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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
    franklee wrote: »
    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.

    It is sometimes worded like that, but not usually. The recommendation by the OFT does not restrict as you suggest.

    franklee wrote:
    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.
    Criminal offence? :rotfl:

    It's clearly written in the contract. Any offence would be a civil one by the tenant not allowing entry.

    A tenant cannot unilaterally decide to beach the tenancy agreement. If the tenant didn't agree to the tem , the tenant should,'t have signed the TA in the first instance.

    The LL has the tenants permission, by the mere act of the tenant signing the TA.

    franklee wrote:
    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.
    The agent is allowed entry as it is the LL's agent - as specified in the TA.

    franklee wrote:
    I would have no hesitation in changing the locks if faced with a landlord/EA with your attitude.
    ... and I'd have no hesitation in employing a locksmith to gain rightful entry.

    But to be honest, I wouldn't need to as I wouldn't even entertain a request for a TA from a person with an attitude like yours.
    "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
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    franklee wrote: »
    That is the act the landlord would be breaking, the Protection From Eviction Act 1977.


    Thanks for sharing, but again it refers to harassment and illegal eviction - nothing to do with this thread. A LL acting in accordance with the TA (assuming all terms are fair and legal) cannot be breaking that act.
    "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
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    zebulon wrote: »
    YOU DID! :rotfl:

    harassment =

    [/i]
    Working within the fair & legal terms of a TA is not harrassment.
    "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
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    I don't think you pay council tax on an empty flat... something to check.
    You usually get 6 months free.

    After that it can vary by council. Some charge 50%, some 90%, some the full 100%.
    "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
  • brit1234
    brit1234 Posts: 5,385 Forumite
    I'll just be glad when this whole buy to let collapses and burns. The sooner the better, it represents everything which is bad in British society today.
    :exclamatiScams - Shared Equity, Shared Ownership, Newbuy, Firstbuy and Help to Buy.

    Save our Savers
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    brit1234 wrote: »
    I'll just be glad when this whole buy to let collapses and burns. The sooner the better, it represents everything which is bad in British society today.

    ...Council tax will have to increase significantly to pay for all those extra park benches needed for the homeless to rest their weary heads then though. :D
    "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
  • zebulon
    zebulon Posts: 677 Forumite
    Premier wrote: »
    Working within the fair & legal terms of a TA is not harrassment.



    :lipsrseal
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    brit1234 wrote: »
    I'll just be glad when this whole buy to let collapses and burns. The sooner the better, it represents everything which is bad in British society today.
    yes but if that happens where are people who cannot affor to buy supposed to live


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    Premier wrote: »

    It's clearly written in the contract. Any offence would be a civil one by the tenant not allowing entry.

    A tenant cannot unilaterally decide to beach the tenancy agreement. If the tenant didn't agree to the tem , the tenant should,'t have signed the TA in the first instance.

    You can't take away someones legal rights in a contract.
    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.


  • Gorgeous_George
    Gorgeous_George Posts: 7,964 Forumite
    Part of the Furniture Combo Breaker
    There are always two sides to every story. There are two people with different needs and desires.

    The LL wants to sell and needs to show potential buyers arround the property. Sometimes this can unreasonably impact the tenats' desires for quiet enjoyment. More often it is not a problem. Sometimes the tenant has a massive chip on their shoulder and takes delight in making things difficult for their LL. I would have no issues with ending the tenancy at the first opportunity if my tenant was being unreasonably awkward.

    If we could treat people in the manner that we, ourselves, would wish to be treated, the world would be a better place. If you have a problem with BTL LLs (brit1234) do not rent their properties.

    Here endeth the first lesson.

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
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