Landlord has put house on market

[hine moa]

 

I have rented my property for 9 years, good tenant, paid rent on time every month.

I originally signed up to the house via an agent who credit checked me and did all 'setting up' paperwork. They suggested I applied for a deposit bond from my local council and helped me fill in the paperwork etc and I was awarded this bond - something I'm now struggling to find information on.

 

I am a carer for my 25 year old son, diagnosed with autism and I am currently trying to get him looked into again as what he has is more cerebal palsy like than autism, but that's another issue. He is in receipt of PIP and ESA and unable to work. I am in receipt of carers allowance and income support. My 11 year old son also lives with us, he is diagnosed with autism too and starts secondary school this September so is a ball of anxiety and fear right now and is worried with the house issues he won't be able to attend his chosen school.  I am a victim of domestic abuse too and come with my own issues of depression and worries of still living in the same area as my abusive ex who is still behaving and talking about me threateningly - I left him in 2005!

 

My landlord got a grant around three years ago with the help of benefits I receive to put a new boiler in the property.

 

Around this same time period the landlord asked me if I would pay the deposit to him as the bit of paper he had in lieu of the deposit wasn't worth the paper it was written on. I didn't have the money and I said no,' sorry I can't afford that sort of money'.

 

A couple of years ago the landlord sent in someone to value the house, it wasn't an estate agent but I did worry at the time it might have been and it did cause to me to ask if he was thinking of selling the place and he said no it was because they were re-mortgaging.

 

A couple of years ago an electrician came in and checked all the electrics, I've never seen the paperwork but I do understand that the whole place needs re-wiring and indeed I am used to now and again the trip switch flicking off for no known reason. He replaced the two electrical boards I have in the house with metal boxes but no other wiring was carried out.

 

At the beginning of August I received an email that stated they wanted three agents to enter the house and value it as they were undertaking a check on all their properties to see where they stood and what everything they had was worth. I don't believe they were checking all their properties, just mine.  I asked via email if they were planning on selling the place and was told 'no' in one sentence and then 'maybe not immediately' in another, all in the same email.   On the day of the four estate agents looking through the house I stood outside my house with the landlady for two hours and verbally asked her if they were selling and said I can start looking for elsewhere if I know what is happening. I told her that I bid on the home choice register every week that there is something that I am eligible for but am currently up at around number 90 on the list. She told me 'no we are just assessing all the houses we have and what they are all worth'.

 

The estate agents came on a Wednesday and by the next Tuesday I had an email to say they were putting the property up for sale and I was to remove some things belonging to my daughter and my sister that I was temporarily storing for them and I was to make sure there could be some 'nice' uncluttered photos to help market it. They wanted the property ready to be photographed by a certain date but I had a pre booked week holiday with my 11 year old son in London so I explained I was unable to meet that deadline. I did contemplate cancelling our holiday but family talked me out of it. On my return I sorted out removing the items I was storing and three days later the property was photographed, there were also four lots of viewers that came through on that day too. I explained at length that they couldn't have picked a worse time and it was a shame there couldn't have been a discussion as I face the busiest August, September and October I will ever have known due to things being booked pre lockdown having been moved on each year to allow us to travel when COVID restrictions were lifted.

 

I turned 50 in lockdown and a present from family was to see a band of my choice once lockdown ended and things were back to normal. I chose Coldplay and spent three days away last week to see them live, this again was booked before I had any idea my landlord was going to sell.  Whilst I was away, I had a voicemail asking if there could be a viewing on the Tuesday after the bank holiday at 4pm. I called the estate agent the next day to let them know that I could only do Tuesday morning as I had a zoom call with a dietician at 3pm to discuss getting a diagnosis for an eating disorder my youngest child is currently battling with and it's very worrying for myself and his Dad. I didn't feel I'd be emotionally able to cope with strangers traipsing through after that call so thought I had been perfectly reasonable by offering the morning instead.

