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Selling my property

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Author Topic: Selling my property  (Read 597 times)
Newbie
Posts: 6

I DON'T like property

« on: April 15, 2021, 10:56:17 PM »

I have issued S21 (expires August 21) TO re-possess my property which I am having to sell.  Tenant is being difficult - wont deal with agent and as we do not live locally to property this is a bit of an issue. We have been very sensitive towards him and kept in him the loop.  We had to beg for a video for online viewings - he reluctantly agreed.  Wont allow viewings even the most strict viewing protocol.  Now we have a really interested party who wants a physical viewing.  I have asked tenant, pleaded with him he wont respond - we are getting some pressure from mortgage lender which is stressful is there anything we can do.
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« Reply #1 on: April 16, 2021, 01:22:36 AM »

Make it worth his while. As it stands, what is he getting out of the situation? A load of disruption and then getting thrown onto the street. Try a spot of remuneration.
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« Reply #2 on: April 16, 2021, 07:54:48 AM »

Think objectively - your comment "Tenant is being difficult" seems one-sided. They're protecting their home in a time of great uncertainty... I had to have a new dishwasher installed on Tuesday - I didn't want those two guys from Currys wandering around my home... and I actually wanted the dishwasher. Why would they want folk running around in April?

Anyway, I wouldn't want strangers traipsing through my home, to help you, either. I'd be focusing on finding my own next place... only when I'd sorted that would I even be thinking about helping you. The longer he takes the longer you'll wait, I fear. I feel for the Tenant... you got your video viewing, but one wonders if you might be jumping the gun a bit - the Tenant has until "at least" August... "at least", not at most. They could be there until 2022. You may need to rethink your approach.

My new dishwasher can connect to WiFi. I'm not even kidding. What a giant waste of time!
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« Reply #3 on: April 16, 2021, 08:55:41 AM »

For your reference... this appears to be how you want it to work...

You tell the Tenant to get out, by law you have to say something like August 2021, but you really want them in until the day you sell, collecting rent all the while. You want them to bend over backwards in a pandemic and let a bunch of strangers sniff around inside their home, bringing in god-knows-what. Then you want them out of your property, probably just as the removal van comes up the driveway with the new owner's stuff in it.

But this is how it could work...

You issued a Section 21 that expires in August 2021... but the Tenant effectively ignores this... at the same time (despite obstruction) you've somehow managed to sell the property (with the promise of vacant possession - which you cannot guarantee) and have set a Completion Date... possibly of 1 September 2021... the Tenant has ignored your Section 21, isn't communicating with you at all, and is still residing in the property - and likely still paying rent. You don't know why they've not left. You cannot communicate with them. You have no idea if they are planning on leaving or not. Your only next step is to apply for possession... this will cost you ús and time. All the time you have your buyer demanding stuff from you... but all you can do is follow the process for eviction and let down your buyer (who then may have some comeback against you)... many months after August 2021 (maybe January 2022) you will reach the point where Bailiffs can go into the property on your behalf and physically remove the Tenants. In the meantime your property transaction is in tatters and you have to start again... but this time with no rent incoming, you being responsible for Council Tax and any utilities used... and no-one local to help you with your new set of viewings.

Consider what SIMON PAMBIN said to you. Piecemeal amounts of money to recover a much larger transaction, and get someone back on your side, might well be your enlightened approach.
Newbie
Posts: 6

I DON'T like property

« Reply #4 on: April 16, 2021, 09:47:10 AM »

Make it worth his while. As it stands, what is he getting out of the situation? A load of disruption and then getting thrown onto the street. Try a spot of remuneration.


We have offered to help him find another property, so has the selling agent who also has a letting side, he said he had it covered.  I have been reluctant to offer financial compensation as I didn't want to come across as trying to 'bribe 'him.  Another thing I didn't mention was that he has a LOT of reptile pets in tanks in every room of the flat - we only found out when the valuer initially went in.  He did't ask for permission, it contravenes the lease and is a clause in his AST. Again don't want to come across heavy handed on this but I feel this is why he is reluctant to move.
Newbie
Posts: 6

I DON'T like property

« Reply #5 on: April 16, 2021, 09:56:54 AM »

Think objectively - your comment "Tenant is being difficult" seems one-sided. They're protecting their home in a time of great uncertainty... I had to have a new dishwasher installed on Tuesday - I didn't want those two guys from Currys wandering around my home... and I actually wanted the dishwasher. Why would they want folk running around in April?

Anyway, I wouldn't want strangers traipsing through my home, to help you, either. I'd be focusing on finding my own next place... only when I'd sorted that would I even be thinking about helping you. The longer he takes the longer you'll wait, I fear. I feel for the Tenant... you got your video viewing, but one wonders if you might be jumping the gun a bit - the Tenant has until "at least" August... "at least", not at most. They could be there until 2022. You may need to rethink your approach.

My new dishwasher can connect to WiFi. I'm not even kidding. What a giant waste of time!

I would only disturb him for a genuine potential buyer - I respect that he doesn't want numerous viewings.  Also any purchase could and probably will take 3 months to complete.  The agent knows the S21 is until at least August and is informing potential interested parties of this.
Newbie
Posts: 6

I DON'T like property

« Reply #6 on: April 16, 2021, 10:00:38 AM »

For your reference... this appears to be how you want it to work...

You tell the Tenant to get out, by law you have to say something like August 2021, but you really want them in until the day you sell, collecting rent all the while. You want them to bend over backwards in a pandemic and let a bunch of strangers sniff around inside their home, bringing in god-knows-what. Then you want them out of your property, probably just as the removal van comes up the driveway with the new owner's stuff in it.

But this is how it could work...

