Landlord woes

cycleworks

Hi, I am new to this site so please go easy on me... I have a property that is currently rented out. I plan to sell the house when the tenancy agreement runs out. I need to complete some works on the house in order to sell.Ideally I would like to start the work asap. The tenant has got wind of this somehow ( agents) and has said they will not be available to let any trades into the house. They will let the trades in if I give them a longer tenancy agreement. It really feels like I am being blackmailed. Can I carry out the works via letting the agent open up for the trades, against the wishes of the tenant.:(
Many thanks

Kevie192

Doubtful. But what does the tenancy agreement say and what have the letting agents said when you've asked them this question?

I can't say I blame the tenant. I'd be awkward too if I knew you were selling my home from under me. Perhaps you could offer a 50% discount for the remainder of the tenancy if they'll allow the tradesmen in?

Alternatively, you could stop trying to have your cake and eat it and serve the tenants the appropriate notice, doing up the property and putting it up for sale when they have moved out.

cloo

No, I don't think you can get them in if the tenant says no - it is, in terms of living, their house, and you don't have the right to disturb their enjoyment of it while there are there.

What sort of works are you talking about? It would be easier and safer to show it without the tenant there (as seems to be your plan) so could you bear the time it takes to do this work without the rental income? Or alternatively save yourself the work and let it be the buyers' problem?

If it's major work, you shouldn't be doing it with the tenant in situ anyway, if it's minor work, presumably it won't take so long that you can't bear the loss of rental income?

There is also good old fashioned talking to the tenant. Do they know you are selling? Could you say you won't give them longer and fess up you're selling, but offer reduced rent for the final month if you want to get works done (providing they're not going to be unreasonably disruptive)?

nomoneytoday

It's their home. IMHO you should wait until it's yours again before starting the works..

journeymanpro

so essentially you want to have your cake and eat it?

why should your tenant play ball just to be kicked out when the property is nice enough to sell?

fairy_lights

What sort of work do you want to carry out? Unless it's essential repair work I don't see why you tenant would be willing to let Trades people in to their home. Why should they agree to their lives being disrupted, for work that won't benefit them in any way?

quidsy

What kind of tenancy do they have? Has it gone from AST period. Did you protect their deposit within the legal timeframe with one of deposit protection schemes?


You need to basically know if you can issue them an evection notice, do it then wait till they have moved out. The do the work & sell the house.


Expecting them to be available to workmen for xxx of time is unreasonable, especially as they know work is being done in order to sell & thus forcing them to move.


Don't try to have your cake & eat it too. Evict them legally, do the work, sell.

G_M

It is their home, and they have a common law right to 'quiet enjoyment' of it. ie no undue interference/interruption to their normal lives.

Your contract with them may grant you some rights eg to provide access in the last month of the tenancy for viewings, and statute grants you rights of access eg in emmergency. And of course you also have legal obligations to gain access for essential work (gas safety reports, fixing leaking roof etc)

But in this case it sounds like you want to disrupt their right to quiet enjoyment simply for your own financial gain - to have the property spick and span for sale the day the tenants vacate.

It is not simply a question of them having to be there to let contractors in (unless they agree); Nor is getting the agent to let contractors in a solution (unless the tenants agree), since many people understandably do not want strangers in their home in their absence.

As others have said: cake & eat it.

If you really want to do this, sweet talk them, and offer a reduced rent in compensation for the disturbance. Better that than trying to trample their rights and alienate them which can back-fire in a multitude of ways....

Otherwise:
* serve proper notice
* end the tenancy
* fix the place up
* sell

Guest101

Other posters are right.

You no longer have the rights you need to the property to carry out the work (the tenancy agreement may have some repair clauses, but it is unlikely to stretch to the work you require)

This may also be applicable to viewings, so it's best to keep tenants on side.

You say tenants somehow got wind of this - but you would not (and i hope you never do) enter their property without any notice and hence evenrtually they wouldve found out.

a few options exist for you:

1: sell to the tenant
2: offer the tenants discoutned rent in exchange for work and viewings
3: evict the tenants (seems you arent as they are still FT)
4: sell as is (might still need to reduce rent to allow viewings)

Marvel1

As said, you would be easier to issue correct notice and wait until they leave to do the works and then sell.

cycleworks

Thanks to all of you for your helpful replies. You are quite right and maybe I was not seeing it from the tenants side. Clearly cake and eat it was what I was trying to achieve here. Many thanks again folks for your help. ��