Not sure of my moral obligation?

Mumto3cheekymonkeys

BitterAndTwisted wrote: »

Never, ever believe anything an agent tells you about anything! They are not your personal advisors but are business people whose only interest is in their own short-term profits. Even if it's to your long-term detriment.

If they tell it's Wednesday it would be well to check your calender before you accept it. The advise you should have sought and relied on is from your landlords association.

Do not sign up with the same agent to sell your property as they already suspect that you can be led by the nose. Try and find another with a modicum of integrity. If you can find one. Most definitely not the one you have been dealing with on the lettings-side.

The only reassurance I can offer you is that every penny it costs you to get shot of this lousy, lying tenant can be offset against the rental-income for tax-purposes, so the final figures may not be so unfavourable.

Thank you for your advice. We wont be loosing any money as we are happy to continue to let him stay in the house until his tenancy end date which by that time I will be getting a wage and we will be able to afford the remortgage again. There is a thread on here from a gentleman about selling a house we are taking the advice he has offered and look forward to hopefully a stress free sale. X

jjlandlord

G_M wrote: »

I've also seen tenancy clauses saying that the tenant must get the property professionally cleaned at the end of the tenancy. And that the tenant cannot have more than 2 guests round at a time.

That does not mean the tenant has to comply wih unenforcible clauses.

I would not put all these clauses in the same category.
Allowing viewing is valid but near impossible to enforce if T changes the locks, professional cleaning can be valid and enforceable depending on the circumstances an drafting. The one related to guests is indeed bs.

At the end of the day the tenant can decide to comply or not with any clause and it will be for a court to decide which are valid.
But a tenant is expected to comply with the terms he agreed to.

franklee

Mumto3cheekymonkeys wrote: »

We wont be loosing any money as we are happy to continue to let him stay in the house until his tenancy end date which by that time I will be getting a wage and we will be able to afford the remortgage again.

You made the decision to let him live there when you granted the tenancy. As for the "tenancy end date" I suggest you do a lot more reading up. Try searching for gate keeping and being intentionally homeless if rent isn't paid. I trust you've sent the tenant a statement of rent and reminder of rent due? Also if it gets to the point where he owes two months rent I suggest you serve a section 8.

jjlandlord wrote: »

But a tenant is expected to comply with the terms he agreed to.

Not so sure about that as so many agreements have unfair clauses if you go by OFT356. It would hardly be possible to rent through an agent if discounting them all so practically sometimes all a tenant can do is sign up and argue afterwards. It would help if there were fair standard contracts in widespread use and if landlords had realistic expectations about what handing over possession to someone (in return for substantial payments) means. E.g. putting a property on the market two months into a six month tenancy isn't on IMO, especially if it was originally intended to be a long term let. It is after all a tenant's home.

Mumto3cheekymonkeys

We did not intentionally allow them the property and then to sell, we pretty much have no choice. Our standard of living is very poor atm and we tend to have little money left after outgoings so I guess you could call me selfish but I am looking after number 1 which is my family and I want to give my boys a good standard of life. I suppose our big mistake was believing the advice we were given and not looking into it ourselves. While we have every sympathy for the tenants we do believe we have mislead and believe the gentleman who is on the tenancy doesnt actually live there but has got the house for his children while they finish there studies. These children are 16 and 17 but we are not happy about them being there on there own. We believe he has property elsewhere as he has no furniture in the house only what we left so only kitchen appliances and a sofa and dining table, they have air beds. none of his clothes are there and although he is claiming HB and CTB he has 3 cars which are personalised to him and are worth well over £30,000. none of his daughters drive either.