Can T refuse viewings when L wants to sell house?

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    Can T refuse viewings when L wants to sell house?

    Hi All,

    I keep getting conflicting advice. I believed a tenant needed to be into the 4th month of their 6 month tenancy before you could market the house for sale? Is this correct?

    Thanks
    Belinda

    #2
    Originally posted by missb View Post
    Hi All,

    I keep getting conflicting advice. I believed a tenant needed to be into the 4th month of their 6 month tenancy before you could market the house for sale? Is this correct?

    Thanks
    Belinda
    No it's not correct. You can market/sell a property at any time you wish.

    If there is a fixed term AST in place and the property is being sold with vacant possession then completion would have to wait until the end of the fixed term.

    Comment


      #3
      Originally posted by Surrey
      The only question is whether a purchaser would want to take on a property with a tenant in situ.
      Some purchasers might be quite pleased by the prospect of a ready-made BTL, with good [=paying regularly] tenant in situ.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Hi All,

        Thanks for your replies. It's def not a B2L investment, its 1 too many houses and I am just letting temp to cover mortgage payments.

        Can I confirm the end of tenancy? I granted my tenants a 3 month AST as they were/are in the slow process of buying another property and they knew we wanted to try to sell the house in the new year so it suited both parties.

        As I understand they have the right to go after 3 months but I can not ask them to leave for 6 months. As the tenancy was started 3rd Nov their 6 months is up 3rd May so I would need to give them 1 months notice (that's whats in the contract) on 3rd April assuming they are still there and have not found a house. Does this sound right? I am thinking placing the house back on the market to sell some time in Feb/March.

        Thanks
        Belinda

        Comment


          #5
          Not quite.
          A. You can ASK them to leave when the fixed-term letting (three months) expires, but you cannot MAKE them leave then.
          B. The reason is s.21(5)(b) of the Housing Act 1988. A s.21 Notice cannot produce a Possession Order operative within six months of a new AST letting.
          C. Note that this six-month rule would not apply if T had already clocked-up six months as tenant of same L (e.g. if current letting is a renewal).
          D. You can certainly serve the s.21 Notice at any time after the tenancy started, and you can even obtain an Order within the six months- it's just that the Order cannot take effect until the six months end.
          E. Either way, s.21 requires a TWO MONTH Notice period. Serve it now, stating 030508 as Notice expiry date.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Landlord wants to sell and demands access too

            I have given notice on our horrible flat. Immediately this was done the Landlady decided that she wanted to sell the place. Well it is a dump and the agents obviously told her this and to put in central heating instead of the unworkable storage heaters. So she is putting in central heating. I gave her two months notice which ends on the 27th of September.

            She is now hounding me for a leaving date and insisting that I give the agents a key so that they can call whenever they want.

            I have objected to this and said they can view anytime after six at night and at the weekends. I have made myself perfectly clear on this point.

            She is now asking again.

            What exactly are my rights here.

            I must add the comment that we are good tenants we gave her £750 for a £550 flat because we had a cat. There is nothing here worth £200 that a cat could damage, not even the carpets!
            We have paid the rent on time every month this despite the fact that we had numerous leaks. One so bad it put the oven out of commision. The bathroom has no extractor and you could grow potatoes in the mould and of course not mentioning the fact that we froze to death, so much so that we had to go and buy our on gas heater.
            There was no tap to switch off the water to install a washing machine and they insisted that we call a plumber to install but the hot water went awol and the ame plumber thought he was coming to install a washing machine and did no arrive for four days,their agent handled this problem. When it was eventually fixed, it went again and I went to change the fuse, which the plumber had done originally and found that the plug was completely burned out. I fixed that and hey presto never had a problem since. The place is unihabitable but we had to leave before she does anything about it.

            I hate to think how she treats a bad tenant.

            Comment


              #7
              Originally posted by richmond View Post
              I have given notice on our horrible flat. Immediately this was done the Landlady decided that she wanted to sell the place. Well it is a dump and the agents obviously told her this and to put in central heating instead of the unworkable storage heaters. So she is putting in central heating. I gave her two months notice which ends on the 27th of September.

              She is now hounding me for a leaving date and insisting that I give the agents a key so that they can call whenever they want.

              I have objected to this and said they can view anytime after six at night and at the weekends. I have made myself perfectly clear on this point.

              She is now asking again.

              What exactly are my rights here.
              The Landlord can ask for access (and you can even give it and change your mind right up until the last minute if you like), but you don't have to give any access whatsoever.

              That's it!

              Comment


                #8
                Information

                Dear Tenents luv me,

                I have been on other websites and they don't agree with you. For instance the following thread:
                http://www.mypropertyguide.co.uk/art...-landlords.htm

                We have already sent her a letter back telling her yet again we want to give reasonable access. We shall just have to see what the reaction is.