 

It turns out that the estate agent I spoke to didn't pass on the fact I had offered Tuesday morning to the woman dealing with my sale, as she rang me gone 11 am annoyed and asking if I was denying the visit at 4pm, so said yes and again explained it was because I had a medical zoom call that afternoon regarding my son that we'd been on a waiting list for four months. I explained that I had told whoever answered the phone on Friday all those details but it seems he didn't take notes to pass on the info!  As an aside to all of that happening, a close friend was sat in the local hospital having been called back in from the day before after something worrying had shown up on a brain scan,  the local hospital were waiting to hear from a bigger hospital two hours away, my mind was on what was going to happen next and whether I needed to organise a hospital bag and whether I needed to get myself to the hospital to be with my friend. I hastily agreed I could probably do Thursday or Friday at a guess given what was unfolding at the time.

 

Estate agent rang again on Thursday and I agreed for a viewing on Friday at 4pm. I reminded her then that as per my original conversation with her colleague back in August that I was away from Monday 5th September until the 13th for a pre booked holiday with my siblings. This is a holiday that should have taken place in 2020 and has been moved three times since then because of Covid. She sounded miffed and annoyed, I also asked why it was that the listing for the property doesn't mention it has a tenant in it and she snapped at me that they don't have to declare that. I just stated oh ok, it just seems counter productive to me and I hope I don't get people banging on the door thinking they are talking to the owner. She went on at length about how she is answerable to Mr ******* and they do what he tells them to do.

 

The estate agent rang again on Thursday afternoon and asked for a viewing on Saturday morning and I said I was sorry but it wasn't possible, and I explained why. I go away on Monday first thing, my whole Sunday is spent with my Mother, she turns 90 and there is a big lunchtime family get together in celebration for her. Saturday is my only day to sort the house out to leave ready for my son and ready for the carers coming in and out, do the food shopping of ready meals for him which we then draw up lists and mark up what day he will eat each meal etc. I then need to hand over my youngest son to his Dad along with his school uniform, school bag, PE bag all organised for his return to school on Tuesday. At some point I need to pack.  I sadly cannot just walk out the door, passport in hand and I feel stressed enough without having another viewing to prepare the boys for.

 

The Friday viewing happened, the people that came in looked awfully uncomfortable to the point I felt sorry for them!! They apologised profusely for inconveniencing me by looking around and asked me how long I had lived here then apologised again. I don't know for sure but can only assume they had only just been told there was a tenant. Prior to that the estate agent came in and put her head round the living room and said 'How many have you got in here today?'  I was taken aback, it was myself and my two sons who happen to live in the house just like the last time! What did she mean by that?

 

Meanwhile the landlord got the wrong end of the stick and thinks that as I am away they can access the property whilst it's empty. How wonderful that would be and so much easier for me to cope with if it were true but my eldest rarely leaves home for an hour let alone a holiday as much as I try to get him out the door! But the fact is my oldest son will be here with family and friends acting as his carers calling in to make sure he is ok everyday, they are on hand to stay with him in the house if they feel he's not coping. This is what happens every time I get any respite breaks from caring and it takes a lot of organising and sorting so much effort goes into all the things that need putting into place for me to go away I often wonder if the bits of respite I actually get are really worth it. So I've let the landlord know that it will be just my son and carers here.  I've not yet answered his email where he states that the estate agents 'ought' to be allowed access throughout next week and that my son and carers should allow it. He is making no allowances for the vulnerability of my children of which he has known about all throughout my being here. To the point he has asked what I thought the school meant when they were raising issues with him about his son and daughter, and I do recall his poo pooing the points the school were making and him saying it was all nonsense.

 

 

In their first email informing me of the house going on the market they stated they needed to sell because the mortgage was due for renewal in December and they wanted it off their hands by then. They said it might sell, it might not sell, it might go to another landlord and you can stay. They also said they had a loan than needed paying off the beginning of next year and thats why they were selling.  Then a couple of weeks later they tell me that the electrics all need replacing and I would need to leave for that to be done and they haven't the money to do it.  But they also mention how I might still be able to stay anyway but then they'd have to somehow sort the electrics!  I no longer know what the truth is, but just can't understand why they haven't officially just told me to leave and given me the chance to save us all from this stress. They had to know this was all looming earlier this year and no doubt sooner.

