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

SouthCoast

The joys of being a landlord/lady in a falling property market.

If you are living in residential property the law protects you against harassment and illegal eviction. It does this by making harassment and illegal eviction criminal offences and by enabling a victim to claim damages through the civil court.

http://www.direct.gov.uk/en/HomeAndCommunity/Keepingyourhomeevictionsandhomelessness/LosingYourHome/DG_10014595

Premier_2

tbs624 wrote:

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?

Remember, this isn't going to be a LL much longer. He's going to flog the property and get out of dealing with tenants - too much hassle/cost...and you can see why sometimes.

Those LLs that are in the business for the long run usually have more respect for their tenants - but respect is a 2 way thing

There's no squealing here about legislation - just a shame that the costs involved in protecting LLs from a few tenants from hell means all tenants end up paying for it in the long run.

Premier_2

SouthCoast wrote: »

The joys of being a landlord/lady in a falling property market.

http://www.direct.gov.uk/en/HomeAndCommunity/Keepingyourhomeevictionsandhomelessness/LosingYourHome/DG_10014595

Thanks for sharing, but what exactly is the relevance of that to this thread?

It refers to harassment and illegal eviction - neither of which are issues brought up so far, at least with any foundation, in this thread.

neverdespairgirl

The OFT guidance on unfair contract terms states:

3.33 The same principles apply to terms giving excessive rights to the landlord to demand access for prospective new tenants or purchasers to view the premises.

3.34 A term dealing with rights of entry is unlikely to be challenged if it reflects the ordinary legal position. This recognises that a landlord who is responsible for carrying out repairs to the property needs reasonable access for two specific purposes: firstly, in order to check whether repairs are necessary, and secondly, to carry them out. Reasonable access means access at reasonable times, and with at least 24 hours notice in writing, unless there are exceptional circumstances.

Premier_2

Thanks neverdispairgirl

Could I add the previous clause too, as I think it all makes more sense with it


3.32 We would object to a provision giving the landlord an

[FONT=Arial,Arial][FONT=Arial,Arial]excessive [/FONT][/FONT]right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants 'exclusive possession' and 'quiet enjoyment' of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant's consent, except for good reason.

From page 18 of the same link given in post#39

franklee

Premier wrote: »

Sanctions available is that the LL/EA just lets themself in with the prospective purchasers

You seem to have overlooked the point that neither side has yet given notice and therefore are not in the last one or two months of the tenancy. I think that you will find the clauses about allowing entry for viewings often apply only during the last one or two months.

Premier wrote: »

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.

The tenant can remove that permission by making it clear on what terms if any they will allow viewings.

The tenant in refusing all viewings may well be breaching a term in the tenancy agreement but even so that does not give the landlord the right to just enter the property. The landlord needs either the tenant's permission or a court order. Letting himself in for a viewing with neither of these leaves him open to a fine or possibly even a criminal offence.

Premier wrote: »

Once again where is the legal precedent - oh yeah there isn't one is there

Making assumptions about letting the agent in while the tenant is at work is plain stupid. What are you going to try to claim next, that if the tenant fails to pay the rent on time, which is also a breach of the tenancy agreement, the landlord can simply take it from the tenant's wallet directly? Of course in both cases the landlord would be wise to follow due process and that is not by taking redress for any breach of the tenancy agreement into his own hands otherwise he will be open to having committed a more serious offence.

Premier wrote: »

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

I would have no hesitation in changing the locks if faced with a landlord/EA with your attitude.

franklee

Premier wrote: »

Thanks for sharing, but what exactly is the relevance of that to this thread?

It refers to harassment and illegal eviction - neither of which are issues brought up so far, at least with any foundation, in this thread.

That is the act the landlord would be breaking, the Protection From Eviction Act 1977.

zebulon

Premier wrote: »

Thanks for sharing, but what exactly is the relevance of that to this thread?

It refers to harassment and illegal eviction - neither of which are issues brought up so far, at least with any foundation, in this thread.

YOU DID! :rotfl:

harassment =

Premier wrote:

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

nugget08

wow - thank you all for your replies, although this thread has gone off on a wee tangent..

firstly - I have no intention of ordering my tenants about or just letting myself in during the day with potential buyers without their knowledge. For one thing, we live in Glasgow and the flat is in london so it would be quite hard...

we intend to give them plenty of notice about what is happenning - if we do decide to sell we will tell them about it and speak to them about what we would like to do about viewings - they can have the chance to voice their concerns as well. and we wouldnt just start 'turning' up with potential buyers. we would give them the 48 hours notice required in the lease (at least), and if it suited them more to have the viewings happen during the day so as not to bother them, then thats what we will do. I have been so far, and will continue to be, extremely gracious and thoughtful to them (even when they broke my expensive wardrobe door and my even more expensive velux window). I do have respect for my tenants, even though i am not a long term lnadlord but the whole thing is just becoming too much financially (i didnt just happen upon this site by accident - i have been posting in debt free wannabe for a while now) I will keep the landlords in mind as much as I can, however, it is our flat and we do have the right to sell if it we plse.

i have no delusion that they will be out looking for another flat as soon as we tell them we are selling - and I dont blame them. that is a risk we take.

we had our first valuation last night and it was quite positive. he also said he didnt think having the tenants would matter that much, whether I believe this or not, im not sure. but we will go ahead and try to sell, and see what happens.

tbs624

nugget08 wrote: »

wow - thank you all for your replies, although this thread has gone off on a wee tangent..

Most threads do, because as soon as you get a couple of respond posts, you'll obviously get contrasting viewpoints appearing. Hopefully you''ll see that much of it was in response to Premier's incorrect personal interpretation of acceptable LL behaviour.

nugget08 wrote: »

I will keep the landlords in mind as much as I can, however, it is our flat and we do have the right to sell if it we plse.
.

Made me laugh..... Freudian slip or simply a brain to finger malfunction?
( the latter I suffer from too)