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

pmlindyloo

bikingbarney wrote: »

Thanks for all the replies so far.

Ive just been reading through the tenancy agreement the tenants have signed and there is a section headed ACCESS AND INSPECTION.

first paragraph in this section states the following...........

"During the last two months of the tenancy, upon a minimum of 24hours prior written notification, to permit the premises to be viewed during working hours and or at other reasonable times including weekends by prospective tenants or purchasers who are authorised to do so by the landlord or his appointed agent. Except where mutually agreed otherwise with the tenant, the landlord or his agent or representative will accompany viewing appointments .

so Its there in black and white and they have signed to accept this that they must allow viewings.

I got told by the agent on the phone that I couldnt show anyone round until they had moved out. Isnt the agent meant to be clued up on this sort of thing??

There is huge debate about this and the majority of the experts believe that the tenants' right to quiet enjoyment overides this clause in the tenancy agreement so your LL seems to be on side of the majority.

The only way to prove this is to take your tenants to court where a judge would decide.

To be perfectly honest in your case there isn't any point in raising this issue now and you're not likely to get anywhere.

Do what others have suggested. Write to the guarantors, inform the council re:the HB etc etc

Annoying as this all is, the fact is that in your circumstances you need to take people advice and act upon it. This isn't, by the sounds of it, going to be easy to resolve without probably using the courts. Don't let it drag you down - save your strength for the possible court action in the future, consider that you're in it for the long haul and breathe a sigh of relief if they decide to leave voluntarily.

Looking for a way out is just not going to happen and, on a lighter note, now you can join 'the law favours the tenant' brigade and regale all your friends with the horrors of being a landlord.

PS I am very sympathetic by the way, just being realistic.

BitterAndTwisted

Barney's going to be away in Afghanistan by the middle of next month so his impatience is understandable. He'll be relying on the agent to get this sorted.

This question is troubling me: If BB is out of the country when the S21 expires can the agent be instructed to take whatever further steps are necessary to ensure eviction? Whether they can be trusted to do so is another matter entirely. What does the panel think?

Werdnal

Whilst I can understand OP's wish to try to minimise the void period, I cannot comprehend why they are advertising when there is no earthy way they can give any potential tenant a move in date? If current tenant's do roll over and move out on the S21 expiry date, how is LL going to know what state the property will be left in and whether fit to let again without substantial work?

If the LA have had so much interest, surely it is best to leave until the property is empty and advertise then. Even if you get viewings, I cannot see the current tenants being anything but unhelpful - you cannot gag them and stop them talking to people when they visit - slagging you off as a terrible landlord, telling them is a horrible place to live and they cannot wait to get out etc.

You will let far quicker if you get it empty, have a definate date it will be available and make sure potential tenants see it at this best without any hassle and grief from the departing Ts. If I was a tenant, I wouldn't even entertain viewing unless I knew when it would be available.

clutton_2

B&T - it is my understanding that the court documents have to be signed by the landlord and not by an agent.... so i think Barney should get a power of attorney signed double quick to allow someone else to act for him in the court proceedings....

tbs624

Clutton is right that LA cannot sign the Court papers on the LLs behalf - only LL can enforce against T

BitterAndTwisted

Well, I'm glad that's been cleared up. At least Barney still has time to make the appropriate arrangements before he's out of the country and really high and dry.

thegirlintheattic

As pointed out, what you or your agent decided to put in the TA is null and void. Tenants do not have to allow you access for viewings. When LL have a good relationship with tenants, some tenants will permit viewings but you should have checked this before advertising the property. There is no point advertising the property now because only an idiot would sign up for a tenancy without a viewing and when no move in date can be given (unless you lie). From the sound of it you will not have repossession at the end of the S.21 so need to be prepared to go to court and have a void. You are also likely to be !!!!ing off prospective tenants by trying to advertise your property when it is not available - you yourself complained on here about tenants wasting your time with viewings.

No more phone calls if the tenants are no answering, only letters from now on. Registered post if possible, with copies to the guarrentor. The guarrentor is already paying your rent - so you have no issue here with no being paid.

bikingbarney

BitterAndTwisted wrote: »

Well, I'm glad that's been cleared up. At least Barney still has time to make the appropriate arrangements before he's out of the country and really high and dry.

Im lucky in the fact that my wife is also able to sign the paperwork too, I just didnt want to leave her with lots of hassles when im out of the country and she is trying to run our family on her own.


It was advertised on the advice of the letting agent !!

As im only going to Afghanistan for 10 weeks this time (doing 2 more 10 weeks tints later in the year) there is a chance I will be back before they are even out of the house then !!

What is the next step if they refuse ??? section 8 or something else.

grey_lady

Rent that is paid late by a couple of weeks is much better than rent not being paid at all - I think you have a communication problem with your tenant, if it was my property i would be contacting the tenant to find out why they were late in paying, people change jobs etc and these things happen but communication is key - sometimes peoples circumstances change and they need to claim HB or make up arrears for unaviodable reasons but you have to be proactive in communicating with them - otherwise how can you help to resolve a problem? (you can't rely on your agent clearly)


Secondly your agent sounds useless - i think you need to make your problem his problem and start chasing him daily - he won't be inclined to resolve matters otherwise - in fact scrub that it's time for a new agent, and some rent guarentee insurance - he recommended you take a tenant with an outstanding CCJ?????

I once had to find a letting agent in a less than great part of east London - i spent a whole morning visiting all the ones closeby in person - getting a feel for how competant and professional they were - it might be a good idea for you or a friend to visit a few and explain the situation.

thegirlintheattic

bikingbarney wrote: »

It was advertised on the advice of the letting agent !!

A letting agent that you should never use again. He's recommended taking a tenant with a CCJ, has confused tenant and permitted occupier, does very little chasing of tenants, has a TA with unenforceable sections, encourages you to re-advertise when you have no idea when you'll get possession - I'd stop taking his advice and start shopping for a better LA.