You issued a Section 21 that expires in August 2021... but the Tenant effectively ignores this... at the same time (despite obstruction) you've somehow managed to sell the property (with the promise of vacant possession - which you cannot guarantee) and have set a Completion Date... possibly of 1 September 2021... the Tenant has ignored your Section 21, isn't communicating with you at all, and is still residing in the property - and likely still paying rent. You don't know why they've not left. You cannot communicate with them. You have no idea if they are planning on leaving or not. Your only next step is to apply for possession... this will cost you ús and time. All the time you have your buyer demanding stuff from you... but all you can do is follow the process for eviction and let down your buyer (who then may have some comeback against you)... many months after August 2021 (maybe January 2022) you will reach the point where Bailiffs can go into the property on your behalf and physically remove the Tenants. In the meantime your property transaction is in tatters and you have to start again... but this time with no rent incoming, you being responsible for Council Tax and any utilities used... and no-one local to help you with your new set of viewings.

Consider what SIMON PAMBIN said to you. Piecemeal amounts of money to recover a much larger transaction, and get someone back on your side, might well be your enlightened approach.

Please see my reply to Simon Pambin - I will definitely consider this approach just not sure that is his main issue here - We are being 'leant on' by mortgage lender to do this.
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« Reply #7 on: April 16, 2021, 10:58:24 AM »

At the moment the Tenant has no real incentive to do what you'd like him to do... reptiles notwithstanding... that's just another headache as part of the upheaval. Have you considered targeting another Landlord to buy? I mean, if the Tenant is paying the rent... ...and has not been difficult up until the point you decided to sell.

I feel there are too many Landlords out there (usually with a single property let out) who want to try this PRS game out and end up causing no end of turmoil for their Tenants who rented their property in good faith. I am not making assumptions about you... just pointing out that this has been seen before. Yes, the Tenant may have got some pets and gone against the strict terms of the agreement... not good... but the Tenant may have also thought they were there for many years to come.

The Tenant finding a new place with pets in tow might prove a real challenge.

The Lender probably assumes, like I do, that this whole transaction when it eventually comes to pass could easily come toppling down.

If I was someone looking for a new home... and I was viewing properties with Tenants in situ... I wouldn't proceed... because of that fact, it'd need to be something very special to change my mind. There's just no guarantee the Seller can provide vacant possession. I'd say... if you want a sale, get vacant possession now.
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« Reply #8 on: April 16, 2021, 11:02:24 AM »

All that said, he might have it covered, as claimed... he might be in a fit of pique with you and see no reason to communicate (no reason beneficial to him, I mean). He might also be - quite reasonably - thinking that no Viewer would be able to 'get past' the fact that there's reptiles in every room anyway... so sending someone in to view would mean it would need to be a special person who can look beyond that. Many cannot. Many cannot get past a certain style of curtains they don't like... "I love the house, but those curtains!"
Newbie
Posts: 6

I DON'T like property

« Reply #9 on: April 16, 2021, 12:54:13 PM »

At the moment the Tenant has no real incentive to do what you'd like him to do... reptiles notwithstanding... that's just another headache as part of the upheaval. Have you considered targeting another Landlord to buy? I mean, if the Tenant is paying the rent... ...and has not been difficult up until the point you decided to sell.

I feel there are too many Landlords out there (usually with a single property let out) who want to try this PRS game out and end up causing no end of turmoil for their Tenants who rented their property in good faith. I am not making assumptions about you... just pointing out that this has been seen before. Yes, the Tenant may have got some pets and gone against the strict terms of the agreement... not good... but the Tenant may have also thought they were there for many years to come.

The Tenant finding a new place with pets in tow might prove a real challenge.

The Lender probably assumes, like I do, that this whole transaction when it eventually comes to pass could easily come toppling down.

If I was someone looking for a new home... and I was viewing properties with Tenants in situ... I wouldn't proceed... because of that fact, it'd need to be something very special to change my mind. There's just no guarantee the Seller can provide vacant possession. I'd say... if you want a sale, get vacant possession now.

I take your points but I'm not a single property landlord I am someone who made some bad choices back in 2007 and am now feeling the pain! I would love vacant possession now obviously I would but how I might achieve that is a very different matter.  Just today Ihave received another letter from mortgage company-more pressure its not as though I will make any profit from the sale it will just about cover mortgage and legals  :-[
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« Reply #10 on: April 16, 2021, 02:03:09 PM »

I have been reluctant to offer financial compensation as I didn't want to come across as trying to 'bribe 'him.

It's not a bribe. You're not seeking to gain an unfair advantage or incentivizing him to do anything illegal. You're just paying him to allow a viewing in his home, maybe have a quick tidy-up and then go and feed the ducks in the park for a couple of hours.

Having said that, I wouldn't have too much confidence in a buyer who's apparently keen now on a purchase that won't complete until the end of August, at best.

Reading between the lines I take it that you're in breach of your mortgage agreement and you haven't got a lot of financial room for manoeuvre. You need to sell but you can't afford to lose too many months of rental income in the process. Would the absolute bare bones minimum price you'd need to get out with your arse vaguely intact be attractive to another landlord?
Newbie
Posts: 6

I DON'T like property

« Reply #11 on: April 16, 2021, 07:51:08 PM »

Not in breach - its a bit more complicated.  There has been a positive change since lunchtime today - viewing has been agreed with tenant. He asked about some financial assistance to help with moving costs I have agreed and communication seems to be resumed.
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« Reply #12 on: May 05, 2021, 11:57:09 AM »

Not in breach - its a bit more complicated.  There has been a positive change since lunchtime today - viewing has been agreed with tenant. He asked about some financial assistance to help with moving costs I have agreed and communication seems to be resumed.

Seems like a good, and fair resolution.
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