PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Landlord selling house
Options
Comments
-
I would give them a list of times and dates suitable for you, and you don't need to be there either. It's your home while you are in it, and I do see why you are irked because they haven't acted professionally (as you say it's a business).
From what I can make out, the op hasnt done anything wrong here.0 -
You can't have it both ways. You were offered a new fixed term but declined. A periodic tenancy gives you more flexibility but less security.
Regarding your plan to let out your current home and leave a tenant be are you aware you'll have to pay the higher rate of SDLT when you purchase your next home and will have a limited timeframe in which to reclaim the additional SDLT?
I think I may not have been clear. We were asked in September, prior to the expiration of our fixed term, if we might want to extend the tenancy for a further 6 months. I explained that we had accepted an offer on our property and made an offer to purchase a property however I was currently unable to either give notice or sign another term because neither were a certainty.
2 weeks later (if that) our house sale fell through and I asked the letting agent know that we were now in a position to sign a tenancy. She left it telling me not to worry, she was sure her landlord would agree but she had to get the go ahead from her. A week later, without telling us (or responding to our request either way, and ignoring subsequent messages asking for a response), they advertised the property for sale. They've only told us 6 days later because they have a viewing and need our permission. The letting agent very nicely told me she thinks its highly unlikely we'll get our notice to move before Christmas (I explained my husband works in retail, its his busiest week of the year. I'm an accountant in practice, December/January is the busiest time of my year. We have 2 children under the age of 5 who will suffer if we have to move 3 days before Christmas). Its a bit of cat and mouse I feel at the moment - they don't want to let us know what they're doing incase we had our notice in. I shouldn't let them know what I'm doing, but I'm actually trying to be nice about it and give them warning.
As far as buying another property goes, it's a totally separate issue. We cannot afford to keep an empty house on the market paying a full mortgage - we can only remortgage if we do it as a BTL, and that means intending to let the property. We have a 2 year ERC on this mortgage so it isn't in our interest to sell within that time. In 2 years, we will likely have saved enough to buy a new property (including the extra SDLT if that's still applicable) and will retain it as a rental investment until such time as a tenant decides to hand their notice in and then we will try to sell. This isn't actually relevant to my situation as a tenant though, I've only included it for context of the situation. Again, perhaps I've just overshared and it is coming back to bite me!0 -
Without knowing the full details of your mortgage, if you wish to keep the residential mortgage until the ERC is up and let the property in the meantime then you really need to get consent to let from your lender. There's a good chance you will get that in your circumstances IMO.Kim.wigley wrote: »I think I may not have been clear. We were asked in September, prior to the expiration of our fixed term, if we might want to extend the tenancy for a further 6 months. I explained that we had accepted an offer on our property and made an offer to purchase a property however I was currently unable to either give notice or sign another term because neither were a certainty.
2 weeks later (if that) our house sale fell through and I asked the letting agent know that we were now in a position to sign a tenancy. She left it telling me not to worry, she was sure her landlord would agree but she had to get the go ahead from her. A week later, without telling us (or responding to our request either way, and ignoring subsequent messages asking for a response), they advertised the property for sale. They've only told us 6 days later because they have a viewing and need our permission. The letting agent very nicely told me she thinks its highly unlikely we'll get our notice to move before Christmas (I explained my husband works in retail, its his busiest week of the year. I'm an accountant in practice, December/January is the busiest time of my year. We have 2 children under the age of 5 who will suffer if we have to move 3 days before Christmas). Its a bit of cat and mouse I feel at the moment - they don't want to let us know what they're doing incase we had our notice in. I shouldn't let them know what I'm doing, but I'm actually trying to be nice about it and give them warning.
As far as buying another property goes, it's a totally separate issue. We cannot afford to keep an empty house on the market paying a full mortgage - we can only remortgage if we do it as a BTL, and that means intending to let the property. We have a 2 year ERC on this mortgage so it isn't in our interest to sell within that time. In 2 years, we will likely have saved enough to buy a new property (including the extra SDLT if that's still applicable) and will retain it as a rental investment until such time as a tenant decides to hand their notice in and then we will try to sell. This isn't actually relevant to my situation as a tenant though, I've only included it for context of the situation. Again, perhaps I've just overshared and it is coming back to bite me!
