For Sale signage

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    For Sale signage

    Hello!
    Hope you don't mind me posting in LLZone, but I'm a bit lost for advice.. I hope you can help.
    I'm a tenant renting in Birmingham and have recently signed a 12month tenancy agreement (fixed term) from the 1st April 09 till the 31st of March 2010.
    I'm a bit confused because this morning I heard a hammering outside our house and was confronted by a guy malleting a For Sale sign into our front patch.
    After contacting our LL he stated that "I am getting the Sale board back, but in the unlikely event of sale in the near future, we have an empty house that you could move into if you wanted."
    Now I'm not too fussed about moving out in the event of a sale but the other folks in the house are up in arms especially with the 'For Sale' board, they really don't want it there and I must admit it is ghastly and totally blocking our view from the only ground floor window (its a very small front yard).
    My questions are:
    i) Is it legal for our LL to place the sign there without consulting us first and at the beginning of the tenancy period?
    ii) If it is legal then is there anything we can do which may persuade him to remove the signage (he can keep the house on the market I guess).
    iia) After searching thru your database I have found the term 'Quiet Enjoyment" to be associated with my current predicament. Would it make a difference if I was to consult the CAB using this term as a means of justifying removal of signage?

    Again sorry for posting in a Landlords forum but I don't know who else to ask!
    thanks in advance!
    ZT

    #2
    The landlord cannot put up a "For Sale" board unless the tenancy agreement allows it. Even then, he must ask for permission to go on the property to affix it.

    If putting up a board is allowed, it must not interfere with your enjoyment of the property.

    Comment


      #3
      OP, depending on your tenancy agreement and what it allows your landlord to do with respect to the sign board, ask him to remove it or you will remove yourselves from the property.

      Let us know what his reaction is. He will probably say that you cannot terminate your contract before the term is over. Then you know how to counter act that with.

      Good luck.
      Kikuyu

      Comment


        #4
        It would be an empty threat. The T's breach of contract would be a far more serious breach than the LL's putting up a For Sale sign, which, I agree is an irritation, but it is not sensible to overeact. LL will know this and laugh at their threat.

        OP, just talk to your LL and ask him to have the board fixed to side of the property where it doesn't block your view out of the window.

        If all else fails, have a quiet word with a local hooligan.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          thanks for your replies!

          Originally posted by Lawcruncher View Post
          The landlord cannot put up a "For Sale" board unless the tenancy agreement allows it. Even then, he must ask for permission to go on the property to affix it.

          If putting up a board is allowed, it must not interfere with your enjoyment of the property.
          So basically, if it isn't mentioned on the Tenancy Agreement (that the LL can put up For Sale signs during the period of tenancy) then its illegal?

          Originally posted by mind the gap View Post
          It would be an empty threat. The T's breach of contract would be a far more serious breach than the LL's putting up a For Sale sign, which, I agree is an irritation, but it is not sensible to overeact. LL will know this and laugh at their threat.

          OP, just talk to your LL and ask him to have the board fixed to side of the property where it doesn't block your view out of the window.

          If all else fails, have a quiet word with a local hooligan.
          I think I may be more confused than I thought, in what way would I be in "breach" of the contract? (I'm sorry I didn't understand that part ~ i like the last part tho!!)
          Oh and we live right on the bend of a road and that's the apparent reason the sign has to face front and not on the side..)

          Comment


            #6
            Kikuyu and mind the gap mean if you up sticks before the end of the tenancy without the landlord's consent, that is a breach.

            If you read through this forum you will discover tenants talking about much worse things landlords do, so please keep some perspective on the sign matter.

            Why not approach your landlord (or preferably the agent) in a friendly manner and ask for the sign's aspect to be shifted. Surely you'd both be happy with that? You could hint that if this happens, you'll be extra accommodating when they wish to arrange viewings.

            Comment


              #7
              If all else fails, you might consider sticking a picture of a pleasant view - your favourite actor/actress, or the Lake District, for example - over the sign itself, so you still have something nice to look at out of the window.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                You can always chop down the sign board and use it as firewood. Or take it down and flog it to McDonalds as a sandwich board.
                Kikuyu

                Comment


                  #9
                  Perhaps the OP should be considering the situation if a potential purchaser wants to view the property on the inside. That could well be when the problems really start.
                  The tenants should be prepared for this and decide whether to allow access or refuse it which they are entitled to do unless the lease states otherwise. I believe I'm correct in saying this.

                  Harry

                  Comment


                    #10
                    Originally posted by kikuyu View Post
                    You can always chop down the sign board and use it as firewood. Or take it down and flog it to McDonalds as a sandwich board.
                    Or as one of their sandwiches. It would taste pretty similar.
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment


                      #11
                      Originally posted by harry1001 View Post
                      Perhaps the OP should be considering the situation if a potential purchaser wants to view the property on the inside. That could well be when the problems really start.
                      The tenants should be prepared for this and decide whether to allow access or refuse it which they are entitled to do unless the lease states otherwise. I believe I'm correct in saying this.

                      Harry

                      The lease will no doubt say they must; however, it is unenforceable by LL other than by a court order.
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        Hi

                        Could you clarify; is this a multi-occupied house with each of you having a tenancy of your own room and then shared use of communal areas such as kitchen, hallways and garden? Or is it a joint tenancy of the whole property, including garden?

                        I ask because this may have a bearing on what the landlord is allowed to do in and with the communal areas, such as garden.

                        Preston

                        Comment


                          #13
                          thanks again for all your replies and advice

                          @ Harry1001 - Our tenancy agreement states that the landlord must give us proper notice before visiting the dwelling. It doesn't say anything about sale of the property or allowing potential buyers to visit in the agreement though.

                          Originally posted by Preston View Post
                          Hi

                          Could you clarify; is this a multi-occupied house with each of you having a tenancy of your own room and then shared use of communal areas such as kitchen, hallways and garden? Or is it a joint tenancy of the whole property, including garden?

                          I ask because this may have a bearing on what the landlord is allowed to do in and with the communal areas, such as garden.

                          Preston
                          There's 3 of us in the house and we all have signed a tenancy agreement which is identical (except the dates, as I moved in a month later to everyone). We all share the Kitchen, bathroom and a garden which isn't much of a garden as its currently piled high with building materials and rubbish!

                          Comment


                            #14
                            Originally posted by zeptepi View Post
                            There's 3 of us in the house and we all have signed a tenancy agreement which is identical (except the dates, as I moved in a month later to everyone). We all share the Kitchen, bathroom and a garden which isn't much of a garden as its currently piled high with building materials and rubbish!
                            So, if I understand you correctly, you have separate tenancy agreements of individual rooms with the right to use the communal spaces.

                            If this is the case, then I am not aware of any rule or law that would necessarily require your landlord to obtain your consent before displaying a for sale sign. He or she must not interfere with your quiet enjoyment, that is clear, but the communal areas are not in your possession so you do not have control over them in the way that you possess and control your own room.

                            If the sign is obtrusive by, for example, limiting your ability to phycially access the communal areas or by blocking out light, you may have grounds for action, but I think your remedy would be to remove or limit the obtrusiveness, rather than to prevent it from being displayed as a matter of right.

                            I would be interested to hear of any authority which supports a contrary view.

                            Comment

                            Latest Activity

                            Collapse

                            Working...
                            X