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House sale - regulated tenant and sale sign

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549 views 5 replies latest reply: 04 May 2015
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Tenant

My dad has a regulated tenancy in a property that would sit well in Syria – no/shoddy repairs, no Gas certificate in 30 years, old wiring, etc

Don’t ask: He won’t move; all his memories are there…

So after trying to scare dad into leaving the house last year, and trying to dictate to social services that the outcome of dad’s release from hospital should be into a care home and not back into the house, the Slumlord has been trying to sell up for 12 months. We’ve allowed every viewing, even when he turned up on spec. with two of his henchm…, sorry,  viewers, under the premise of seeing how dad was doing after coming out of hospital…

Slumdog wasn’t expecting to find me at the house at the time!

Anyway, there has been lots of interest, and the agent has been filtering them before they got to the property to make sure dad wasn’t too inconvenienced. But now Slumbdog wants to put a ‘For Sale’ sign up out the front of the house and I’m concerned that all and sundry will be knocking on the door at all hours asking how much the house is up for.

 I firmly suspect the erection of the board has been done to cause dad distress in retaliation, as I shopped Slumdog to the HSE for the missing gas safety certificate. I know they’ve contacted him because he sent his ‘man’ round to do an inspection; though how you can pass a cooker as safe without even turning the burner on is beyond me…, but hey. Still waiting to see dad’s copy of the certificate…

I would argue that Slumdog has asked for the board to be put up with the specific intent of causing nuisance, because passersby will see the board and assume dad is the seller, and so knock the door. Most callers won’t be interested once they know a sitting tenant is at the property; so I honestly believe this is the sole reason for the board going up: to incite people to knock the door and stress my dad out.

He’s 82, and has limited mobility so needs carers in twice a day to help him. Slumlord knows this, and I believe the whole thing is premeditated to cause dad more upset and inconvenience.

My question is: how do we stand on the Quite Enjoyment clause?  If dad does get lots of cold callers can we demand the sign come down? We’ve played ball by not blocking any viewings, but the matter has to be handled respectfully from my dad’s side too, and this sign isn’t respectful…

I’m sure I was told last year that we can refuse to have any more viewings if it impedes dad’s peaceful enjoyment of the house (though it would impact on relations between him and the landlord). Apparently the agent has to take photos to show instead.

Regards

Debbie

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Administrator

 Hi Debbie

Does the tenancy agreement allow for a for sale sign to be put up? Normally if it doesn’t then the landlord is in breach of the tenancy by doing it.

With respect to quiet enjoyment, yes from what I have read it could well interfere with quiet enjoyment. That and many of the other things the landlord seems to be doing. The problem with quiet enjoyment is enforcing it – most landlords laugh in the face of it because you would need to take a landlord to court to get any action on it. However, if you have proof of the landlord’s actions then you could try taking him to court to obtain an injuction to stop it happening and to try for damages.

You could also consider harassment.

Alex

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Tenant

Hi Alex,

Thanks for responding. As this goes back 30 years, there is no signed agreement. Dad took the tenancy on a verbal, which has now been underwritten by the regulated tenancy laws, due to the tenancy being operational prior to 1989.

I wonder how the law sits regarding the issue in relation to what is implied through the regulated tenancy laws? It does seem this type of tenancy gives way more support to the tenant than the landlord…

I’d love to know, if taken in the absence of any written agreement, if the bias falls on the side of the tenant? If the regulatory laws imply a board would be deemed objectionable if not previously and expressly authorised as acceptable by the tenant within a signed agreement?

regards,

Debbie

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Tenant

Sorry, I don’t know why underwritten is underscored…

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Administrator

Hi Debbie

I think you’ll need to speak to a lawyer/housing specialist about this as these are quite detailed and legislation specific questions that you’re unlikely to find an answer to on here. There is some info on regulated tenancies from Shelter that also includes links to organisations that can help with additional questions and you could also try a law centre as they deal with housing issues and are usually free. There’s also Citizen’s Advice.

Alex

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Tenant

Okay, thanks, AP.

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