Tenants refusing access

Word_1503

Pmlinyloo - that's very helpful & lots for us to consider.

Yes section 21 was issued.

Up until now we've had a very good relationship with the tenants & hoped it would continue.

We have our 'eviction plan' all sorted ��

AdrianC

Word_1503 wrote: »

Up until now we've had a very good relationship with the tenants & hoped it would continue.

<shrug> This is a business relationship, no more than that. You need to terminate it ANYWAY, so...?

G_M

You have several choices:

1) Check the S21 is valid, wait till it expires, evict, then market and sell

2) Accept their reasonable offer of working hours access and progress your sale

3) Offer an incentive - reduced rent and/or deposit, in return for increased access

4) Sue them for double rent (no guarantee!) under the Distress For Rent Act 1747 S18Use that as a bargaining tool

5) Sue them under contract law for your losses (the contract says exactly what about access?) and/or get a court access order

6) Bear in mind if the sale falls through, they may refuse access for any further viewings (and you're back to option 1)

7) Go round for tea. Take cake. Discuss amicably and see what other compromise/agreement you can reach

Personally I think your buyers are mad. I wouldn't be progressing the purchase till the tenants were gone......

martindow

Word_1503 wrote: »

We have our 'eviction plan' all sorted ��

Sounds a bit ominous - hope you're not sending some heavies around.

Have you read G_M's thread on ending tenancies?

https://forums.moneysavingexpert.com/discussion/5274150

If the tenants become awkward and don't leave on expiry of the S21 it can take some time to enforce their leaving.

I agree that you need to talk to them and reconsider returning their deposit early if that makes them more co-operative in leaving.

pinkshoes

How about offering them £20 to allow access at the weekend?

Their request for access during working hours is reasonable. They are entitled to quiet enjoyment, regardless of any T&Cs you put on the contract, so have suggested some times that suit them.

[Deleted User]

You have to understand that (particularly if the tenants are straining to manage the rent - need to find a cheaper place etc - and struggling to find anywhere, and you have refused to give them their deposit early) there is absolutely nothing to encourage them to speed up losing their home.

Try seeing it from their perspective - not to make you gullible.., but to enable you to see that reaching a compromise might be a good option.

You could even consider offering them more than the deposit to encourage them.., they have to pay admin fees, removal fees etc. They may not have money to cover this. It depends how much you want them out and how much you want to avoid court fees/bailiffs.

xylophone

If your tenants are working standard hours, it's rather surprising that they should want to take time off from work to allow access?

That said, if they are happy to do it, the agent and surveyor should have no problem with 9-5, and the buyer will need to arrange a late start/early finish at his place of employment.

sniggings

Word_1503 wrote: »

I really don't think it's a matter of having our cake & eating it. I'm suspecting though that given they have asked for their deposit back early & we said no, they are just being a bit awkward.

It's interesting though to hear what people do regard as 'reasonable' & I guess something that perhaps needs clarifying in future contracts. If for any reason, the shoe was on the other foot, I wouldn't mind carrying on with my day/weekend & letting the agent do what they need to do.

So it's reasonable for you to class working hours as "unreasonable" but it's unreasonable of the tenants to class the weekend as unreasonable...have I got this right?

They have offered you 40 hours a week for viewings etc yet you class that as unreasonable :eek:

HappyMJ

xylophone wrote: »

If your tenants are working standard hours, it's rather surprising that they should want to take time off from work to allow access?

That said, if they are happy to do it, the agent and surveyor should have no problem with 9-5, and the buyer will need to arrange a late start/early finish at his place of employment.

The tenants don't have to be at the property and probably don't to be forced outside on the weekend whilst people are wandering about the house or would feel uncomfortable sitting on the sofa watching whatever they are trying to concentrate on so would prefer viewings to occur whilst they're out....i.e during business hours. At least that's what I would do as a tenant.

bouicca21

Last year I was the tenant being asked to give access to would be buyers. I was cooperative, even assisted the agent in showing them round (and several said I did a better job than the agent, not difficult as he knew b&gger all about the neighbourhood or the property itself.

Never again. I would advise any tenant in the same position to insist on quiet enjoyment. If the landlord wants rent up to the last minute, takes no account of the fact that he's been given cooperation over and above what he can expect, expects tenants to put themselves out for viewings, then he deserves no consideration at all.