Plus the relevant landlord's insurance.
I am slightly worried you intend to let your place knowing so little about deposit protection etc. I guess you intend a letting agent to fully manage. However as your renting experience shows letting agents aren't necessarily that efficient and the buck stops with the landlord. So time to gen up as that will benefit you both as a landlord and tenant.
Frankly I give you the benefit of the doubt and assume you will treat your tenants as you wish to be treated as a tenant. You will understand where they are coming from.
Did you check the DPS website and do they have your deposit? It sounds to me like you weren't given the deposit prescribed information (loads of stuff that tells you how the scheme works, rules of the scheme etc.) which would make any S21 notice invalid if it is served before the deposit stuff is put right. If so I would keep that up your sleeve as the sooner you alert your landlord to any shortfalls the sooner they can put it right and serve a fresh potentially valid S21.
That said I do not think you are in the last 2 months of the tenancy yet are you, no S21 served yet? So presumably not viewing time yet anyway. Course if you mention that it may hasten the service of the S21. Tricky call.0 -
My house is an entirely seperate issue. You are right in that I’m very unclear about things - I’m trying to educate myself (through official channels as well as through here), and yes we are using a letting agent. The property is based in Wales so is covered by RentSmart Wales (for as much as that’s worth - I haven’t done the licensing course because we’re using an agent, but I’m presuming that’s to teach you your rights and responsibilities as a landlord). As per the mortgage - the residential has expired, CTL denied and a BTL mortgage is the only way to proceed. We’ve had 2 house sales fall through at the eleventh hour this year, and I cannot afford an empty house again for that length of time with full repayment mortgage so we’ve dealt with that.
Our deposit is protected with DPS. It may have got lost in the replies, the tenancy began on 23/04, the deposit was protected on 05/07 (supposedly due to an admin error but that’s fairly irrelevant the more I look into it) as per the certificate. I don’t believe I have ever received particulars, my AST states it to be held in DPS and I’ve had an email from the scheme to sign up.
Our fixed term expires on 22/10 at which point we revert to a periodic tenancy whereby we need to give 1 month notice, the landlord 2 months.
We are now looking at moving - finding another property isn’t proving to be as easy as “just move”. I’ve also sent an email to explain how difficult 5.30-5.45 will be given our working patterns and the children, suggested an alternative time (daytime on Friday), and the response I had merely says “think it needs to be 5.30-5.45 as the lady works”. Well, unfortunately so do we so it’s difficult to allow someone into our home at those times with so much else going on. I still haven’t received a formal request in writing, nor have we been informed in writing of the intention to sell (as per the AST).0 -
Sorry franklee I’ve also misread your post.
No S21 served yet. The letting agent has been open and told me that will only happen once they have an acceptable offer. My AST provides for me to allow viewings at a reasonable and convenient time in the last 2 months of my tenancy, or if the landlord wishes to sell and has informed me in writing.0 -
Kim.wigley wrote: »I think I may not have been clear. We were asked in September, prior to the expiration of our fixed term, if we might want to extend the tenancy for a further 6 months. I explained that we had accepted an offer on our property and made an offer to purchase a property however I was currently unable to either give notice or sign another term because neither were a certainty.
You have been clear. You were offered a new fixed term contract but it didn't suit you at the time so you didn't accept it. Now it doesn't suit the landlord to continue letting the property out longer term.Kim.wigley wrote: »2 weeks later (if that) our house sale fell through and I asked the letting agent know that we were now in a position to sign a tenancy. She left it telling me not to worry, she was sure her landlord would agree but she had to get the go ahead from her. A week later, without telling us (or responding to our request either way, and ignoring subsequent messages asking for a response), they advertised the property for sale. They've only told us 6 days later because they have a viewing and need our permission. The letting agent very nicely told me she thinks its highly unlikely we'll get our notice to move before Christmas (I explained my husband works in retail, its his busiest week of the year. I'm an accountant in practice, December/January is the busiest time of my year. We have 2 children under the age of 5 who will suffer if we have to move 3 days before Christmas). Its a bit of cat and mouse I feel at the moment - they don't want to let us know what they're doing incase we had our notice in. I shouldn't let them know what I'm doing, but I'm actually trying to be nice about it and give them warning.
