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current tenants not answering calls from letting agent to book viewings!!

Hi all.

We have issued a section 21 to our current tenants to vacate the property due to various things like late rent,abusing other neighbours etc.

The property has been re advertised and has generated some interest already.

The agent has been trying to get hold of the current tenants to try and arrange viewings and they are refusing to co operate.

The are not returning calls or replying to messages,text or email.

now they are also late again paying the rent this month (3 months in a row!!, i received Decembers rent which was due on the 10th December on the 4th January)

Ive also text her/him to contact the agent but they are still not replying.

I dont want potential new tenants missing out because of this so Im just wondering what my options are~??

Thanks

Steve
«134567

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    you have NO options - the tenant has a right to "quite enjoyment" which overrides anything in your tenacy agreement. You cannot force them to allow viewings and if you or your LA attempt to do unarranged viewings your tenat has every right to sue you. If your LA was competent they would have told you this.

    by the sounds of it they are unhappy at being removed so you should also be preparing for the fact they may not move out at all, do you know what to do then? Research the court process because that's where you will be headed otherwise it will be an illegal eviction and you will be the one in court instead.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 14 January 2012 at 1:11PM
    The OP has given the actual property details along with his current Ts shortcomings in another thread on here so if that's indicative of his level of "professionalism" as a LL it's perhaps not surprising that the Ts would refuse viewings.

    Am absolutely not condoning the actions of Ts who fail to pay their rent in full and on time but, as has already been pointed out to the OP, the current Ts do not have to move out until a court order is in place. They are as00ec25 says, at liberty to refuse viewings in the meantime.
  • RAS
    RAS Posts: 36,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 January 2012 at 1:24PM
    Do you understand that a section 21 notice is just that - notice that you want the property back -and there is no requirement in law for them to move out when it ends?

    Is the deposit properly registered; otherwise the S21 is invalid anyway.

    Was the S21 issued correctly? Have you checked as a lot of LA and LLs get this wrong.

    And do you have a full dual signed inventory from when they moved in?
    If you've have not made a mistake, you've made nothing
  • tbs624
    tbs624 Posts: 10,816 Forumite
    RAS wrote: »
    Do you understand that a section 21 notice is just that - notice that you want the property back -and there is requirement in law for them to move out when it ends?
    Missing word there RAS - *no* requirement - and yes, the OP has had this pointed out to him in more than one other thread on the board.
  • tbs624 wrote: »
    The OP has given the actual property details along with his current Ts shortcomings in another thread on here so if that's indicative of his level of "professionalism" as a LL it's perhaps not surprising that the Ts would refuse viewings.

    Am absolutely not condoning the actions of Ts who fail to pay their rent in full and on time but, as has already been pointed out to the OP, the current Ts do not have to move out until a court order is in place. They are as00ec25 says, at liberty to refuse viewings in the meantime.


    Im not a professional at this at all, dont pretend I am.

    Hence why Im on here asking lots of questions.


    Itsnot that they are refusing veiwings, they are refusing to contact the letting agent about the late rent or to give the letting agent chance to book viewings.

    I really,really wish I didnt have to rent the sodding place out as its giving me nothing but a headache.
  • tbs624 wrote: »
    Missing word there RAS - *no* requirement - and yes, the OP has had this pointed out to him in more than one other thread on the board.

    And yes im full aware that they dont have to move out on time and that i might have to apply to the court to get the house back.
  • RAS
    RAS Posts: 36,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They are NOT required to book viewings. You are not allowed to book viewing until they leave.

    Did you LA not explain this to you?
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    They are NOT required to book viewings. You are not allowed to book viewing until they leave.

    Did you LA not explain this to you?


    To be honest they didnt no, what's the point of readvetising the property now if people cant get in to view it.

    I was told by the agent earlier in the week that they had people wanting to view this weekend.

    Just spoke to the agent and they have just told me that there is nothing i can do and we will have to wait until after they have moved out.

    Just out of interest, if they refuse to move out by the time stated on the s21 do they have to continue paying rent until they do move out ?

    thanks

    Steve
  • domcastro
    domcastro Posts: 643 Forumite
    Sorry to hear that. I think there may be something in the agreement about allowing viewings - there was in mine. But then again, there's something in the contract about them paying rent. As I've said before, the law favours the tenants

    Also why headaches? Are you accepting HB? Are you getting the tenants credit checked, employee / landlord references?
  • RAS
    RAS Posts: 36,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They are expected to pay rent until they move out.

    Do they have to? No. They may decide to do a runner.
    If you've have not made a mistake, you've made nothing
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