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TRying to sell the house with tenants in - undisclosed dog

(421 Posts)
Newbrummie Sat 28-Jan-17 14:07:48

So had a viewing at the house yesterday and the patio was covered in dog shit, as was the garden. I figured it would take a few months to sell so was happy for them to stay whilst it was on the market. Am now starting to think this is going to be impossible isn't it ?
Can I afl them to remove the dog for the rest of the tenancy ?

NavyandWhite Sat 28-Jan-17 14:28:21

Message withdrawn at poster's request.

KateDaniels2 Sat 28-Jan-17 14:29:04

Of course its their home.

I wouldnt be happy about the dog shit being left all over the garden. Perhaps it would best to get them out and then sell.

If you dont want tenants to have pets you need a no pet clause. Why woild they need to tell you of its not in the agreement?

KateDaniels2 Sat 28-Jan-17 14:30:15

They shouldn't have a dog without asking the LL first and definitely shouldn't leave dog crap everywhere.

Says who? Because their contract doesn't

user1477282676 Sat 28-Jan-17 14:30:42

NewBrummie it can take 12.17 months to actually get tenants out. So you can say "they'll be out damned quick and they know it: all you want.

The fact is that they do have rights and can stay put until all the boxes are ticked. And that takes months. For you that is. It's unfortunate...they won't be seen as intentionally homeless if you evict them.

Gallavich Sat 28-Jan-17 14:30:47

If they stop paying rent they will be out damned quick and they know it

What do you think your options are here?
You can let them carry on with their dog shit and try to sell the house with them in situ
Or you can serve them notice and risk them stopping paying, and even if they don't stop paying they probably won't leave at the end of the notice period

You're the one without any power here I'm afraid

LouBlue1507 Sat 28-Jan-17 14:30:52

Newbrummie You're attitude is fucking disgusting! You sound extremely threatening too! They'd be better off not having a bullying landlord like you!

EdenX Sat 28-Jan-17 14:31:24

Navy they pay rent and they have rights. Allowing viewings and rehoming pets are big favours.

thecatneuterer Sat 28-Jan-17 14:32:28

You can issue 21 eviction proceedings by giving them two months notice. However it can then go to court and then bailiffs and can easily take 6 to 8 months in total and cost quite a lot in fees. Is that worth it to you?

I would just ask them politely to clean dog shit when there are viewings and leave it at that.

And really potential buyers can't be so stupid that a bit of dog shit would put them off buying a house, when it obviously won't be there when they live there.

NavyandWhite Sat 28-Jan-17 14:33:06

Message withdrawn at poster's request.

EdenX Sat 28-Jan-17 14:33:32

They need to keep paying their rent and sit tight until the OP legally evicts them through the courts in the next year. The council and Shelter will both give them that advice.

Newbrummie Sat 28-Jan-17 14:33:52

Excuse me, I in good will let them my property and they've been sneaky. I'm not the one here that's done or doing anything wrong. I don't own a monopoly board of houses this was MY home and is my children's future. It's not my fault they've ducked theirs up.

LTBforGin Sat 28-Jan-17 14:35:04

Lots of hate for LL here!

Def serve notice asap op. That's good for potential buyers too.

barinatxe Sat 28-Jan-17 14:35:26

The landlord needs to bear in mind that the tenants are probably devastated that they are losing their home and are worried about where they are going to go. To have the inconvenience of accommodating viewings for potential buyers rubs salt into the wound. It is hassle enough when it's your own property, it is even worse when you are not benefiting from the sale; quite the opposite in fact.

If their contract doesn't state "no pets" then they are perfectly entitled to have a dog. Even if it did say that, you would not be automatically able to evict them over it.

I fear that you need to get ready for a protracted battle here. If they have nowhere to move to, they will be unlikely to leave voluntarily (and they would be idiots to make themselves voluntarily homeless). You serving notice is only the beginning of the process. Once the notice period expires, you have to apply for a court order. Once you obtain the order, the tenants will be given a deadline to leave by. If they still don't leave, you have to go back and apply for a warrant for possession to send the bailiffs in to forcibly remove them. This will take several weeks, possibly a few months to get through the entire process. Bear this in mind when dealing with potential buyers, because they might not be patient in waiting for you to sort out your affairs.

thecatneuterer Sat 28-Jan-17 14:35:29

If they stop paying rent they will be out damned quick and they know it

Ha ha ha. You obviously know NOTHING AT ALL about being a LL if this is what you think. The average time it takes to evict people for non payment (using a Section 8) is 6 months, but it can very easily be longer. And you are likely to get no rent at all in that time and will cost you around £800 in fees and thousands if you use a solicitor.

Eviction by any other means is a criminal matter for which you can be fined thousands and even go to jail.

EdenX Sat 28-Jan-17 14:35:42

It might not be your fault but you chose to take on certain responsibilities and risks when you become a landlord.

Gallavich Sat 28-Jan-17 14:35:59

You didn't tell them not to have a dog!
Fucking amateur landlords, this is ridiculous. You should be crystal clear about your rights and obligations before you rent out a house.

LouBlue1507 Sat 28-Jan-17 14:36:40

*Newbrummie

Excuse me, I in good will let them my property and they've been sneaky. I'm not the one here that's done or doing anything wrong. I don't own a monopoly board of houses this was MY home and is my children's future. It's not my fault they've ducked theirs up.*

Yet again appealing attitude! Best off without you.

FallenSky Sat 28-Jan-17 14:36:46

You in good will let them your property? What was the good will?

Have you asked them politely to make sure there is no dog shit on the patio whilst they are accommodating your viewings?

Newbrummie Sat 28-Jan-17 14:37:37

6 months and £800 is fuck all really though tbh. And I'll get that back from the deposit. It's no biggie, calm down.
I suspect they'll just go and get on with their lives though, not everyone wants a drama over a house move.

thecatneuterer Sat 28-Jan-17 14:39:26

You can't get Section 21 fees back from a deposit as it's a 'no fault' eviction. I'm not sure about bailiff fees though, that's probably possible.

A bit of dog shit is also 'no biggie' and is very unlikely to put off serious buyers.

OurBlanche Sat 28-Jan-17 14:39:57

It is their home and the only thing they are required to do is leave it in the same condition (with fair wear and tear) as it was when they moved in. So the dog shit is a non issue until they day they move.

They don't have to allow viewings during their tenancy either!

EdenX Sat 28-Jan-17 14:40:33

You've said they won't be able to get a private tenancy, so where will they go quietly?

thecatneuterer Sat 28-Jan-17 14:40:52

Yes you could get that back if they stop paying rent, but I can't believe their deposit is at least 6 months rent plus £800?

Newbrummie Sat 28-Jan-17 14:41:55

thecatneuterer - you claim legal costs back from the guarantor who I'm sure would then be thrilled and happy to go guarantor again. I suspect as they are just normal people though they pay their rent and leave like you know most people would and do

user1477282676 Sat 28-Jan-17 14:42:02

NewBrummie you didn't do them a favour you know. They've been paying your mortgage! Or lining your pocket.

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