Can the tenant do this?

moments_of_sanity

Yorkie1 wrote: »

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.

Maybe I am used to the cold as I still haven't had my heating on yet (or maybe it's my age!!)

Sorry, I don't always make things clear! The tenancy agreement is up on the 12 January and we have issued her notice but know this won't start until the 12 November as that is the 2 month notice period.

moments_of_sanity

Wee_Willy_Harris wrote: »

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.

DH did speak to her tonight but she is so pi**ed off with the alternative agents going in last week and photographing when they didn't have permission, we exxplained that we had sought the permission from the LA and he said he had spoken to her and it would be fine

Wee_Willy_Harris

moments_of_sanity wrote: »

DH did speak to her tonight but she is so pi**ed off with the alternative agents going in last week and photographing when they didn't have permission, we exxplained that we had sought the permission from the LA and he said he had spoken to her and it would be fine

A bunch of flowers, a quiet chat, some genuine sympathy, a copy of the shltty letter you will (no doubt) send to the agent. I'd give it a couple of days for the dust to settle first.

moments_of_sanity wrote: »

Sorry, I don't always make things clear! The tenancy agreement is up on the 12 January and we have issued her notice but know this won't start until the 12 November as that is the 2 month notice period.

If you've issued notice with the 12 Nov as the date of service and 12 Jan as date of expiry... OR... if the 12 Jan is the last day of the fixed term, your dates may be wrong and notice invalid.

Was any deposit taken protected?

G_M

The letting agent works for you. YOU are responsible. If the agent lied/made a mistake/whatever, then YOU as landlord are responsible from the tenant's point of view.

So a sales estate agent going in without the tenant's permission (whether you believed permission was granted or not, is your fault. The tenant is rightly p*ssed off that an unwanted stranger has been in. Don't be surprised if the tenant changes the locks.

No - tenant cannot tell you what agent to employ to sell. Assuming the sales process happens after the end of the tenancy! So have your preferred agent ready to go in on 13th Jan.

While the tenant lives there and the tenancy is running, the tenant can dictate who, if anyone, comes in.

To pick up Yorkie's query above, I assume that
1) the 6 month Fixed Term expires on 12 Jan 2012? Having started on 13 July?
2) the S21 Notice is being served tomorrow and the 2 months Notice runs from 12 Nov to 12 Jan
3) you are hoping to get possession on 12 Jan, and if not will seek a court order at that point

Correct?

Werdnal

Having tried (and failed miserably) to sell a property with a tenant in place, I would advise you to wait until they have actually left before you even think of marketing it. Even if your S21 is issued correctly, the tenant is under no obligation to move out at the end of the 2 months notice, and could force you into court action to evict them. They will also do you absolutely no favours whatsoever when arranging viewings (even if they accept them which they can refuse altogether), as they have no interest in presenting the property well.

Our tenant put off at least 2 possible buyers, then totally refused all requests for viewings. Before anyone flames me for trying to sell the place out from under him, he was fully aware that the property was actually on the market when he took the tenancy - having been evicted from his previous property (also sold), and desperate for accommodation quickly. He assured us viewings would be no problem, but told the first 2 (even though they were accompanied by the EA), that it was a horrible place to live, the neighbours were noisy and he couldn't wait to leave and find somewhere better - hence they both walked away never to return! When viewings take place, you cannot "gag" the tenant, and they are liable to say all the wrong things - whether intentionally or not!

Calm your tenant down with a friendly chat and apology, and sit tight until they leave, then spruce up the place, price it realisitically and aim to get some viewings in the early spring, when everyone will be keen to start house hunting again! It may mean you losing some rental income in the meantime, but will make it much more appealling to buyers if it is empty, presented in A1 condition and you can ensure they are not given misinformation and put off by an aggrieved tenant. What is potentially more important to you - a few months lost rent, or a quick and hassle-free sale?

moments_of_sanity

G_M wrote: »

The letting agent works for you. YOU are responsible. If the agent lied/made a mistake/whatever, then YOU as landlord are responsible from the tenant's point of view.

So a sales estate agent going in without the tenant's permission (whether you believed permission was granted or not, is your fault. The tenant is rightly p*ssed off that an unwanted stranger has been in. Don't be surprised if the tenant changes the locks.

No - tenant cannot tell you what agent to employ to sell. Assuming the sales process happens after the end of the tenancy! So have your preferred agent ready to go in on 13th Jan.

While the tenant lives there and the tenancy is running, the tenant can dictate who, if anyone, comes in.

To pick up Yorkie's query above, I assume that
1) the 6 month Fixed Term expires on 12 Jan 2012? Having started on 13 July?
2) the S21 Notice is being served tomorrow and the 2 months Notice runs from 12 Nov to 12 Jan
3) you are hoping to get possession on 12 Jan, and if not will seek a court order at that point

Correct?

Tenancy started on the 13 July, date of the S21 is today but in the Date of Expiry we have put 12 Jan 2012 - have we written it out properly?

We will be seeking possession on the 12 Jan and if not given we will seek a court order.

moments_of_sanity

Wee_Willy_Harris wrote: »

A bunch of flowers, a quiet chat, some genuine sympathy, a copy of the shltty letter you will (no doubt) send to the agent. I'd give it a couple of days for the dust to settle first.




If you've issued notice with the 12 Nov as the date of service and 12 Jan as date of expiry... OR... if the 12 Jan is the last day of the fixed term, your dates may be wrong and notice invalid.

Was any deposit taken protected?

Sh*tty e-mail sent this evening to the LA.

Wee_Willy_Harris

moments_of_sanity wrote: »

Sh*tty e-mail sent this evening to the LA.

I'm pretty sure the dates on the S21 are wrong. From what you have said, it seems to expire ON the last day of the fixed term, which is still within the fixed term.

Again, was any deposit taken protected in one of the recognised schemes?

Werdnal

Wee_Willy_Harris wrote: »

I'm pretty sure the dates on the S21 are wrong. From what you have said, it seems to expire ON the last day of the fixed term, which is still within the fixed term.

Again, was any deposit taken protected in one of the recognised schemes?

Isn't the correct term for expiry of an S21 "after x (date)"?

moments_of_sanity

Wee_Willy_Harris wrote: »

I'm pretty sure the dates on the S21 are wrong. From what you have said, it seems to expire ON the last day of the fixed term, which is still within the fixed term.

Again, was any deposit taken protected in one of the recognised schemes?

So when should I date it in the expiry box?

It was and we have confirmation of that, tenants haven't kept the garden tidy so LA is saying he may withold some of the deposit