We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Trying to sell a "let out" Flat - viewings with tenants in place

2

Comments

  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 28 June 2012 at 10:05AM
    Tenant have no obligation to allow viewings at all. Even if they do, you cannot gag them to prevent them talking to potential buyers - they are not going to do you any favours and sell their home out from under themselves are they. Think about it! They can tell buyers its a horrible place to live, antisocial neighbours, dogs barking at all hours, drunks outside all night - you name it!

    They are also under no obligation to present the place well - unhoovered floors, unmade beds, dirty dishes in the sink, last night's curry still in the air - its their home, they can live how they choose!

    Buyers can also be put off, as even if you only give a 6 month tenancy, there is no guarantee tenants will leave without a long, costly court possession application, and no-one can proceed to buy with a residential mortgage unless thye can guarantee vacant possession.

    My advice would be to clean the place up, present it well and empty with a realistic price and sell it quickly. A fast, hassle free sale will far outweigh the rent you will get, versus the hassle of delaying or even preventing the sale if tenants are there.
  • amcluesent
    amcluesent Posts: 9,425 Forumite
    Yep, best allow tenants to leave then get it into 'walk in' condition before offering for sale.

    The last thing you need is 'professional' tenants who kick-off when you want to show the property
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Even if you find tenants who say they only want a short term let, and agree to, say, a 3 month tenancy, you still cannot serve them a S21 Notice (step one in eviction) until 6months have passed.

    Tenants can refuse access for viewings, for surveys etc.

    Tenants do not have to keep the place tidy/clean and suitable for viewings.

    Buyers (unless also landlords) will never Exchange contracts till the tenants are out. And for this reason most buyers won't waste their time even viewing a property with tenants, since they know it can take months to evict tenants.

    You can't have your cake and eat it (rent income for mortgage AND find a buyer).

    Either rent, or sell. Not both.
  • GDB2222
    GDB2222 Posts: 26,526 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you're that lucky, you might as well buy a lottery ticket :-)

    I'm very lucky, but I've never won the lottery. However, your post does give me a clue as to where I've been going wrong. ;)
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Yorkie1
    Yorkie1 Posts: 12,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    G_M wrote: »
    Even if you find tenants who say they only want a short term let, and agree to, say, a 3 month tenancy, you still cannot serve them a S21 Notice (step one in eviction) until 6months have passed.

    Tenants can refuse access for viewings, for surveys etc.

    Tenants do not have to keep the place tidy/clean and suitable for viewings.

    Buyers (unless also landlords) will never Exchange contracts till the tenants are out. And for this reason most buyers won't waste their time even viewing a property with tenants, since they know it can take months to evict tenants.

    You can't have your cake and eat it (rent income for mortgage AND find a buyer).

    Either rent, or sell. Not both.

    One minor clarification. You can serve a (valid) s.21 at any time after any deposit has been protected and the prescribed information served on the T. You don't have to wait 6 months before you serve it. However, it can't expire until the end of the fixed term / break clause (6 months or whatever the term of the tenancy was).
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yorkie1 wrote: »
    One minor clarification. You can serve a (valid) s.21 at any time after any deposit has been protected and the prescribed information served on the T. You don't have to wait 6 months before you serve it. However, it can't expire until the end of the fixed term / break clause (6 months or whatever the term of the tenancy was).
    Yeah yeah you're right of course Yorkie - I was simplifying to get across the salient point: that a 3 month tenancy does not mean LL can start evicting at 3 months.

    (Am I being condescending again? Must control keyboard!)
  • Yorkie1
    Yorkie1 Posts: 12,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    G_M wrote: »
    Yeah yeah you're right of course Yorkie - I was simplifying to get across the salient point: that a 3 month tenancy does not mean LL can start evicting at 3 months.

    (Am I being condescending again? Must control keyboard!)

    :rotfl:

    Think my condescension filter must be switched off tonight ;):rotfl:
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Any vendor who thinks they can collect rent from a tenant and find a buyer willing to both pay a reasonable price and wait months and months while the landlord gains possession is out of their mind. Or a damned fool who won't listen to sensible advice.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Benji wrote: »
    Buyers would not be granted a residential tenancy on a property that is let out at the time of completion.
    ??? My bolding. Mortgage rather than tenancy?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Yorkie1 wrote: »
    One minor clarification. You can serve a (valid) s.21 at any time after any deposit has been protected and the prescribed information served on the T. You don't have to wait 6 months before you serve it. However, it can't expire until the end of the fixed term / break clause (6 months or whatever the term of the tenancy was).
    Worthwhile clarification because otherwise some poor numpty may wrongly believe that they cannot serve a s21 before the initial 6 month term :) is up
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.