Terminating contract with idea to sell but not 100% sure.

Visconti · 20-09-2018 09:16AM #1

I have tenants in a property on HAP, the HAP is working out fine but the tenants are a disaster.
Not paying their part of rent (hap pays most of it but not all)
Dumping rubbish in neighbouring areas.
Damaging things in the house and demanding new stuff.

I have told them I intend to sell and I genuinely do but I dont want to have a gun to my head if I change my mind.

I know I can go down the route of eviction due to their behaviour but would rather put the house up for sale , if I can get a good offer in the first few months I will sell if not I will rent to someone I know and not a stranger again, Can I give them the letter they want for social welfare to say the house is being sold or is that legally binding that I have to sell or offer it back to them within a required time ?

Thanks

Victor · 20-09-2018 09:46AM

What does your agreement with the council say?

Flip-flopping in what you say to the tenant is the type of thing that will mean you end up in a world of hurt.

davindub · 20-09-2018 06:11PM

Visconti wrote: »

I have tenants in a property on HAP, the HAP is working out fine but the tenants are a disaster.
Not paying their part of rent (hap pays most of it but not all)
Dumping rubbish in neighbouring areas.
Damaging things in the house and demanding new stuff.

I have told them I intend to sell and I genuinely do but I dont want to have a gun to my head if I change my mind.

I know I can go down the route of eviction due to their behaviour but would rather put the house up for sale , if I can get a good offer in the first few months I will sell if not I will rent to someone I know and not a stranger again, Can I give them the letter they want for social welfare to say the house is being sold or is that legally binding that I have to sell or offer it back to them within a required time ?

Thanks

Note "intend to enter a binding agreement to sell within 3 months of the termination date" is the standard and you need to provide a statutory declaration of this when giving notice. A solicitor will explain what this means in the context of the residential tenancies act.

3DataModem · 21-09-2018 08:43AM

Remember, if you end up not selling and re-renting, you will be obliged to offer it to the old tenants first.

I’ve heard of a case where “bad” tenants evicted in this manner had provided a false forwarding address when they left (to avoid bills), which ended up helping the landlord as he sent a registered letter to that address offering the property back to them as a rental. No reply in 28 days? Free to rent to whomever they wanted.

sexmag · 21-09-2018 11:53AM

3DataModem wrote: »

Remember, if you end up not selling and re-renting, you will be obliged to offer it to the old tenants first.

Can you link to wear it says this?

3DataModem · 21-09-2018 12:07PM

sexmag wrote: »

Can you link to wear it says this?

Section 56 of the 2004 act.

Basically it says that if landlord boots you out to sell, but re-rents the property without asking you if you want it first, you can complain to RTB.

Visconti · 21-09-2018 12:39PM

Victor wrote: »

What does your agreement with the council say?

Flip-flopping in what you say to the tenant is the type of thing that will mean you end up in a world of hurt.

Council have no issue with it.

Visconti · 21-09-2018 12:42PM

davindub wrote: »

Note "intend to enter a binding agreement to sell within 3 months of the termination date" is the standard and you need to provide a statutory declaration of this when giving notice. A solicitor will explain what this means in the context of the residential tenancies act.

Ok thanks. Does a solicitor need to witness the statutory declaration ? I presume templates for the "statutary declaration " and " termination of contract" are on the rtb website.....

Visconti · 21-09-2018 12:43PM

3DataModem wrote: »

Section 56 of the 2004 act.

Basically it says that if landlord boots you out to sell, but re-rents the property without asking you if you want it first, you can complain to RTB.

I will offer them the house back its not an issue if thats what I "have" to do.

Del2005 · 23-09-2018 09:49PM

Visconti wrote: »

I have tenants in a property on HAP, the HAP is working out fine but the tenants are a disaster.
Not paying their part of rent (hap pays most of it but not all)
Dumping rubbish in neighbouring areas.
Damaging things in the house and demanding new stuff.

I have told them I intend to sell and I genuinely do but I dont want to have a gun to my head if I change my mind.

I know I can go down the route of eviction due to their behaviour but would rather put the house up for sale , if I can get a good offer in the first few months I will sell if not I will rent to someone I know and not a stranger again, Can I give them the letter they want for social welfare to say the house is being sold or is that legally binding that I have to sell or offer it back to them within a required time ?

Thanks

I'd use the behaviour route. For either reason the tenants can over hold but if you say you are selling and don't then you'll have to offer re rent to them so what was the point of evicting them in the 1st place, the RTB will give them a nice payout if you don't offer it back to them.

davindub · 23-09-2018 10:45PM

Visconti wrote: »

Ok thanks. Does a solicitor need to witness the statutory declaration ? I presume templates for the "statutary declaration " and " termination of contract" are on the rtb website.....

Yes or a commissioner of oaths, note there are offenses relating to false statutory declarations, so a solicitor would be better placed to advise and sign the declaration.

Terminating contract with idea to sell but not 100% sure.

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