Selling property - access issues.

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    Selling property - access issues.

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant ast

    Q3 – What date did current TA start dd/mm/yy? 07/04/2011

    Q4 – How long was initial fixed term (6/12/24 months / other)? 6 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? Monthly rent on 7th.

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Deposit paid 1 month

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). Sec 21 hand posted on 06/08/20

    Q8 – Does the landlord live in the same property as the tenant? No

    Hi, as you can see I have been fortunate to have my tenant for over 9yrs. She told me last week that she wanted to move out then changed her mind and said she wanted to stay for a few more months. This coincided with my plans to sell. I have issued the sec 21 which will be 3 months notice. My estate agent has contacted her to arrange a survey/photos etc but has told them she will need 1 month to get the property ready and also due to a 2 week holiday.

    I have had minor problems over the years and I fear this is going to be a frustrating process.

    My ast specifies that she has to allow prospective new tenants/purchasers to look at the property with 24hrs notice 'during the last month of the tenancy'.

    What are your thoughts?

    She is on a periodic tenancy now so is she in the last month? Can I enforce a quicker survey?
    Or should I accept the delay and wait to put the house on the market on the assumption she likely force me down an eviction route come November?

    Thanks

    #2
    You can forget your ast clause about allowing new tenants/purchasers to view.
    You have no idea which is the last month of the tenancy, the periodic tenancy is a single tenancy, not a series of individual monthly tenancies.
    And it doesn't extend to estate agents, surveyors and photographers.

    I'd give the tenant the time they've asked for, they seem to have indicated that they plan to leave soon anyway, so that seems positive.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      I would be more inclined to give her 48 hours notice of a property inspection just to see what you're dealing with.

      If she is especially house proud, you have no worries but at least you will find out what the place is like.

      Assuming the property condition is all OK, write to her to advise you will be re-visiting with tradesmen (the surveyor, estate agent etc) on x day at x time to discuss a periodic maintenance schedule.

      Others can answer the technicalities of notice periods etc

      Comment


        #4
        To be honest, after 9 years of rent she probably deserves to be left in peace until the end of her tenancy. I know that is frustrating but you Weill be able to present the property better empty and maybe get a higher price. Potential buyers will be more confident of vacant possession if she has already left.

        Good luck

        Comment


          #5
          Good advice from jpucng62.

          Comment


            #6
            jpucng62,

            My thoughts exactly. It's only a few months, which would probably be the amount of time it would take you to seek possession and get her out anyway (especially if she drags it out)

            Comment


              #7
              Thanks for your replies.

              I have decided to accept her stance and wait until September for the access.
              I am trying to keep her onside and offered assurance that I will help her get somewhere else. I expect her to try for local authority housing which from historical experience will result in me having to go down the eviction route. :-(

              Comment

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