This is mostly just noise. Should the landlord and/or the agent acting on his behalf communicated the situation better to you and sooner, yes but neither of them did. Should they be giving you notice in writing? Yes they should because that's what it says in your tenancy agreement and I think it is absolutely right that you go back to them on that point.Kim.wigley wrote: »As far as buying another property goes, it's a totally separate issue. We cannot afford to keep an empty house on the market paying a full mortgage - we can only remortgage if we do it as a BTL, and that means intending to let the property. We have a 2 year ERC on this mortgage so it isn't in our interest to sell within that time. In 2 years, we will likely have saved enough to buy a new property (including the extra SDLT if that's still applicable) and will retain it as a rental investment until such time as a tenant decides to hand their notice in and then we will try to sell. This isn't actually relevant to my situation as a tenant though, I've only included it for context of the situation. Again, perhaps I've just overshared and it is coming back to bite me!
I mentioned the higher rate of SDLT because it's noble to say you won't follow the process to end a tenancy and let the tenancy run until the tenants decides to end it but I don't believe that you will forgo the opportunity to reclaim thousands in tax to suit a tenant. Perhaps I'm wrong. Is the ERC on your mortgage greater than the additional SDLT you will need to pay?
Your talk of switching to a BTL mortgage rather than asking your lender for consent to let and some of your comments about how a tenancy can be ended and deposits give the impression that you have done zero research into becoming a landlord yourself. I know it's not what your thread was originally about but please, before you become a landlord educate yourself for your sake and the sake of your tenants. The country doesn't need another amateur landlord and you are getting first hand experience of what it's like to have one.
Read G_M's New Landlords: advice information and links, taken from his overall Guides for Landlords and Tenants: Tenancies in England and Wales.0 -
So you would have been happy to go if your property had sold and you'd bought somewhere local but because its fallen through and you now want to stay you are finding ways to be as difficult as possible?
A 15 minutes visit is nothing. You don't need to show them, let the agent do it whilst you get on with what you'd do anyway.
But I expect you are set to make everything as unpleasant as possible because if things are going wrong for you, it's only fair it should go wrong for others too.0 -
Kim.wigley wrote: »I’ve also sent an email to explain how difficult 5.30-5.45 will be given our working patterns and the children, suggested an alternative time (daytime on Friday), and the response I had merely says “think it needs to be 5.30-5.45 as the lady works”. Well, unfortunately so do we so it’s difficult to allow someone into our home at those times with so much else going on.
Why is it "difficult"? Apart from opening the door you need have no involvement with the viewing, it's no different to, say, to having someone around to measure up for carpets whilst you get on with whatever . However having said that you are perfectly within your rights to just say "no" to that time and you hold the whip hand in the form of not having to open the door
I can see an S21 heading your way very quickly and I guess you'll be looking for another rental now to move into after Christmas as realistically they can't get you out before then.0 -
AnotherJoe wrote: »Why is it "difficult"? Apart from opening the door you need have no involvement with the viewing.
As long as the people viewing don't want to see the bathroom while the little ones are in the tub, or their bedrooms when they're tucked in with lights out.0 -
As long as the people viewing don't want to see the bathroom while the little ones are in the tub, or their bedrooms when they're tucked in with lights out.
It's 545 and they've just got in. It's dinner time. Anyway she can simply say "no" to this time of day, no reason she should put the prospects convenience above hers. I just happen to think she's making a mountain out of a molehill because she's aggrieved at the LL.
If this was her house she was selling and the prospect couldn't make other times somehow I don't think it would be an issue, or indeeed she'd tidy up that morning and take the kids out for a pizza while the viewing happened.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards