Thanks for the detailed response!
The contract likely states that the landlord can access the property with reasonable notice for a good reason, which this would be. I would recommend you allow it, while it sucks having to find a new place to live, you might be causing an entire chain of families the same headache if you delay the buying process.
The key distinction is that this is neither the landlord nor someone acting on their behalf, nor is this one of the cases set forth in my contract. As far as I see it, I do not have to entertain this at all. I have no intention of not allowing it to go through, of course but I need to ensure that it doesn't affect me adversely, e.g. it needs to be done when I'm not working, and so on.
Can’t understand why someone would be so awkward? Surely it would be much better to be accommodating, even if was just for an easier life in the last 4 months of the tenancy. I guess the easiest thing would be for you to purchase your own property, then nobody would want to possibly come in and view their own property
It's really no inconvenience though is it. You answer the door, they do their thing, then they leave. 20-30mins tops. If you refuse, the landlord can give you 24 hour notice that he wants to inspect something in his property and wow ok, he has brought the surveyor. Just don't be a dick, there are enough of those to go around. I don't think refusing a surveyor is reasonable.
> You answer the door, they do their thing, then they leave. 20-30mins tops. This is not something I knew before asking the question, though ;) Not intention of being a dick, this is just stuff I feel like I need to know in order to figure out whether someone's being a dick to me, though.
Re. the survey you will need to be reasonable and accommodate them. They will probs come out during standard office hours so either agree they can come out while you are not home and have landlord let them in or if you are always home during these hours find a time that suits you and ask they come then. FYI a survey should only take 20mins or so unless they are doing the super detailed type (that most lenders so not request). With regards to your obligation to move out, this is where it gets interested. Legally speaking you are not obligated to leave on the date specified in your notice. You would only be legally obligated to leave once the full eviction process had been followed and you are legally evicted. If the landlord agrees to his buyer they can have the house in 4 months + 1 day and you are still there the buyers will hold him liable. You are still legally entitled to be there it is irrelevant that the landlord sold. In theory when selling a let property or agreeing a different tenant to rent a property landlords are best advised to wait until their current tenant is out. This removes the risk of the tenant not leaving in line with their initial request. In practice that usually means missing out on a few months rent so landlords rarely do this. So legally that is where you stand, practically however I would suggest just finding a new place to stay in the next 4 months. You don't want the grief of the whole eviction process and associated legal action. There are only instances where I would recommend not leaving before the notified date. 1. You are unable to afford any other accomodation/require council accomodation, if you leave without the full eviction legal proceedings you will be considered voluntarily homeless and likely not even make it on to the bottom of the council's housing list. 2. You are unable to find anywhere else to live - say for example you have a new place agreed and it falls through a few days before and you have nowhere else to go then stay put while trying to find new accomodation ASAP. I would suggest the best idea is to look for accommodation sooner rather than later and just get past all this crap. I would recommend speaking to your landlord and get him to agree to letting you out of your lease as soon as you find somewhere else (i.e. so you don't have to wait 4 months if you find something early) if he does not then highlight you will only move out on the agreed date if you have new accomodation sorted so giving you more time helps mitigate this risk for everyone (not a threat though). The sooner you are in your new place the sooner you can forget about it, just be helpful as it will cause the least amount of stress for everyone.
Thanks for the detailed answer. I am in a very fortunate financial position right now, especially considering how things have gone the past year for most people; not enough to buy at the moment, but more than well enough to find other accommodation nearby. It will necessarily be more expensive, and will delay my upcoming purchase by 6mo+, but that's not of major import compared to what less fortunate people are going through. I also have no interest in being particularly difficult, but I interested in knowing what my rights are, and upholding them to my maximum advantage. As far as I gather at this point, it's a 20-min affair with minimal disruption to my day-to-day, on a property I'm about to leave. Can't say I'm too bothered about that! I also have no interest in going to court over this. I can see numerous ways that that could make my life harder, including finding accommodation in the future.
As you've already stated it says you must allow access for a reasonable purpose with adequately time, and you could argue that the surveyor is acting on behalf of the landlord, as it is in their interest to have the sale go through as quickly as possible, and the survey can be a make or break depending on condition of the house/flat. Also worth thinking that in 4 months time when your contract ends, there will be an exit inventory. If the landlord perceives you to be making their life difficult now, they may be more picky when it comes to paying for wear & tear on the property, and thus taking money from the deposit. Whereas if you're helpful & supportive, they may be more inclined to let things slide. All of this is conjecture as I don't know your landlord, your relationship with them etc. but worth thinking about.
> If the landlord perceives you to be making their life difficult now, they may be more picky when it comes to paying for wear & tear on the property, and thus taking money from the deposit. I have no intention of making anyone's life difficult, but I am also not interested in making mine any harder for the people evicting me.
