Tenant causing me problems in getting property back on the market

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  • Moderator2
    replied
    Two related threads have been merged.

    Any new threads posted in relation to this may be deleted.

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  • Mavis808
    replied
    Advice taken. Thank You.

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  • Wannadonnadoodah
    replied
    Originally posted by Mavis808 View Post
    however am I able to hold any of their bond back due to the problems they have caused with getting the property back on the market?
    They haven't caused any problems with getting the property back on the market. It's not ready for the market as someone is still living there. If they want to live like a pig in it until the last day and not provide a show home for you to allow viewings prior to the end of tenancy they can.

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  • Interlaken
    replied
    Wait until tenant has truly departed. Clean up, decorate and put on the market.

    You can ASK the deposit holder in claiming for damages - did you have an inventory at the outset?

    No, you cannot claim for communication problems with the tenant. Tenant can quite legally refuse to let you show the property whilst they have an ongoing tenancy.

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  • 45002
    replied
    You only have yourself to blame

    Originally posted by Mavis808
    Yes this particular tenant has caused me problems at every stage, however I dont want to confuse matters and would just like some sound advice on getting the property back onto the market.


    You only have yourself to blame by confusing matters yourself, multiply threads on same tenant and different users names !

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  • Mavis808
    replied
    Yes this particular tenant has caused me problems at every stage, however I dont want to confuse matters and would just like some sound advice on getting the property back onto the market.

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  • Mrs Mug
    replied
    Is this the same tenant as in the thread below?

    http://www.landlordzone.co.uk/forums...ere-do-I-stand

    Leave a comment:


  • Mavis808
    replied
    Tenant causing me problems in getting property back on the market

    My tenant who gave notice last month has not responded to myself or agent regarding viewings for new tenants. I have done a Landlords check and tenant appears to have moved out although there are many belongings still there including on the floor which looks very dirty and a complete mess, cloths etc... (even durex wrappers on the floor).

    Now my concern is the tenant is not responding to my agent doing viewings, can my agent just go in and do viewings after giving 24hours notice whether tenant responds or not?

    Also since the the tenant is not responding I am also concerned about the grubby state of the flat which is not at its most presentable for possible new tenants when they view. I dont want to touch their belongings so what else could I do?

    I expect the tenant to move all of their belongings out on their final day, however am I able to hold any of their bond back due to the problems they have caused with getting the property back on the market?

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  • mariner
    replied
    If T is still in fixed term, then it is not NTQ, but 'offer to surrender'. You have accepted his 'offer'.
    You should bothe sign a Deed Of Surrender' on final dayto legally end T. for mutual protection.

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  • Mavis808
    replied
    To be honest his is a bad Tenant so I would just like him out as soon as possible. I have responded to him by accepting his notice to leave. Is that not enough? Or is signing the ‘Notice to Quit’ form crucial?

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  • elniinio
    replied
    Your tenant can't give (valid) notice during the fixed term, whether 3 weeks or 4. He is still liable for the rent until the end of the fixed term, unless you agree something else with him (early surrender). If you're going to agree to let him out of the fixed term early then it is up to you what goes into that agreement - what are you prepared to accept in order to get possession back?

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  • Mavis808
    replied
    Finally have written notice of leaving date by tenant to my Agent when asked by them. They clearly didn’t want to respond to me even though I am managing the tenancy.

    However only 3 weeks notice opposed to the 4, can I take 1 weeks rent from their bond?

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  • theartfullodger
    replied
    I wouldn;t rely on an agent for legal advice: They require no training, no qualifications, no membership of any professional body, no criminal records check, nuffink!

    They work for you. However he is right, write giving at least 24 hrs notice at reasonable time of inspection: If tenant is in & asks you to leave depart politely.

    The whole "Abandonment notice" approach is legally iffy...see this.,..
    http://www.landlordlawblog.co.uk/201...onment-notice/
    ..from Tessa, a solicitor specialising in landlord/tenant...
    Urban Myth – you don’t need to get a possession order if you use an abandonment notice

    Leave a comment:


  • Mavis808
    replied
    I have contacted the letting agent who informs I CAN actually go in and do an inspection if the tenant does not reply to the 24 hours notice. I will need to put an ‘Abandonment Notice’ up for 14 days before I can re let.

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  • jpkeates
    replied
    You're making things complicated.

    The tenant hasn't given notice.
    They are still within the assured part of their tenancy.
    They haven't not paid their rent yet.
    They're a tenant and they currently own the flat.

    All the stuff about mould, bin bags and cannabis is meaningless.

    If you can contact your tenant you can agree with them to formally change or end the lease;
    they'll want to not be liable for rent etc.
    But if you can't you'll have to act unilaterally.

    Does your tenancy agreement say anything about not leaving the property unattended for a period?
    If they're in breach of that, you can serve an s8 notice they're unlikely to contest.

    See also http://www.landlordzone.co.uk/content/abandonment,
    although there has been a lot of debate about the process of changing locks as advised therein.

    Leave a comment:

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