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Question about notice period that is bugging me.

Started by natjojo, January 25, 2021, 01:58:12 PM

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natjojo

I am having viewings for my property which is empty at the moment. We have done a lot of maintenance and redecoration in the last 5 weeks.
I have had a viewing yesterday from a family who have been notified by their current landlord he is selling up.  They have until July to move out.  So they have time to choose but they also told me they have to give 2 months notice to their current landlord.
Surely if themselves are under notice (6 months?) they cannot be obliged to give 2 months notice? Or Am I missing something? Not sure I get it or could it be porky pies?  Can such a situation be real?

Also, if they are interested, the agency I am using (OpenRent) offers the option of reserving the property for a week's rent reservation fee (to then become part of the 1rst month rent).
What I am thinking is : As the property is empty, if they pull out say after 4 weeks because this notice is so long and a better house comes along, they would only be set to loose 1 week's worth of money but I would loose 4 weeks of potential income as I have to take the property off the market.  Really not sure what to do with such a long notice.... 
They liked the place very much but have not said they want it yet, I am pre-empting my reply to them if they want to go ahead.
My feeling is it seems a bad time to let with snow and Covid and it really looks people are being tourists with their viewings. And I am starting to think I am doing it wrong..... So confused....

Hippogriff

#1
Better opportunities should come your way... you'll have to put more skin in the game with viewings... but I've never (yet) accepted someone who needed to wait - at least - two months before they could move in. That's two months lost income, that's two months of extra expenses like Council Tax. I've had people ask for that kind of time... and I've always reeled them in to something more realistic. Always. I've even intimated... not said outright (as that would be lying)... that I have other parties who are interested and can move quicker... but said that I like these folk much more... and I wish it could work-out for us all... but two months is a no-go.

You're right that it gives people time to change their mind. You can take a Holding Deposit to protect you a little bit... you must be sure all parties know what they're getting into. But it still won't help you much if they bail. I'd play hardball... bring the dates in. Anyway, it is all academic... right?

Sometimes we want people like this... people who plan ahead, take their time, do everything in a methodical manner... but you have to balance that against people who are rashly jumping the gun and tyre-kicking (your tyres).

KTC

Landlord's notice does not end a tenancy or legally require a tenant to move out. So strictly, their current landlord can force that, yes. Any reasonable landlord that is looking to sell would work with the tenant to ensure the tenant moves out as desired by the landlord so any proposed sale is not put at risk by landlord failing to provide vacant possession but if the landlord want to be stupid, they are entirely entitled to do so.

Holding deposit of 1 week is the legal limit. There's nothing stopping you from agreeing and signing a binding contract with a future move it date. You don't have to wait till their notice is up before signing.

natjojo

Thank you both for your replies

I have just been asked another viewing tonight.  Proposed moving date 10 of April !!! I seem to collect the ones that plan ahead..... Maybe something in my add attracts them....lol  Will try testing my negotiating skills with this lot.

Hippogriff

The way to test your negotiating skills... is tell them this afternoon, like now, that you don't see the point in going ahead with the viewing as you already have an interested party who can move in earlier. You just play with a straight back - at that point - and tell them that your interest is to get the right Tenants, but part of that is the moving-in date... April won't cut it. This is the kind of thing I ask when the initial call comes through... I don't want folk wasting an hour of my time (plus travel) if they're not moving-in within what I'd consider appropriate timeframes. You can easily say - if there was a chance of you moving in in February then I'd be happy to do the viewing... at that point the ball lies in their court... if they say there's a chance (they might be lying about it) then go ahead and see if they like it... if they say there's simply no chance, then think about whether you want to do the viewing at all.