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should we get rid of our tenants in order tosell quick?

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Comments

  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    olly300 wrote: »
    ...You as the landlord are welcome to take them to court to force them to give you the key or entry but it's a long process and will cost you a lot of money.
    Correction, it will cost the tenants a lot of money if/when they lose.

    Don't forget a tenant from hell will probably need to rent again and without a LL reference it won't be easy.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    It's not usual for a tenancy agreement to allow viewings throughout, usually it's only within the last one or two months of the tenancy. If neither side has given notice then you are not in the last one or two months.

    Viewings really need the tenant to agree. If the LL/EA just lets themselves in with the prospective purchasers then they will be landing themselves in a heap of trouble.

    It's always worth offering the tenant something for their trouble, a fee per viewing if they tidy up and agree to the viewing ...

    But all this is irrelevant till the OP has asked the opinion of the local estate agents who would be selling the property so as to find out a realistic selling price. If that isn't enough for the OP then why rock the boat with good paying tenants? A hundred pounds a month loss seems painful but it's a heap better than losing the rent income on top of that. The OP has already said if she was the tenant with a landlord selling then she would be looking to move asap, as would I, so don't risk that rent income till you have some idea of what the flat will sell for.
  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    nugget08 wrote: »
    also, i think i agree with premier that in our lease it does state they have to allow viewings for the purpose of renting/selling. but i will check this carefully - i will also check carefully about the giving notice stuff.

    It may do - but even without the tenants being awkward and causing real trouble, you can't expect them to clean the place within an inch of its life and make it look great for every viewing.

    If the AST has expired, you need to give a s.21 notice from the next rent day. So if the tenants pay their rent on the 20th of each month, for example, you need to give notice BEFORE the 20th July and it takes 2 months. If they leave in accordance with the notice, that means you can't get possession of the flat until 20th September.
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • Mrs_pbradley936
    Mrs_pbradley936 Posts: 14,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Most people are interested in the size and floor plan not if someone has underwear hanging up in the bathroom.

    I would think carefully before you give them Notice because you have to give them 2 months and at the moment they are only costing you just over £100 a month, if the place is empty and unsold you will have to find all the mortgage plus your rent in a few months. Are you prepared for the fact that it may not sell as things are now?
  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    nugget08 wrote: »
    so in that case, wouldnt the answer be to conduct all viewings during the day - give the estate agent a set of keys and get them to do all the viewings during the day while the tenants are at work.

    I'm a reasonable person, and a tenant. But I wouldn't be at all happy about the idea of a parade of people potentially going through my home when I was at work. Would you?
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • moneysavinmonkey
    moneysavinmonkey Posts: 1,213 Forumite
    Premier wrote: »
    Yeah, right. :rolleyes:

    Care to name the legal precedence case? Though not!

    you are correct there is no legal precedence, but this is one of the terms on the OFT guidance on unfair terms in tenancy agreements. so that's a pretty clear indication it's not good practice.

    You cannot enter the property without the tenants permission except in an emergency. Doing so is a criminal act. OP do not just arrange viewings during the day when you know the tenant is out - asside from being incredibly illegal how would you like it if strangers came round your home without your knowledge. Horrible.

    In reality if the tenants won't give permission you can't force them to, all you can do is serve notice. You need to decide whether you want the rental stream or you want to sell. You can't have your cake and eat it that easily!! Have you spoken to your tenants at all? What are there plans, if you are serious about selling you will have to tell them at some point as they will find out soon enough! Best bet is to get them on side and charm/bribe them to be as co-operative as possible.
  • BettiePage
    BettiePage Posts: 4,627 Forumite
    you are correct there is no legal precedence, but this is one of the terms on the OFT guidance on unfair terms in tenancy agreements. so that's a pretty clear indication it's not good practice.

    You cannot enter the property without the tenants permission except in an emergency. Doing so is a criminal act. OP do not just arrange viewings during the day when you know the tenant is out - asside from being incredibly illegal how would you like it if strangers came round your home without your knowledge. Horrible.

    In reality if the tenants won't give permission you can't force them to, all you can do is serve notice. You need to decide whether you want the rental stream or you want to sell. You can't have your cake and eat it that easily!! Have you spoken to your tenants at all? What are there plans, if you are serious about selling you will have to tell them at some point as they will find out soon enough! Best bet is to get them on side and charm/bribe them to be as co-operative as possible.
    What he said.
    Illegitimi non carborundum.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    you are correct there is no legal precedence, but this is one of the terms on the OFT guidance on unfair terms in tenancy agreements. so that's a pretty clear indication it's not good practice.

    You cannot enter the property without the tenants permission except in an emergency. Doing so is a criminal act. OP do not just arrange viewings during the day when you know the tenant is out - asside from being incredibly illegal how would you like it if strangers came round your home without your knowledge. Horrible.

    In reality if the tenants won't give permission you can't force them to, all you can do is serve notice. You need to decide whether you want the rental stream or you want to sell. You can't have your cake and eat it that easily!! Have you spoken to your tenants at all? What are there plans, if you are serious about selling you will have to tell them at some point as they will find out soon enough! Best bet is to get them on side and charm/bribe them to be as co-operative as possible.
    Do you have a link to the OFT thing please?

    A LL would not be entering without permission - it's granted in the TA providing notice is given and it's at reasonable time. Contrary to your assertion, it isn't illegal at present. Once again where is the legal precedent - oh yeah there isn't one is there :rolleyes:

    In reality, what stops a landlord/EA just walking in with their viewers?

    The tenants should be the ones befriending the LL - they'll need him when they come to request that all important reference as they will probably be evicted soon anyway if the LL is planning on selling.


    Edit: Here you go OFT from September 2005
    http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf
    page 78
    Unfair term
    To permit intending purchasers, tenants or others authorised by the landlord or its agents in writing to enter and inspect the premises at all reasonable times

    Way of revising term
    On giving the tenant at least 24 hours notice in writing, to allow the landlord, or any person acting on behalf of the landlord, access to view the property, during normal working hours, accompanying a prospective tenant or purchaser of the property.

    Any more entirely false assertions you'd like to make? :rolleyes:
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    Premier wrote: »

    In reality, what stops a landlord/EA just walking in with their viewers?

    In my case, one 7stone GSD (Alsation).

    Re your bit about needing a reference from the LL or they will be sleeping on a park bench, I became an accidental STR last year and didn't need a reference. The LA didn't even do a credit check until after I had moved in either, as they forgot and the LL said he wasn't bothered.

    OP why not just speak to your tenants and tell them what you told us about needing to sell the flat as it is costing you money and you are going to stay up north? There are quite a lot of rentals around, especially flats, so they may just get out asap.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • tbs624
    tbs624 Posts: 10,816 Forumite
    Premier wrote: »
    :rolleyes: In reality, what stops a landlord/EA just walking in with their viewers?
    ...extra serving of cabbage & a couple of unsavoury friends round to make the place look even smaller.:D
    Premier wrote: »
    The tenants should be the ones befriending the LL - they'll need him when they come to request that all important reference as they will probably be evicted soon anyway if the LL is planning on selling.

    It's no good LLs squealing about the ever increasing raft of LL & T legislation, because when such attitudes towards tenants are still in existence it would seem that it is warranted. Would you like your tenants to also touch their forelocks and back slowly from the room, bearing in mind that they are paying you for the exclusive possession of the room & the rest of the property?

    If a tenant gives notice, then I think most would probably agree to a few viewings at mutually conveniently times (unless the relationship between LL & T has been fraught with other difficulties) but when you're the one giving notice, it's preferable to *ask* not demand.
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