Selling property and existing tenants

Cintrapark

I am trying to sell my apartment in London through local agents (I currently live abroad). The tenant's rent pays the BTL mortgage and they are currently being difficult about allowing viewings. Whilst they're not refusing them outright, they take a considerable amount of time to answer the agents' emails and refuse viewings if they're 'working from home' or wish to relax at the weekend.

I have thought about giving them notice (2 months) but then I'd be in a tough situation with respect to paying the interest only mortgage. Any suggestions? Am I expecting too much? Should I maybe decrease the rent ?

Thanks

macca1974

there will I'm sure be experts on shortly with specifics, but your tenants have no obligation to do viewings or to co-operate with your estate agents, also them being in the property is going to make it less attractive to buyers who will mainly demand vacant possession.

So you can issue them notice and hope that they leave after 2 months and then sell with vacant possession, whilst paying your mortgage yourself. This I would have thought would be the most sensible approach.

But, if I was your tenants, I would be looking for somewhere new at this stage and would also be less than bothered about being co-operative (as there is nothing in it for me). If you wanted to have your cake and eat it (i.e. keep getting rent to pay the mortgage up to the point of the sale, whilst having your tenants keeping the place ready for viewings), then I would expect you to seriously sweeten the pot for me. So would be looking for a serious reduction in rent, my deposit returned in full and a commitment of a fantastic reference. I would also expect some degree of flexibility with regard to agreeing a leaving date if I found somewhere new.

booksurr

yes you are expecting too much

do you have a UK agent/representative - ie the address in the UK which you are legally obliged to give them or you cannot charge them any rent at all seeing as you are overseas and expect them to do your work for you!

- a rental discount would be an obvious way to improve relations

- I hope you have registered correctly with HMRC given your non resident status and your apparently tight finances

Pixie5740

The tenant sounds like an absolute git. Wanting to work in peace and to relax in their home at the weekend. How unreasonable!

Not everyone sits glued to their email all day. The tenant is allowing viewings so you could try arranging dates and times in advance which suit the tenants especially if you sweeten the deal with reduced rent. Then the estate agent could offer these dates and times to prospective buyers. If that doesn't work then issuing a Section 21 and marketing once the tenant is gone would be the way forward.

[Deleted User]

If you want them out, consider paying the deposit quickly and giving a good reference as suggested earlier.., otherwise if they can't find somewhere else (because of a lack of deposit or bad reference) they could be forced/decide to wait until they absolutely have to leave which is after you go through the courts for a possession order and bailiffs warrant to evict them. Watch the latest episode of Nightmare Tenants Slum Landlords if you can access it, it shows a tenant manipulating the system very well (not saying you are a slum LL at all), although it also looks like the LL didn't know what they were doing either. Took the LL 8 months to get the tenant out, the minimum for the process is 3-4 months. And the tenant may not pay rent during this process (it does happen).

This will cost you £390 although the court will instruct the tenants to pay, you will have to pay the court fees upfront.

As the tenants are allowing some viewings.., although quite rightly insisting on their right to 'quiet enjoyment' it might be better for you to go for the 'sweetener' approach, and arrange regular times when they will allow viewings.

lewishardwick

"Do you you mind someone viewing in 20mins?"
"Can we bring a few viewers round tonight?"
"Can you be out of the property between 8-11 and 1-4 this Saturday?"
"Can you leave keys under the mat for us?“!!!

I had all that in one week when living in a rental that was on the market. Completely unreasonable.

I agreed open days for a set time frame on set days. Much easier to manage for all involved.

Perhaps it's best you're selling, you don't sound suited to being a LL!

Guest101

deannatrois wrote: »

If you want them out, consider paying the deposit quickly and giving a good reference as suggested earlier.., otherwise if they can't find somewhere else (because of a lack of deposit or bad reference) they could be forced/decide to wait until they absolutely have to leave which is after you go through the courts for a possession order and bailiffs warrant to evict them. Watch the latest episode of Nightmare Tenants Slum Landlords if you can access it, it shows a tenant manipulating the system very well (not saying you are a slum LL at all), although it also looks like the LL didn't know what they were doing either. Took the LL 8 months to get the tenant out, the minimum for the process is 3-4 months. And the tenant may not pay rent during this process (it does happen).

This will cost you £390 although the court will instruct the tenants to pay, you will have to pay the court fees upfront.

As the tenants are allowing some viewings.., although quite rightly insisting on their right to 'quiet enjoyment' it might be better for you to go for the 'sweetener' approach, and arrange regular times when they will allow viewings.

Just to say that courts do not have to award costs, in 99% of cases they do award them.


I wouldn't call it playing the system, since eviction is a legal process, it's no different than chasing an invoice. Do things properly and the law is on your side.

DaftyDuck

Aside from wondering about the [STRIKE]legitimacy[/STRIKE] legality of selling your tenants :eek:... yes you are being unreasonable. If you do need to do viewings while the property is still tenanted, I'd strongly suggest a different approach.

Something along the lines of initially agreeing with the tenant what days/times suits them best, if there is a regular time. Then, for each viewing they allow and make the property tidy, offering a financial incentive. My neighbouring LL offered a decent pub supper when a viewing was arranged. Went down a treat, house was immaculate (including flowers). Sold within days, after ~two viewings.

But, given you are selling in London, if it's sensibly priced, it will sell within a couple of weeks. So, sell it vacant, get a better price too.

Mind you, end the tenancy PROPERLY.....

theartfullodger

Cintra:

It wasn't clear if you realised simply selling a place doesn;t end tenancy: Nor does it require tenant to leave. The new owner just become the new landlord, even if they are sitting outside with huge removal van, screaming husband and 3 bonkers kids..

Your tenant is in a very strong negotiating position to stuff your plans: You need to start being nice to them: I'd start with substantial rent reduction, but also serve s21. Actually I'd evict tenant 1st (or pay them to leave) then sell with vacant possession having tarted the place up 1st - likely to get a better price & be more attractive to more buyers.

Was deposit protected & PI served within 30 days of them paying it? When did they 1st move in? If you don;t know what PI is assume you owe tenant 3xdeposit...

Cheers!

Marvel1

Sorry to be blunt but you can't have your cake and eat it.

I don't blame the tenants, they want quiet enjoyment and entitled to it.

The best way is to work with them suitable dates and reduced rent for the inconvenience and also serving a section 21.

Cintrapark

Thanks for your comments. I'm not sure I understand where the legal issues lie here? The apartment is being let out by the book - i have an agent looking after it, they have signed a shorthold tenancy agreement and the notice period right now is two months.

All rent is filed with the HMRC and I make sure that the agent emails the tenants asking to come view the apartment. 3-4 days notice is always given by the agent.