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pilotwolf
2nd May 2005, 17:38
The landlord has decided to sell PW towers from under our paws so now on 2 months notice :(

Now the question... do I have to tell the estate agent the problems living here or is that the landlord/vendors responsibility?

The main problem is one set of neighbours and a couple of small plumbing problems! Landlord used to live here and denies any problem with the same neighbour but admits to problems with another, who has been fine!

Now I know if I was selling I am (?)legally obliged to declare any problems but will there be any come back if I keep quiet?

PW

PS Anyone fancy lending me the 24k deposit on the new kennel?.

Astrodome
2nd May 2005, 17:44
My experiences in a similar situation is that the owner or the estate agent will handle the viewings.

It is an unwise practice to let a tenant show a prospective purchaser around for a variety of obvious reasons.

Legally as you have no interest in the property and are not a party to the Contract then you have no liability in respect of Conveyancing law.

Morally it would be the correct thing to do to answer honestly and truthfully if you are asked, remember one day YOU may be that potential buyer.


Hope this helps.

pilotwolf
2nd May 2005, 18:07
Yes the estate agent will be there for the viewing but having seen the disregard for privacy and security of possesions that the agents have demonstrated when I ve viewed I intend to be present too.

But I was thinking mainly if asked directly how I should answer... for that exact reason!

PW

Safeware
2nd May 2005, 18:31
PW,

When we were looking for a house, one was a rental being sold. Estate agents told me that although house was on market, there would be no vieiwngs for 2 weeks until the tenant had moved out. This was at the insistence of the tenant. If you are bothered about your stuff, maybe you should try the same.

sw

419
2nd May 2005, 18:47
PW,
I was asked to look into this situation a while ago (for a friend who wasn't internet savvy)

From what I could gather, Safeware is spot on. Your landlord does have right of access to his property to carry out an inspection, as long as he gives you reasonable notice, but, he can-not allow anyone else into the property without your permission. (except in the case of workers to carry out essential maintenance or repairs).

I'm sure one of the more legally minded people here will be able to clarify your position.

Onan the Clumsy
2nd May 2005, 19:08
it would be the correct thing to do to answer honestly and truthful Except that what you say about the neighbours is merely opinion...bordering on slander :ok: (...or is it libel :( )

not to mention heresay m'lud.

Astrodome
2nd May 2005, 19:11
Only if it breaks the law of slander (verbal)

pilotwolf
2nd May 2005, 19:37
Except that what you say about the neighbours is merely opinion...bordering on slander (...or is it libel )

Yeah, but along with the logs of problem and police statements made!

Could make a fuss about viewing but if I can't secure the finance for the purchase I might need them as referees for new landlords.

PW

Astrodome
2nd May 2005, 19:50
You will need them as references for the mortgage. Did you realise?

pilotwolf
2nd May 2005, 19:55
Why Astrodome, what for?

Been asked for ID and proof of residence - bills and passport, something to do with preventing money laundering.

PW

PilotsPal
3rd May 2005, 09:17
Estate agents are useless at dealing with sneaky people intent on using "viewings" as a means of checking-out potential burglary targets or lifting whatever they can at the time. False name and address to the agent, and the favourite scam is for the woman to say she just wanted to have another quick look upstairs or use the bathroom while her companion keeps the agent talking about other aspects downstairs.

As a tenant, I would be very reluctant indeed to allow access to the landlord's agent for the purpose of viewings. As a potential purchaser, I would much rather inspect an empty property if at all possible.

gingernut
3rd May 2005, 09:27
Pilotwolf, I'm not a property lawyer, but I guess the legal test would hinge on whether you've made any formal complaint against your neighbours.

Any decent lawyer acting on behalf of the prospective purchasers, should ask you this question.

Failure to disclose, will, I'm afraid, catch you up in the end.

airborne_artist
3rd May 2005, 09:51
Any decent lawyer acting on behalf of the prospective purchasers, should ask you this question.

Gingernut

PW is just the tenant - so he/she won't get any contact with the purchasers' solicitor.

PW - been in the same situation myself - I'd just keep quiet - it's not your house = it's not your problem = caveat emptor!

gingernut
3rd May 2005, 11:34
Apologies, misread the original post.

7006 fan
3rd May 2005, 18:44
From a legal standpoint, it all depends upon what is contained in the Tenancy Agreement. Usually a clause allows viewings for the purpose of re-letting -should the tenant give notice, if the agreement contains no such clause, relating to the sale (I assume LL has issued you with a Notice to Quit -assumed as there is 2 months notice) then 'legally' no no-one has access to view. BUT a reference from said LL is usually mandatory where mortgage lending is concerned, so one needs to tread carefully (bearing in mind landlords can be defaminous as well!:( )
Other things to worry about are the 'schedule of dilapidation', oft used by LL where no in-going inventory has been drawn up. LL issues a claim for loads and with-holds deposit, hope there is an ingoing schedule/inventory. If the Agent is ARLA/NAEA/RICS bonded, one should be OK:confused:.
One alternative is to show willing for viewings but only when in-situ, then no-one can say you are being awkward, the accommodation is for your exclusive use and you have rights, if LL enters without permission then they have removed your right to 'Quiet (Peaceful) Enjoyment, the nice way of saying "they are harassing you"!!! .
But this is a lengthy process as well, best stick to accommpanied by Tenant viewings only

Best of luck

PS 24k would give you 30% down on a 2/3 bed up here!!! (Sorry)
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;)