UK Landlord Forum / Life

I have to put my property on the market due to financial difficulties, my tenant is not happy about it and doesn't wish for viewings to come into my property unless she is there. The tenancy expires at the end of Feb 2014 and I have advised tenant that if someone is interested in purchasing my property then I will give her notice (at least 2 mths). My tenant has not paid her deposit which I have asked for many times and given tenant ways of paying it. I currently live over 250 miles from my property and estate agent is dealing with it for me. I am putting it all in writing and was wondering how I stand legally. My tenant likes to dictate to me and I've had enough of her dictating to me, it is my property after all, Please can anyone give me some helpful advice as I want to know my rights, Thanks so much

Can't help you on the viewings front but this section of the site might help  http://www.propertyinvestmentproject.co.uk/landlord-faq/

With regards to not having a deposit I have absolutely no sympathy with you.  Why would you let someone into your property without paying a deposit?  Seems crazy to me and something that definitely would bite you in the bum further down the line.  They must be feeling quite smug knowing that you don't hold any money over them for not paying rent or damages to the property.

Most tenancy agreements allow a landlord or agent to do viewings in the final month or two of the tenancy. Two problems occur to me here, firstly the tenancy is not in the final month or two as presumably you want her there paying rent until it is sold and secondly regardless of what the agreement says if she insists on being present it would be a very foolish agent who went against her wishes.

Tenants have a right to the quiet enjoyment of the property and I am afraid if she says no viewings unless she is there then you must stick to it. Any half-decent agent should be able to schedule block viewings to keep her happy and surely by doing so will also keep her on your side so the property is clean and tidy when you visit.

If she is wholly uncooperative then you may just have to accept that selling with a tenant in situ is not possible and in any event most solicitors (whether you are buying or selling) will not allow you to exchange contracts on a tenanted property anyway.

What does it matter if you take a deposit any more? It has to be held by government anyway, not in your own account, and you try sorting that out when the shit hits the fan.
If you take deposit without it going into account you know full well what the charges can be against the Landlord.
Tenant as long as willing to be availalble for future buyers to view providing agent is being reasonable and blocking appointments, or has discussed it with them and found suitable times, no idea what the problem is.
I'd actually like to know when someone was walking into my home, whether rented or owned. I used to work shifts so that mattered to me.

Not correct about the government holding the money and it not being in my account.  Do you know how the TDS works?

I was advised by a solicitor and by other legal beagles that a Landlord cannot hold a deposit in his or her own account any more. To do so is breaking the law. It has to be held by a third party, either one of these insurance companies or the Government one, if it has changed would be delighted to know. Plus when giving notice need to look at section 21 makes it quite clear if not held in correct place you are in for a rough ride. If you know different and can point me in another  direction trust me I am all ears.

Legal beagles giving half the story.

http://www.depositprotection.com/

Big box, custodial and insured, explains all.

Mydeposits offer a discount to NLA members.

Sack your solicitor.