Problem with Tenants

Petunia68 · 19-06-2014 3:35pm #1

Hi I'm a landlord and I have a house that has been rented since April 2013. Due to financial difficulties I need to sell the house. I notified the tenants of this, served them notice and they agreed to leave. They did however ask if they could stay until the end of June as they knew of an available house coming up then. I agreed to this. Now they tell me that the house will not be available until the end of August. It's important I get the house on the market as soon as possible. Do I have to serve them with another 42 day notice? or can I just request they leave as agreed at the end of June? Many thanks for any advice.

3DataModem · 19-06-2014 3:42pm

Just request they leave as agreed. I sympathise with the tenant, but just simplest to get them out now/

Petunia68 · 19-06-2014 3:46pm

Thanks 3DataModem, Yes, I'm not unsympathethic to their situation and I have tried to accommodate them as much as possible, but I really need to get the house on the market. However if they refuse to leave at the end of July, do I have to serve them with another notice of termination?

Petunia68 · 19-06-2014 3:47pm

end of June apologies.

athtrasna · 19-06-2014 7:47pm

How much notice did you give? They have part iv rights now and while you can evict to sell there are specific notice periods

Petunia68 · 19-06-2014 7:55pm

I gave them 42 days notice. They agreed at first, then came back to me to say they had a house lined up for end of June, I said they could stay until then. I contacted them early June to confirm they were leaving at the end of the month. Initially they said they were, then came back to me and said it was delayed until end of August. I'm just wondering if I have to serve them with another notice now as I can't wait until the end of August to put the house on the market. I think I've been understanding and tried to accommodate them up till now but I need to sell the house.

The_Conductor · 19-06-2014 7:56pm

athtrasna wrote: »

How much notice did you give? They have part iv rights now and while you can evict to sell there are specific notice periods

The 42 days notice would appear to be in order- as the tenant has been there between 1 and 2 years.

OP- the original notice stands. Once they overstay the agreed leave-date, they are in breach of the tenancy. You can be nice and ask that they leave by an amended date. They have however had their 42 days- you do not need to serve them with new notice.

If they still refuse to leave- you are looking at PRTB arbitration.

Petunia68 · 19-06-2014 8:01pm

Yes that's what I feared alright. I was genuinely trying to accommodate them but now I think they may just be taking me for a fool. If I put the house up for sale with them still in it, will that effect their rights? I'm really not very informed about how to deal with this situation. Thanks again for all your advise.

lolosaur · 20-06-2014 12:28am

whats another month?

if they **** you over at the end of it, you tell them they have one hour to move out or you will be keeping their deposit.

You didnt give them back the deposit or anything silly like that did you\?

Bigcheeze · 20-06-2014 6:42am

Why not let them stay on the condition they accommodate regular viewings. Sale won't close before August either way and you get some additional rent to help with your financial difficulties.

Petunia68 · 20-06-2014 3:37pm

Thanks for feedback guys. Already had to use the deposit to cover one months unpaid rent, of course they promised to pay it back monthly but never did. The problem is, if I was sure they would leave end of August like they've said I would accommodate them, but I'm worried they are playing a waiting game and will just give me another excuse when that date comes. Legally, if they sign a contract saying they will be out by end of August, is that binding? or will I just have to go to the PRTB anyway?

The_Conductor · 20-06-2014 4:20pm

You will have to go to the PRTB if they don't leave.
If you decide to 'be nice' to them and let them stay a little longer- why on earth wouldn't they?
Unfortunately- you have to agree a date- and stick with it.
If they are not gone- its PRTB- without exception.
Once you start 'being nice' its a slippery slope- and they'll imagine they can get away with whatever they want.......

Petunia68 · 20-06-2014 4:28pm

Thanks Conductor. Can I put the house on the market while there is a dispute with the PRTB? When I notified the Tenants that I had to sell and I agreed to let them stay until end of June they agreed to let viewings take place, but they have the place in a bit of a mess, it needs to be repainted etc and I decided to wait until they were gone to paint it and then market it. Would I be in the wrong if I put the house on the market now?

The_Conductor · 20-06-2014 5:43pm

Put it on the market by all means- but its not going to be ideal for showing people around- plus it would be advisable to emphasise that its not a 'bank sale' (estate agent speak for 'repossession'- a term they don't like to use).

You most probably will discourage a sizeable number of potential purchasers with a sitting tenant- aside from anything else, anyone who needs a mortgage needs vacant possession- and if you can't get rid of the tenant now- who is to say they'll magically agree to leave when you sign on the dotted line?

You need to get the tenant out, the property spruced up in neutral colours- and then show it when people want to see it.

There is a shortage of property on the market at the moment- but that said- you will be doing yourself a disservice, by presenting the property in a suboptimal manner.

Petunia68 · 20-06-2014 5:54pm

Thanks for all the sound advice Conducter. I'm sure my tenant knows the property will be less attractive to purchasers with a sitting tenant. I think I will put it up for sale and hope that he gets the message and moves out, in the meantime I shall raise a dispute with the PTRB. What a catch 22 being a landlord is!

Problem with Tenants

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