 

I am trying to work with the estate agents, whilst protecting my children and still living my daily life but I can see they are trying to make me seem unreasonable and wonder if they might be trying to provoke me somehow.

I live with a very real fear that my ex husband could book a viewing and just walk into my safe space just to cause further torture to me.  It's very hard to find out what my actual rights are, it seems I am just at the mercy of the estate agent and the landlord. I am still paying my rent and will continue to do that no matter what.

 

 

 

 

 

 

 

[stu007]

Hi

 

Have a wee look at this link:

 

Tenant rights during a property sale | The Tenants' Voice

WWW.THETENANTSVOICE.CO.UK

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Worried about your landlord wanting to sell the property when you are still living in it? Read on to know what the tenants' rights are in such cases.

 

As for the viewings you need to be given 24hrs notice and you actually do not have to accept this date and time of a viewing if it is not acceptable to you due to your children's medical condition and another date and time that is more convenient to you not them should be arranged.

 

You do not have to leave your property during any of these viewings but due to COVID-19 although the restriction have now been lifted and that this virus is still present in the UK you can insist to protect your children and yourself that anyone coming into view your property must wear a face mask and loves (this virus has not suddenly went away).

 

You have the right to insist on this if they want viewings to take place as stated above.

 

If the Landlord is selling the Property then they should be informing the prospective buyer that there is a tenant renting the property as the new landlord would need to be aware of this and all your Right contained within your present Tenancy Agreement still stand and simply transfer to the new Landlord.

 

What you need to be aware of and I think you are is the Landlord may go down the Eviction route during selling there property so you need to be aware of the process and your right so look at these links:

 

Private renting for tenants: evictions: Rules your landlord must follow - GOV.UK

WWW.GOV.UK

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Landlords need to follow certain procedures when evicting tenants - find out about eviction notices, harassment and illegal evictions, and going to court

 

Eviction notices from private landlords - Shelter England

ENGLAND.SHELTER.ORG.UK

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Being given notice by your landlord is the start of eviction proceedings. Most tenants are entitled to be given written notice, but not all

 

I note you say you are on the common register and have bid for a property but make sure within your area to lookup every single Housing Association/Trust/Council Housing and get and application form to apply for housing as this means that at least you will be on there housing register list. (make sure if you move to update each one with your new address details)

 

Please name this Estate Agency?

 

[hine moa]

Thank you Stu. 

 

The estate agent is Miller Countrywide. 

 

I am aware he may well issue an eviction notice. The part we all three are struggling with most is the people coming in and walking round our home and having this onus placed on us that we should be presenting our home in a certain way to aid their sale.

 

I am lucky that I have a supportive family around me and am currently looking into finding another private rent. I am on lists with sympathetic letting agents and have been assured that the situation is easing in my area.

[unclebulgaria67]

Perhaps the agent and Landlord could help you find another property to rent ?

 

Explain the situation and distress this is causing.

 

I am sure that both agent and landlord would prefer if the house was empty, so perhaps there is a mutual benefit for all work together on this.

[hine moa]

I have explained about the distress it is causing all three of us to both landlord and agent I also explained all the things that are happening pre booked and how my son cannot cope with strangers in the house when I am there, let alone when I am not.

I also originally asked the landlord why they'd denied the fact to me that they might think about selling up on three occasions when they knew it was going to possibly happen. Each time I said to them, I'd rather know, so I can get us out and into another rent without putting us all through the stress.  So they have been aware for the last three years that I would far rather move out and let them get on with selling the property. Having worked part time in an estate agency I know how difficult selling a property with a tenant in it can be.

I am registered with their estate agent's letting department, I did that the day the estate agent rang me to organise the first viewing.

I think the other issue is the electrics, for me I cannot stay in this property whether it sells or not, it needs to be gutted to be rewired. I'm disappointed that they couldn't have just spoken to me of their intentions and we could have come to some agreement of say three or four months to see if I could find another home for us before he needed to take any action at all.