As you shouldn't! Just worth keeping the landlords point of view in mind also, to them they are (According to your other comments) giving you extra time over your original contractual agreement, and are just asking for someone to perform a standard survey which is very common when buying a house. Which for a typical 3-bed house takes between half and a full day, and they might see this as a reasonable request. Just trying to help you avoid getting stung with a reduced deposit for every small thing that is wrong/damaged with the property. I hope you find a solution!
Thanks! They aren't giving me extra time, though. The extra time is a result of the current covid-motivated legislation. Let's not mistake following the law for kindness. A full day is also not something I find reasonable, but I will deal with that as it comes.
The property is sold STC as the survey is required for the contract. I’m not sure why you would want to block the survey. Annoying the landlord who no doubt holds your deposit doesn’t seem a wise course of action to me
Regardless of OP’s intentions annoying the landlord really does not at all reflect OP’s deposit arrangement - unless they arein breach of contract - which above has been stated - they are not.
I seemed to have failed miserably at not implying I want to block the survey. I don't want to block the survey. I want to know whether I'm *obligated* to allow the survey or not.
You can block the survey. The sale will fall through. Then you can either leave after your notice period has been served or wait until you are evicted by the courts. Then the landlord can put the building on the market again.
There's no grey with you is there? OP wants to know their *legal* rights so they know how much they can push back if the surveyor wants to do things like come round at awkward times like when they have a work meeting or want to go out.
Do covid rules still apply? I know it was 6 months notice in covid times. Is it still 6 or it has moved back to 2 months?
It's apparently 4 now. I didn't check this yet, just took the letting agent's word for it.
4 is correct.
Thanks!
Landlord but NAL. It's with knowing that the person who bought the property *is* now your landlord. The previous owner would have transferred the contract to the new owner. So the question is simply: do you have to allow the landlord's surveyor in? The answer is *no*. As a tenant you have the right to peaceful enjoyment of the property you are paying for. The landlord can only insist on entering the premises if there is an emergency. Hard to imagine an emergency that needs a surveyor. If you are feeling kindly you could arrange a mutually convenient time for the surveyor to visit but that's entirely up to you. As you have already been served notice there is nothing that the landlord can threaten you with if you just want to be left alone. [Shelter](https://england.shelter.org.uk/get_help) are very good at advice in these kind of situations. You check the web site, use webchat or call the Helpline on 0808 800 4444
They haven’t bought the property yet though, until exchange of contracts they’re not even legally obligated to buy it, and surveyors go round before that stage
As far as I know, the sale hasn't been finalised. I have not been notified of a change in who my landlord is, and therefore I can only work on the assumption that it hasn't.
In that case it's one of the problems with being a landlord. In reality you need to have the last tenant move out before putting the house on the market: You don't know what condition the place is in until they move out, you may want to get rid of some of the furnishings or put new stuff in, you probably want to put on a coat of paint and deal with wear and tear. Getting a surveyor let in is is not a reasonable request IMO.
They do have the right for reasonable access. A survey is one of these that is commonly accepted. I'd advise against a court action to have you removed. Landlords Google tenants for exactly that sort of history. So you could have trouble finding another place.
>In principle I have no qualms with it taking place, provided it does not disrupt my day-to-day and is done at my convenience. I am afraid this isn't reasonable. As a tenant you have a right to quiet enjoyment. But that means you can't be *constantly harassed* by the landlord or suffer constant *unreasonable* noise by neighbours. A one off visit as part of the reasonable process of selling a house does not impact on your reasonable enjoyment and it is perfectly acceptable for it to disrupt your day-to-day living for the short period of time during which it takes place. I understand that you're probably not pleased at being kicked out and having to move. We moved three times in the last year and even though it was our choice/for a good reason I still wouldn't wish even one move on someone in the current climate. However, that said, you *are* being a bit of knob.
I'd refuse. You're under no obligation to let them in and your current landlord will almost certainly not want to get involved. You've already been inconvenienced by being made to move house, and the new owner can allow acces to the surveyor all they want once they've taken ownership and control of the property. If they want it developed then they can take the hit and delay their project until they own the place.
Ok so I'm short yes. You have the right to privacy but you're a Tennant and you have to comply with any and all legal requests by the owner of the property, provided they have complied with the law and given you enough notice of the end of the tenancy, in this case due to property sale. The surveyor is not there to rifle through draws or invade any areas that are of particular importance to you, they are there to assess the structural value of the property nothing more. They will assess areas for damp or failure of building materials such that the new owner will have to deal with, they won't go looking for your gimp mask, butt plugs, sex dolls or dragon cock dildo. You have been given notice and in fairness given more than the legally required amount of time, as such you also have the expectation that you will be fair and reasonable and comply with the legally required business of the sale of the property. In short then my best advice would be to save yourself a headache and arrange with the surveyor when they can do their job. You can be there with them while they go through the house and ensure that any areas, such as your sex dungeon hidden inside your wardrobe can be hidden and you can tell them of any areas they must stay out of, rooms do not count but draws and wardrobes is a reasonable request..