SMF - Just Installed!
Started by John22, January 18, 2024, 07:56:58 PM
Quote from: Riptide on January 18, 2024, 10:39:57 PMI'd let the company, AKA your tenant know as soon as possible. What tenancy agreements do they have in place for their tenants, the people living there? I wouldn't hold your breath about getting your property back on the anticipated date.I wouldn't conduct viewings 2 months from a theoretical uncertain date, there's just no need to do it that far out. I wouldn't market the property 7 months prior to the theoretical date, as you have its just a massive waste of everyones time.I like your optimism that you're going to receive the property back in a state that its ready for a new tenant with no decoration or remedial work required. When did you last go in there?I wouldn't advertise on Facebook, I'd use openrent where you can set criteria and automatically reply to enquiries with a number of questions that they need to complete even before you need to waste any time on people. Once they've answered the questions you can waste even less time by weeding out people suitable for viewings.
Quote from: jpkeates on January 19, 2024, 09:31:53 AMEverything that Riptide said!I don't think you have a clue what you're doing. And, while asking questions is a good start, you're asking them about the consequences of a decision you clearly don't know enough to make, in a situation which is unlikely to be how you think it is.
Quote from: Riptide on January 19, 2024, 06:17:29 PM- Why do you think that? They are a respectable company quite big and I don't think they will refuse exit on the anniversary date. - Do I need to give notice to the estate agent too, or just the tenant? I signed a document called Terms and Conditions of Business with the estate agent, do I need to terminate that too?- For viewings, do I need to contact the estate agent or the tenant (bearing in mind it is a company) to allow my prospective tenants to see the flat? is there a rule in place? - Landlord's right to enter the Property- I think that as it sounds like the company aren't the people living in the property or their staff, there are strangers, to you, living there. Tenancy agreements can't be terminated at the flick of a switch and if the tenant doesn't move out on a prescribed date there is little you can do about it. Do you know what the process would be if this happens?- If you're paying an estate agent as a middleman tell them. If you have a relationship with your tenant, you could also tell them.- If you're terminating the estate agents services I guess its time to read the section of the terms of business you signed that relates to termination of the services.- It's not hard to find tenants. There are hoardes of them hopelessly refreshing openrent and rightmove on an almost hourly basis. There are lots of tenants who request viewings who don't fit my criteria and I don't waste anyones time, including my own. I've recently rented out a property again after only a 10 month tenancy. Roughly 40 requests to view over the two advertising periods. First time, showed two shortlisted tenants. Both wanted it. 2nd time, 1 viewing, 1 tenant.You've got 1 product that you need to 'sell' to one customer. Gathering interest 8 months out is plain daft unless you've got some sort of niche property.
Quote from: John22 on January 20, 2024, 08:21:31 AMI have a clue about what the process would be, but I think it's unlikely that my tenant will refuse to leave on the due date, but, if they do refuse, I will have to serve a section 21 notice
QuoteThe flat is rented to a company, an LTD, trough an estate agent, and the company sublets the flat to private individuals
Quote from: John22 on January 19, 2024, 04:09:38 PMYou can explain why I am in a situation which is unlikely to be how I think it is
Quote from: John22 on January 20, 2024, 08:21:31 AMI have a clue about what the process would be, but I think it's unlikely that my tenant will refuse to leave on the due date, but, if they do refuse, I will have to serve a section 21 notice (assured shorthold tenancy) and / or apply for an injunction to allow access, I will have to get in touch with a tenancy litigator / barrister).
Quote from: HandyMan on January 20, 2024, 11:01:33 AMQuote from: John22 on January 20, 2024, 08:21:31 AMI have a clue about what the process would be, but I think it's unlikely that my tenant will refuse to leave on the due date, but, if they do refuse, I will have to serve a section 21 noticeBe aware that serving a section 21 notice to vacate by a particular date does not guarantee that a tenant will leave. As a result of the shortage of reasonably priced rented accommodation and the huge competition among potential tenants, many are understandably choosing to stay where they are and wait out the protracted process for the landlord to get a court order to evict, and then bailiffs to enforce.Also, you said:QuoteThe flat is rented to a company, an LTD, trough an estate agent, and the company sublets the flat to private individualsso it appears that you don't have a direct relationship with the tenant, which further complicates the process.
Quote from: jpkeates on January 20, 2024, 11:19:04 AMQuote from: John22 on January 19, 2024, 04:09:38 PMYou can explain why I am in a situation which is unlikely to be how I think it isQuote from: John22 on January 20, 2024, 08:21:31 AMI have a clue about what the process would be, but I think it's unlikely that my tenant will refuse to leave on the due date, but, if they do refuse, I will have to serve a section 21 notice (assured shorthold tenancy) and / or apply for an injunction to allow access, I will have to get in touch with a tenancy litigator / barrister).You don't have and assured shorthold tenancy (because your tenant isn't a human being) so a section 21 isn't possible and you have no basis for an injunction. You're just typing words that sound meaningful, but aren't.The simplest thing for the company to do is to agree to end the tenancy as you request, leaving you with the occupants as your own tenants, who will be close to unevictable.You don't know what you're doing and the situation you are in is nothing like you think it is. You agreed to a commercial let without understanding what you were doing and you're arguing with the people who're trying to explain it to you. Asking questions is better than not, but "what colour is best for a parachute?" is the wrong question when falling from a plane.
Quote from: John22 on January 20, 2024, 01:49:56 PMI feel like you keep insulting me instead of trying to help me!
Quote from: jpkeates on January 20, 2024, 03:09:09 PMQuote from: John22 on January 20, 2024, 01:49:56 PMI feel like you keep insulting me instead of trying to help me! Apologies. You caught me in a weird mood, so I was probably more rude than I should have been.There's not an STA in England, are you in Scotland? In England (and Wales) it would be an AST. But in Scotland there is no section 21.If you're letting to a company it will be a commercial let (that's just how it works), but it's unlikely that a series of legal experts would give you information that's simply not possible based on what you've posted.I don't understand why you keep referring to an injunction. What are you hoping to compel the company to do (or to not do) and on what basis do you think a court would agree to do that? In decades of being a landlord, I've never heard of a landlord using an injunction to end a tenancy.
Quote from: jpkeates on January 21, 2024, 11:38:39 AMA common law tenancy is pretty much the same as a commercial tenancy, in effect and in terms of your options. It means, for example, that section 21 isn't applicable, nor are most of the restrictions and regulations that relate to a residential tenancy.It also means that there is likely to be a massive imbalance between the rights and obligations between you and the company you let to and that company and their own tenants - who are likely to be there under residential tenancies, where the occupants have many more rights. The company is very unlikely to be able to remove its own tenants in anything like the time frame that you can theoretically end your agreement with them. Moreover that is both a lot of work and expense for the company in parallel with a declining stream of income as they get rid of their tenants over time.There is a significant risk of them simply agreeing to end their own lease with you without removing the occupants. In which case, they will automatically become your tenants (you have no choice in this) and they will then be your problem to evict. And given that being able to serve notice to remove them requires a number of things to have been done at the start and during the tenancy by the landlord, who was not you up until then, you will be at a considerable disadvantage. To the point where it might not be possible to evict all or some of the occupants.You need to be careful with how you work with the company to end this arrangement to your mutual satisfaction.
Quote from: jpkeates on January 21, 2024, 01:34:07 PMLooks as if it should be OK. Commercial contracts end when the process to terminate them is executed.If the occupants are short term holiday style lets, they don't have the same rights as residential tenants.