                I have a £750 deposit lodged with a holding company with this woman, the flat will be handed back to her in the best condition I can muster, given all the problems with it. For instance is it neccersary for me to clean up and repaint over all the mould? Under what given circumstances can she withhold part or all of my deposit.

                And if she is unreasonable, which she is, what are my rights in these circumstance. Do we go to court?

                Comment


                  #9
                  Originally posted by richmond View Post
                  Dear Tenents luv me,

                  I have been on other websites and they don't agree with you. For instance the following thread:
                  http://www.mypropertyguide.co.uk/art...-landlords.htm
                  Then you have to pick who you listen to. I am telling you what the law is.
                  I repeat: You do not have to provide any access to the landlord (or anyone representing him) nor his agents/workmen/brother/sister/auntie, at any time, for any purpose.
                  The landlord may enter without your permission in the event of a genuine emergency.

                  Many people and alleged "organisations" think they know the law and that if something is included in a tenancy agreement, then a tenant has to comply.
                  Not true.


                  Originally posted by richmond View Post
                  I have a £750 deposit lodged with a holding company with this woman, the flat will be handed back to her in the best condition I can muster, given all the problems with it. For instance is it neccersary for me to clean up and repaint over all the mould? Under what given circumstances can she withhold part or all of my deposit.

                  And if she is unreasonable, which she is, what are my rights in these circumstance. Do we go to court?
                  Is there an inventory?
                  Was a check-in done and by whom?
                  Do you have a copy of these documents with a signature of or for the LL and your signatures on them?

                  You are obliged to return the property back to how it was given to you, with an allowance made for wear and tear.
                  A professional inventory clerk will be able to determine what is damage and what is wear and tear.
                  You are not required to improve the property for the LL.

                  Mould or any damage/problems with the property that were already present before you took the tenancy are none of your concern, provided of course that they were documented as being so on the inventory.

                  Until you can say more about this, I cannot advise you further.

                  Comment


                    #10
                    Hi I posted on another thread but if and when my landlord serves me with an eviction notice - will I then have to let someone round to examine the property on numerous occassions (he tells me) so it is ready to sell when I move?

                    He has put this condition on if I agree with a 6 months let at which I will have to move out afterwards.

                    Comment


                      #11
                      There is no 'eviction notice'. L may serve you with Notice under Housing Act 1988 (either s.8 or s.21) but neither evicts you.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Originally posted by firefly View Post
                        Hi I posted on another thread but if and when my landlord serves me with an eviction notice - will I then have to let someone round to examine the property on numerous occassions (he tells me) so it is ready to sell when I move?

                        He has put this condition on if I agree with a 6 months let at which I will have to move out afterwards.
                        It does not matter what kind of notice you receive.
                        Your right to refuse access is not cancelled by any notice that the LL or anyone acting on his/her behalf can issue to you.

                        Comment


                          #13
                          I moved into a flat that was a dump, financially it was a good move and I negotiated with the LL to improve it (V Basic stuff). I got 6 weeks rent free as that is what I calculated to cost. I then discovered that one of the top floor windows was rotting and thought the LL would replace it. I applied to the warmfront scheme for heating and was told the heaters would be adequate. 10 months into a 12 month AST the heating was inadequate as warmfront were stitching ppl up left right and centre and the window was STILL Not replaced.

                          In the beginning it was a flat with potential but 10 months in it was a dump with a LL who failed to realise he had a good tenant. I left at the end of my agreement without giving notice and the next tenants failed to pay rent or any bills and stitched up the LL well and truly! Now thats what I call Karma!
                          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                          Comment


                            #14
                            Selling subject to existing tenancy

                            I have a house which is currently rented out on a 1-year contract until September 2009. However, I would like to sell the property.

                            Can anyone tell me how a change of ownership would affect the tenants and their contract?

                            Comment


                              #15
                              Originally posted by leedslord View Post
                              I have a house which is currently rented out on a 1-year contract until September 2009. However, I would like to sell the property.

                              Can anyone tell me how a change of ownership would affect the tenants and their contract?
                              1. Very little. You as V sell in the usual way. You hand to P, on completion, a signed Letter of Authority (addressed to T) re future rent.

                              2. On completion, rent has been:
                              a. paid to a date before completion (so P pays you the shortfall, on top of completion money);
                              b. paid to/inc. precise completion day; or
                              c. paid beyond completion (so you pay P the surplus, as allowance against completion money).

                              3. P steps into your shoes as L, on the exisiting tenancy's basis.

                              4. After completion, P sends/gives to T:
                              a. that Letter of Authority;
                              b. Notice under s.3 of LTA 1985; and
                              c. Notice under s.48 of LTA 1987.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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