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Property Sale Tenant Obstruction

Started by Karine, November 21, 2015, 09:29:17 PM

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Karine

I have a tenant who is 2 months into a  Short Term 6 Month Contract.  Due to a change in my circumstances, I have put the property up for sale and the tenant is being obstructive with the viewings.  Any advice please?

Hippogriff

I do hate Landlords who aren't really Landlords... just playing at having houses. A change in circumstances, while unpredictable, shouldn't affect the security of someone's home, which is exactly what is happening here. It's a shame, but I'm sure it's unavoidable.

So... now I've got that off my chest, let's see if I can help with pragmatic advice.

The first piece of advice is not to escalate the situation. That could easily result in the Tenant learning that they are within their rights to ban all viewings and even change the locks (until they leave) and that won't be any good for anyone. While your agreement might have some statement in there about a Tenant having to allow viewings in, say, the last 2 months of a tenancy, that is hard to enforce... because who really knows when the last 2 months of a tenancy is, apart from the end of a fixed term... in your case it appears they have a 6 month fixed term and are in month 2 - therefore, it's probably rather unlikely that the tenancy agreement will cater for this.

Only you will know what it says on this.

Second piece of advice is around your intentions, really... you say you've put it up for sale - are you intending to sell to another Landlord who will come along and "step into your shoes"? If so, that's cool... it shouldn't affect the current Tenant too much - they've just got a change of Landlord. But if you are intending to sell to a owner occupier with vacant possession then aren't you jumping the gun a little bit? Yes, it's fine to be prepared, but 4 months is the first time you can expect the Tenant to leave... and that's if they are amenable to that. You can't just kick them out if you sell in month 3, for example.

So... final bit of advice... work with the Tenant. Offer them an incentive if they are helpful with the viewings and that results in a sale. Again, if you're intending to sell to another Landlord you can probably expect more assistance... if you're going to pull their home out from under them, less so. But £s can often ease the course of, well, anything... and a few £s to them in appreciation of assisting with the viewings can go a long way. In addition, if you are expecting them to get lost... maybe you could help them somehow... moving costs? First month's deposit? Whatever takes your fancy to put the negotiations back on the front foot from your perspective... to try and get you back into the driving seat.

I don't think "going legal" is going to be helpful in this case. I doubt anyone would reasonably expect the sale of a house after just 2 months of taking on a tenancy - the real kicker is if you're not intending to sell to another Landlord, therefore they've effectively just moved in and you're expecting them to move out - hardly fair and no wonder they're being obstructive. I think I would be.

Hope that helps.

Karine

#2
Thank you very much for your reply and scenario's. 

I have been a landlord for just over 3 years and this is my 3rd tenant.  I spoke with the tenant about putting the property on the market and understandably, they were not very happy and their response was 'we will be looking for something else'.  I calmed the situation with a very sincere apology and also offered the tenant a reduction in rent, for the time left of the agreement which was accepted willingly.. 

I am well aware that this is not ideal for anyone but as I have just about to lose my job, this doesn't leave me with much option.  I think I may just have to sit this one out until the agreement is near its end.

oh and before I forget, I didn't come on here to be slagged off about being a good or bad Landlord.  You are not fully aware of my circumstances and it would be more professional to keep your personal thoughts and comments to yourself!

Hippogriff

Before you forget, you'd also best remember that the Tenant has the advantage over you here. That sucks, I guess, but at least you realise that now - yes, best to leave it until the end of the fixed term - you might get lucky and they go of their own accord earlier. True that I am not fully aware of your circumstances, but nor do I care what they might be. Bit amateur to offer a rent reduction. Accepted willingly, you say? Of course. Why wouldn't it be? You should have offered something to them for helping you, a quid pro quo, now you're just receiving less each month because they didn't like your news. Oops.

Karine

I am really glad you don't care what my circumstances are, why should you.  From your relentless dig which is not called for in my opinion, you come across as a troll on the web and in reality, probably a bit of a bully too?

Hippogriff

Was my advice (the only person to bother) any good and / or correct? Landlords require a thick skin. It's probably good that you get out of the game.

Karine

You just can't help yourself can you?  You have no facts so just make them up as you go along.  I never said anything about getting out of any game and infact, I take my job seriously and have never seen this as a game.  I came here for some sound advice but what I got was insults.  You may have been the only person to reply but to be honest, I wish hadn't bothered as I am sure someone else would have come along at some point.

Hippogriff

Obviously you either don't take 'your job' as a Landlord seriously, or you're just not very good at it... incompetent perhaps? If I lost my job tomorrow, I know that I would not need to make someone homeless and even try to do that a mere 2 months after they'd taken a property on. You are a ludicrous person. You have little concern for others, evidently, and just want to moan because a Tenant is being 'obstructive'... I stand by my earlier comment... that's a pretty normal response to what you are trying to achieve, like a bull in a China shop. Instead of having a good old moan, look closer to home for where the problem lies here. You want to ride roughshod over a fixed term agreement, ideally, and you have only just fathomed out that you might need to wait. Do you think???

Karine

You have blown everything out of all proportion.  I came on here with a simple question and you have taken it upon yourself to throw insults and someone you know nothing about, no facts and have made yourself look like a complete fool and a bully.

Hippogriff

Have you put a property up for sale? Yes, you said so.
Is the property tenanted and only 2 months into a fixed term? Yes, you said so.
Have you found out the Tenant is being obstructive with viewings? Yes, you said so.
Have you only just concluded that you might as well wait until the end of the fixed term? Yes, you said so.
Have you offered the Tenants a rent reduction for, effectively, nothing? Yes, you said so.

QED... you are a numptie. Don't worry, that's not an insult, the world is full of numpties. Numpties are somewhat pleasant buffoons... think in the style of Boris.

Karine

Very childish indeed and your only form of defense is another insult, I bet you feel very foolish right now/

Hippogriff

I'd just like to add that it's not bullying you to tell you, in no uncertain terms, that what you are doing is wrong, thoughtless and unworkable. You seem like a person that needs things to be black and white... no grey areas... completely unequivocal.

Hippogriff

Quote from: Karine on November 22, 2015, 08:08:22 PMI bet you feel very foolish right now/

You'd be well wrong on that. What I'm wondering is whether you 'get it' yet because you've given no indication. What I'm reading is that you have a) decided not to sell until the fixed term ends but have also b) offered, and had accepted, a rent reduction.

If so, you're bonkers.

boboff

Hahahahahaha

Hippo you have been reported!

Personally I agree with you 100%, and you were as usual, very clear, and helpful.

Does that make this board unfriendly? Well I always think that the bloke whose site this is, is very "straight and to the point" and if you are a numptie you would realize that and post on Mumsnet

But it is only the internet, and crying about being bullied is now so cliche it's funny.

Riptide

As part of the moderation team I feel I should step in.  There.  I've done it.

Hippogriff

I was reported to myself. I've had a quiet word with me about sensitivity.

kavanaghdavid

Blimey, Karine! How have you lasted so long with such a thin skin. Don't forget that some of us who would rather like it if the tenant fulfilled the contract they'd signed are not overly happy with landlords who don't do the same.
Personally, I'd have offered her lots of money if she agreed to show prospective purchasers round resulting in a sale. And then be pleased I was out of the business.

Hippogriff

Karine has left the building, I'm afraid. It was all too much.