Nightmare Tenants - what can we do?

b_girl

Just hoping for some advice on what would be the best thing to do with our nightmare tenants...

Background -
We moved from our property last year due to job losses and no longer being able to afford our mortgage (we now live in a cheaper rental property). We decided to privately rent it out as we weren't in a position to sell at the time.
We have had one set of tenants and never had any bother, they moved out in January due to relocation - nothing to do with the house.
New tenants have been in two months now and problems started straight away. They contact us at all times of the day and night to make complaints about things beyond our control i.e. salesmen coming to the house and apparently scaring them, neighbours dog, hearing that the house was broken into a couple of years ago etc. We've just been fielding their contact and explaining that we can't help those things. They have brought up some issues that needed sorting and we have sorted these in a timely manner and they've been happy.


On Easter day they contacted us again asking for a reference and their deposit back (they are only 2 months into the 6 month short term tenancy which all parties have signed). We explained that they could not leave until the 6 months stated on the contract (or they could but would still have to pay the rent). This went down like a lead balloon obviously. DH and I discussed the situation and decided that we would like to sell as being landlords is not for us - we would like to buy somewhere else ourselves now that we are in a better situation. We told the tenants and now they are being extremely awkward (which we expected).

They are refusing to allow potential buyers to look around or even for a valuation to be done by an estate agent. They are demanding that all they are part of all decision making in the buying process!! They have been so rude and aggressive to the estate agent today that they are now refusing to deal with it and will not sell the property for us.

It has come to light today that when they said they didn't want to carry on living there it was a bluff to get us to sort out these problems - talking to to the neighbours and making the property more secure (despite the fact there is a burglar alarm and the gate has a bolt and padlock). So now they are annoyed that we have accepted their notice and wish to sell and are saying they are moving out by the end of the month and not paying the rent.

We have contacted CAB who can't advise on it. My question I suppose is what would you do? Do we have any rights over letting people come to view the property?

Many thanks to anyone who can advise.

somethingcorporate

It is their house whilst they are in the property under a tenancy agreement so they can make it difficult to allow you the access you need to sell the house.

Get them out quickly and sell it whilst it is empty or move back in whilst it sells rather than leaving it empty if you cannot afford it empty.

DTDfanBoy

You've got problem tenants and a property you want to sell.

Why not release your tenants early from the contract and put the place on the market, trying to sell the property without tenants in place will be a lot easier and will enable you to get a much better price.

ognum

IMO it is pointless trying to sell if the tenants are not on board. Wait until the house is empty and then sell. This clearly has a cost implication but far better this way than having tenants slag you off to prospective buyers.

teddysmum

Why not just let them go, if you find them so difficult ?

b_girl

Thank you all for your advice. I think you are right. According to them they've had a full structural survey done on the property and it's come back that there is subsidence which they've been telling anyone who will listen. We are requesting a copy of this report to see what it says exactly. So goodness knows what they'd be telling prospective buyers!

benjus

Just cross your fingers that they do move out at the end of the month as they say they will and that they don't trash the place. Then change the locks, sort out anything that needs sorting out, and put the place on the market.

If they don't pay the rent you can probably deduct this from the deposit; if they owe more than the deposit either through unpaid rent or damage to the property you would have to use the courts to claim this.

But the main thing is just to regain possession of the property.

Some landlords like to have their cake and eat it by trying to get the tenants to move out just in time for sale to an owner-occupier. This is very risky as the tenants could simply refuse to move, which could set the process back by months and could easily mean losing the buyer. So it's risky even with cooperative tenants; with tenants as difficult as yours seem to be I wouldn't dream of doing it - wait until it's empty to market it for sale.

CometesseDeSpair

Your tenants have the right to quiet enjoyment of their home - which includes the right of possession and the right not to have anyone, including you, enter the property unless it constitutes an emergency or is for a legally stipulated purpose(i.e. to perform an essential repair or to carry out a gas safety check)

This means that, until their tenancy expires, your tenants have no obligation at all to allow anyone to come and view the property or to allow agents access for valuations or surveys. This is the case regardless of any clauses contained in the tenancy agreement which state to the contrary: a tenancy agreement does not override the law.

If you really want to sell the property as soon as possible then try adding a sweetener: a rent reduction in return for them allowing reasonable viewing access, or the option to terminate the tenancy early. Personally, if they're being awkward and telling viewers that there's subsidence, I'd just accept their notice to leave and market the property empty. Not that I imagine many viewers are taking them seriously, anyway: disgruntled tenants trying to block a sale is common enough and I've never heard of a tenant whose been in a property for just a couple of months shelling out for a full structural survey.

RAS

And why would tenants get a full structural survey on a house??? costing £100s?

Have you agreed an early surrender in writing? If so for what date?

benjus

One important point - do you have it in writing that they intend to move out at the end of the month?

If they really wanted to make life difficult for you, they could move out and then claim that you unlawfully evicted them, unless you have it in writing that they are surrendering the tenancy.

b_girl

I just spoke to my DH and he agrees we need them out. We will just have to work finances out and do the best we can. My only fear now is that they'll refuse to move out early just to be awkward! Hopefully not as I'm sure they'll want to find somewhere else.

Will update later - thank you all for great advice!