Landlord wanting his house back, various problems- advice needed please

brianposter

newsgroup_monkey wrote: »

I don't understand what the Health and Safety Executive would do about someone who doesn't know the proper way to ask people to leave.

The landlords request for the tenants to leave is perfectly normal - it simply does not have much legal validity.
The appropriate response is simply to get on and find suitable alternative accommodation at a reasonable pace (and keep the landlord informed from time to time).
Unfortunately this board is populated by a significant number of people who seem to think that it is appropriate to renege on informal agreements.

Doozergirl

brianposter wrote: »

The landlords request for the tenants to leave is perfectly normal - it simply does not have much legal validity.
The appropriate response is simply to get on and find suitable alternative accommodation at a reasonable pace (and keep the landlord informed from time to time).
Unfortunately this board is populated by a significant number of people who seem to think that it is appropriate to renege on informal agreements.

And clearly sone people who fail to recognise that landlords run a business. That comes with legal responsibilities, many of which involve keeping their tenants alive.

These people will not learn until someone teaches them that the rules are there for all landlords and that they aren't some special exception.

Comms69

brianposter wrote: »

The landlords request for the tenants to leave is perfectly normal - it simply does not have much legal validity.
The appropriate response is simply to get on and find suitable alternative accommodation at a reasonable pace (and keep the landlord informed from time to time).
Unfortunately this board is populated by a significant number of people who seem to think that it is appropriate to renege on informal agreements.

You mean people who consider that flouting the law is not a good thing?...

brianposter

Doozergirl wrote: »

And clearly sone people who fail to recognise that landlords run a business. That comes with legal responsibilities, many of which involve keeping their tenants alive.

I would suggest that landlords who are manifestly not trying to maximise their income cannot be considered to be running a business. Even the tax people may refuse to recognise a tenancy as a business transaction if it is obviously not for profit.

AdrianC

brianposter wrote: »

I would suggest that landlords who are manifestly not trying to maximise their income cannot be considered to be running a business.

You can suggest it, but it simply isn't true.

It's just not a very good business.

Even the tax people may refuse to recognise a tenancy as a business transaction if it is obviously not for profit.

Lots of businesses are "not for profit". Some of them deliberately.

If there's no profit, then there's no tax to be paid, so there's no need for HMRC to take a view on whether it's a "business transaction" or not.

Residential letting profits are taxable as income. Full stop. End of.

swingaloo

Update time.

To the poster who has said that the right thing to do would just be to up and leave- They wish to do just that, however it is not that easy either to find somewhere quickly and even once somewhere is found there are obstacles.

The latest thing to happen is that the landlord has ignored any request to speak, he will not answer emails although his daughter sends replies saying he is in hospital. The fact that my friends (the tenants) know he is actually working every day, and where, proves differently.

They have been to see a property and applied for it. The agent has sent them both an application form for the checks to go through as they use a company to do this.

Page 3 of the checks require the current landlords address, mobile and landline number and his email address. He has moved from the property they know he was last living in, his phone number is 'no longer available' and his emails bounce back. They have spoken to the agent they want to rent from and explained the situation but they understandably say they cannot process the application till they have his details.

They have explained this to the daughter as her email is the only way of contact and she has said 'He is not prepared to give out his personal details'. They think he is hiding from bailiffs and the like. But this just frustrates them being able to leave. They have been told the house will go on sale on 14th Dec either with the in it or not.

So my next questions.

Do they have to allow an estate agent in to take photographs or agree to have viewers?.

If an estate agent calls at the property are they within their rights to tell them that they are tenants and have not been served notice so the house would need to be photographer from outside only and also advertised as having sitting tenants?

They are so worried about this situation and to be honest they just want to get out but they need him to cooperate in order to do so which he does not appear to want to do.

Any further advice would be appreciated, thank you.

tealady

1) Tell them to sit tight and wait.

2)Read the sticky at the top regarding what happens in the case of repossessions.
They could be lucky and the new owner be a decent landlord.
They do not have to let estate agents in.

3) As has been said before CHANGE THE LOCKS!

Comms69

swingaloo wrote: »

Update time.

To the poster who has said that the right thing to do would just be to up and leave- They wish to do just that, however it is not that easy either to find somewhere quickly and even once somewhere is found there are obstacles.

The latest thing to happen is that the landlord has ignored any request to speak, he will not answer emails although his daughter sends replies saying he is in hospital. The fact that my friends (the tenants) know he is actually working every day, and where, proves differently.

They have been to see a property and applied for it. The agent has sent them both an application form for the checks to go through as they use a company to do this.

Page 3 of the checks require the current landlords address, mobile and landline number and his email address. He has moved from the property they know he was last living in, his phone number is 'no longer available' and his emails bounce back. They have spoken to the agent they want to rent from and explained the situation but they understandably say they cannot process the application till they have his details.

They have explained this to the daughter as her email is the only way of contact and she has said 'He is not prepared to give out his personal details'. They think he is hiding from bailiffs and the like. But this just frustrates them being able to leave. They have been told the house will go on sale on 14th Dec either with the in it or not.

So my next questions.

Do they have to allow an estate agent in to take photographs or agree to have viewers?. - No. Change the locks.

If an estate agent calls at the property are they within their rights to tell them that they are tenants and have not been served notice so the house would need to be photographer from outside only and also advertised as having sitting tenants? - They can say whatever they like. It's irrelevant

They are so worried about this situation and to be honest they just want to get out but they need him to cooperate in order to do so which he does not appear to want to do. - So ignore him. And also stop paying rent until they have an address in England or Wales where notice can be served.

Any further advice would be appreciated, thank you.

It's simple. The Landlord will be paying them lots of money to leave

swingaloo

Thank you for the replies.

Its as I thought but its always good to get 2nd opinions on here.

Just one query Comms69, you have advise 'Stop paying rent until they have an address for notice to be served'.

Wont that put them at risk of eviction after 2 months non rent payments as the landlord would have grounds?

Brilley

...Not suggesting that "not paying" is a good idea as it will go on their record and may influence future rentals? However, if they don't leave "voluntarily" it would normally take the courts to get them out via the "eviction" route anyway, and this could take months?

If they can find somewhere to go that they are happy with then it's probably best for them to go as and when they are ready. Also as the LL is being so unproffesional / awkward I would be tempted to see what he is prepared to offer as a "sweetner" for going.

The landlord can always put the property up for sale when he wants, but probably much less market appeal with "sitting tenants"?