When Property Is Rented While Up For Sale

Some tenants find that they are living in property that is simultaneously up for sale. In these instances tenants are entitled to the same notice of intention to enter as in any other circumstances. Estate agents are still bound to offer tenants in buildings they are trying to sell a right of ‘quiet enjoyment’ and need to write to tenants, giving at least 24 hours’ notice that they will be arriving with a potential purchaser for a property viewing.

Using Your Charms

Some of the most useful advice that this author can give about problem-solving during tenancies is to develop the best working relationship you can with your landlord or agent. This industry is bedevilled by the conflicting histories of Rachman versus the Tenant from Hell, and if you’re too young to know who Rachman was, he’s now in the Oxford Dictionary, look him up. Interesting guy.

All too often, either landlord or tenant have had previous serious problems which prejudice their views of one another. The landlord who seems to have rule after rule may have had a previous very bad experience. There are awful tenants as well as awful landlords. Landlords do see their fair share of irresponsible conduct, and can get very frustrated dealing with the irresponsibility of this tiny minority.

So wherever possible aim to be on decent, working terms with whoever is managing your property. Tenants renting property through agents can, in many ways, have a quite different set of problems to tenants dealing directly with their own landlord. Agencies act as ‘brokers’ between landlords and tenants, drawing money for their role as go-between. Although this sometimes works well, too often tenants find it is used as an excuse for failure to manage the property well. ‘We still haven’t heard back from the landlord’ is not much consolation if you’re waiting for an essential repair. It can however work equally badly for the unsuspecting landlord sometimes.

Subletting

Most assured shorthold leases specifically exclude subletting without consent. This is considered as quite a serious breach of terms by most landlords. If you want a partner to move in, most landlords or agents will not object, so long as the partner’s name is put on the lease and normal checks stack up. However, expect this situation to become much tighter as new safety legislation (April 2007) requires many landlords with more than two tenants to be licensed; a costly and bureaucratic process that many landlords with smaller units will quite reasonably seek to avoid.

Rental Payments

You must pay your rent on time, and in the manner agreed with your landlord. Landlords and agents are running businesses and the sole reason that you live in their properties is for the money that you generate. Excuses, late payments and insufficient payments are simply unacceptable.

There may in some instances be a genuine reason (as opposed to a lame excuse) why your rent will not be available. If this happens, get on the phone and discuss it immediately with whoever manages your property. It is silly and irresponsible to not say anything, to go out when the collection is due, or just to not have sufficient funds to cover that direct debit. Rubber cheques are particularly unpopular with owners/agents.

Nor do you have the right (except in some very rare cases for which you would need serious legal advice) to withhold payments because, in your opinion, the landlord or agent haven’t fulfilled some obligation. The matters are separate, and need to be dealt with separately. If you have a case (fair or otherwise) against your landlord, you cannot deduct your own opinion of its value from rent. Indeed, rent comes before all other considerations. Before Friday night’s blowout. Or the phone bill. Rent keeps the roof over your head. After all, 20 Benson & Hedges will only keep your fingers warm, and not even that much if it’s raining.

The Consequences Of Regularly Late Rent

A legal ground for your landlord to use for possession is that you have been persistently late paying your rent. Proof of current arrears is not always required. The payment record itself can be considered if you really irritate your landlord enough that he heads for court.

If they don’t know where to get one, buy one yourself from any large stationers.

If you pay by cash, ask for and save all receipts as proof of payment. Always ask when your tenancy is starting and, if the rent is to be collected, by whom. Tenants renting low cost weekly rent ‘in cash please’ are most vulnerable to shenanigans. Be certain that you don’t pay one person, not get a receipt, and then find that another, quite different person calls later, still expecting to be paid.