EA won't let me view rented property for sale

Incisor

dudes wrote: »

Saw a property for sale in my local EA. The conversation went like this:
Me: Can I view this property?
EA: No, tenants have just moved in.
Me: Oh. So the property is no longer for sale?
EA: It is, but they have decided to rent it out until it sells.
Me: So can I arrange a viewing?
EA: No, because it's only in the tenants contract to allow viewings 2 months before the end of their contract.

Is this total nonesense? Surely if the owner wants to sell, they can arrange to show people round?

As already explained, tenant has rights. It may be that Landlord hopes to sell with sitting tenant to another Landlord - and you could reasonably put in a reduced offer because you are not getting Vacant Possession if you buy this way.

About your only option is to tell Agent that you will offer tenant a viewing fee. Tricky to suggest how much, but I reckon most tenants would budge at £50 - or £100 for several viewings from 1 prospective buyer.

PasturesNew

the bottom line is this: BTL is a business. In any business plan you write you have to also write your Exit Strategy. In the main, new amateur BTL landlords never wrote their exit strategy. Now they find they don't have one - and there isn't one for 99% of them.

They said they were in it for the long-term, but they clearly were not. They were in it for the perceived riches, which did not materialise.

If they'd written a proper business plan, with exit strategy, they'd have realised the flaws and risks. If they'd written a contingency plan they'd have realised the contingency made the risks too high.

Running_Horse

At least this EA was honest:

http://www.rightmove.co.uk/viewdetails-23914973.rsp?pa_n=1&tr_t=buy&mam_disp=true

We viewed a house whose tenants were happy to show people round, and a house for sale down the road now has tenants, and is still for sale.

Tough times.

dudes_2

Thanks for all of the replies. I had always assumed the landlord only needed to give 24 hours notice, so this is all news to me.

I will try to think of a diplomatic approach with the tenants so I am able to view the property.

I guess the bottom line is, the vendor hasnt really thought this through.

PasturesNew

Running_Horse wrote: »

At least this EA was honest:

http://www.rightmove.co.uk/viewdetails-23914973.rsp?pa_n=1&tr_t=buy&mam_disp=true

We viewed a house whose tenants were happy to show people round, and a house for sale down the road now has tenants, and is still for sale.

Tough times.

It now reads:

"This third off the second bedroomed mid terrace house is in need of updating and modernisation. Access to the property is difficult as the property is tenanted. We are receiving full housing benefit direct fom Medway Council of £525.00 per calendar month. Not for the faint hearted!"

neverdespairgirl

Sisyphus wrote: »

No matter what is written in the contract, the Tenant's right to quiet enjoyment is protected in the Housing Act.

It's common law, I think, rather than in any statute.

PasturesNew

dudes wrote: »

Thanks for all of the replies. I had always assumed the landlord only needed to give 24 hours notice, so this is all news to me.

I will try to think of a diplomatic approach with the tenants so I am able to view the property.

I guess the bottom line is, the vendor hasnt really thought this through.

The bottom line is: did most of them think it through?

The troubles you will encounter, beyond getting to see it are a Catch 22 situation.

Your lender will not lend unless you have vacant possession.
The landlord will not want to give his tenants notice until you've exchanged.
You won't want to have an exchange-to-completion delay of 2 months.
What if the tenants don't move out, but are wanting a council house and decide to sit it out ... with the landlord having to drag them through the courts and ultimately get the bailiffs in.
What if the tenants are not of the nice variety and just sit it out until the bailiffs come, taking the property apart piece by piece as they sit there?

Catch 22s galore in there!

It could get very messy.

Conrad

It shouldnt be news to you - you are a Human and surely have enough empathy with others to understand how your actions imphinge upon thier life.
Now, can I 'pop' round and camp in your garden tonight please.

PasturesNew

dudes wrote: »

I will try to think of a diplomatic approach with the tenants so I am able to view the property.

What if:
- they are aggressive and hate you, the landlord and the agent?
- they consider you have breached their right for quiet enjoyment and cause a stink for the agent/landlord?
- they don't even KNOW it's for sale?

You trying to circumvent the proper channels and the legal channels in this way wouldn't bode well for a fruitful relationship going forward with any of the parties.

Incisor

dudes wrote: »

Thanks for all of the replies. I had always assumed the landlord only needed to give 24 hours notice, so this is all news to me.

I will try to think of a diplomatic approach with the tenants so I am able to view the property.

I guess the bottom line is, the vendor hasnt really thought this through.

You are right, the vendor has not thought this through. But don't go direct to the tenant, always through the Agent. Otherwise you could raise an almighty stink, which you might never see anything of, apart from becoming persona non grata with the vendor and the agent.