Can the tenant do this?

moments_of_sanity

I posted a thread some time ago about our property that is currently rented out - originally 12 months signed with a break clause on both sides after 6 months.

Tenant is being served with a S21 tomorrow with effect from the 12 November being the 2 months notice they need.

Tenant has said she will allow the property to be put on the market from the 13 November but will only allow a 'certain' agent to sell it, can they really dictate who can sell it?

They only want the current LA to be able to sell it but we are really unhbappy with them, we have had to fight to get the S21 issued (LA said wasn't necessary) and last week we asked them if another agent could go in and take pictures for sales info - LA advised us they could and all was well with Tenant - tenant has gone ballistic (quite rightly) as LA didn't clear it with her, however she blaims the alternative agent that went in to photograph property.

We know the tenant can make it very difficult for an alternative agent to go in and get any viewings but can she REALLY tell us who we can sell it through?

We have been very good landlords, boiler packed up last week, we arranged for an electrician to go in the same day it was reported and re wire the system so they had hot water and shower and tomorrow the gas engineer is going in to replace the boiler (£2,050) so we feel we have been very reasonable and made repairs as soon as we could but feel the tenant is being a little unreasonable. She doesn't want to stay any later than the 12 January when the 6 month tenancy ends so why is she being difficult?

PasturesNew

It's absolutely none of her business who sells it.

None.

theartfullodger

Yes of course you've been good landlords: All landlords (oh, OK, most, almost 100% do..) think they are "Good landlords". Just like 99% of blokes reckon they are "good drivers"... thing is, what does the tenant think on the matter??

Anyway, in answer to your question, yes & no, he can / cannot.

No because it is none of his business..
Yes because he can pretty much stop dead any selling stuff if he wants to...

The tenant, regardless of what it says in the tenancy, does not have to allow any viewings, surveys, inspections, repairs (carefull with that one tenant), valuations, whatever. He can change the locks. Yes you can apply to court for a court order for Mrs Smith to view the place but will Mrs Smith still be there when you get the order .. (if you get it..).

Negotiate: Offer written excellent reference, reduction/no rent, mistress/toy-boy (both??), viewings only Friday afternoons 14-18:00 with EA onsite all time, whatever, but negotiate...

Cheers!

Artful

chopper78

It is your house, the tenant cannot demand that you only sell it onwards with an agent of their choice and you'd be within your rights to tell them to swivel sideways. However, you could then end up with an uncooperative tenant making life difficult for potential viewers, making sure the house is unappealing to viewers. Just imagine when the agent of your choice sends a viewer round and they decide to sit on the sofa in their underpants when it happens.

Personally, I'd wait until January 13th to put it on the market.

Wee_Willy_Harris

It's YOUR house. If you wish to sell it, you may appoint whichever agent you so choose (if any).

However, it is also your tenants HOME, and she has "exclusive possession", which means she may exclude whoever SHE so chooses.

Best advice would be to discuss the issue with your tenant and try to reach a workable compromise. If that isn't possible, then wait until she has vacated before you fully market the property. You can, of course, advertise the property in the meantime, with external photos, regardless of her wishes regarding the current agent, but viewings etc may be an issue.

Great that you've fixed the boiler. But that is your job as a LL. Do you congratulate the tenant when she fulfills her part of the deal and pays the rent?

moments_of_sanity

theartfullodger wrote: »

Yes of course you've been good landlords: All landlords (oh, OK, most, almost 100% do..) think they are "Good landlords". Just like 99% of blokes reckon they are "good drivers"... thing is, what does the tenant think on the matter??

Anyway, in answer to your question, yes & no, he can / cannot.

No because it is none of his business..
Yes because he can pretty much stop dead any selling stuff if he wants to...

The tenant, regardless of what it says in the tenancy, does not have to allow any viewings, surveys, inspections, repairs (carefull with that one tenant), valuations, whatever. He can change the locks. Yes you can apply to court for a court order for Mrs Smith to view the place but will Mrs Smith still be there when you get the order .. (if you get it..).

Negotiate: Offer written excellent reference, reduction/no rent, mistress/toy-boy (both??), whatever, but negotiate...

Cheers!

Artful

Yeah that's kinda what we thought that she will refuse to allow the alternative agent access!!!!

We could offer to reduce the rent but have already reduced it by £150 when she took the tenancy agreement on - DH spoke to her tonight and she is adament she won't allow an alternative agent sell it - problem is they have two potential investors who might be interested............. could be a tricky one this! Did ask if DH was willing to be a toy boy but apparently not!!! lol

theartfullodger

chopper78 wrote: »

.........sends a viewer round and they decide to sit on the sofa in their underpants when it happens.

..............

I don't even bother with them...


NEGOTIATE!!!!

PS Offer Tenant a bonus when it sells: What's the difference between a bonus and a pen"s?? The wife will blow your b......

moments_of_sanity

Wee_Willy_Harris wrote: »

It's YOUR house. If you wish to sell it, you may appoint whichever agent you so choose (if any).

However, it is also your tenants HOME, and she has "exclusive possession", which means she may exclude whoever SHE so chooses.

Best advice would be to discuss the issue with your tenant and try to reach a workable compromise. If that isn't possible, then wait until she has vacated before you fully market the property. You can, of course, advertise the property in the meantime, with external photos, regardless of her wishes regarding the current agent, but viewings etc may be an issue.

Great that you've fixed the boiler. But that is your job as a LL. Do you congratulate the tenant when she fulfills her part of the deal and pays the rent?

The boiler didn't need to be repaired in 3 days though, I could have waited a longer period of time but I take on board your comments - however tenant failed to keep her side of the initial deal, we reduced the rental price by £150 per month on the understanding that she would pay 6 months up front and then on the day she moved in ......... she changed her mind so no I didn't congratulate her!

Yorkie1

moments_of_sanity wrote: »

The boiler didn't need to be repaired in 3 days though, I could have waited a longer period of time but I take on board your comments

This comment staggers me somewhat. It is now getting colder and just how much longer do you think it would have been OK to leave the tenant without a working boiler? A week? Two?

On a separate note, I just want to query your dates. You say in your first post you've served a s.21 notice today (21 Sept), giving the 2 months' required notice up to 12 November. Then you say that the tenant doesn't want to stay beyond the end of the fixed term on 12 January.

This causes me concern a) as it is actually less than 2 months to 12 November, and b) if the tenancy doesn't in fact end until 12 January then the dates in your s.21 look wrong, invalidating the notice entirely.

dimbo61

Its perhaps not the right time to sell a property as winter is nearly here
Wait until they have moved out would be a good idea

Wee_Willy_Harris

moments_of_sanity wrote: »

The boiler didn't need to be repaired in 3 days though, ...........

And your tenant doesn't NEED to co-operate with your plans to sell, which is why discussion and negotiation may be the best option.