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Original poster

Tenants making viewings difficult

470 replies

areweonabreak · 03/03/2023 14:23

We have a flat that we rent out. It was my DH’s flat before we met. It’s been rented out for 10 years now (by only 2 tenants) but we’re now in a position where our own house needs a lot of money spending on it and we want to free up some capital.

we do feel bad for the current tenant, we offered them first refusal to buy the flat (it’s on the market for £90k) but they cannot afford it (even though a mortgage would probably be cheaper than the rent but they’d another thread)

we’ve had a few viewings now but all the feedback is that the tenants have told them that they don’t want to move so they’re put off as they don’t want the hassle.

we live about a 40 minute drive away from the flat so the agents are sorting out all of the viewings. The agents have suggested that it might be easier to sell if it’s empty.

We’re really not sure what to do, they’re on a rolling monthly contract at the moment.

has anyone else been in this position before?

would anyone else recommend selling as a vacant property?

OP posts:
Tippexy · 03/03/2023 14:25

Good for them. They’re entitled to quiet enjoyment.

Skinnermarink · 03/03/2023 14:26

You do know that they’re within their rights not to allow any viewings at all? It’s called right to quiet enjoyment.

VenAqui · 03/03/2023 14:26

do you really think everyone has the deposit even if it would be cheaper to buy?

Interested in this thread?

Then you might like threads about these subjects:

Property Property legal advice
drpet49 · 03/03/2023 14:26

Give the tenants notice and sell as a vacant property. Problem easily solved.

MaireadMcSweeney · 03/03/2023 14:26

Serve them notice and market when it's empty.

DoorstoManual · 03/03/2023 14:26

Evict them. You are trying to be reasonable.

Original poster
areweonabreak · 03/03/2023 14:27

VenAqui · 03/03/2023 14:26

do you really think everyone has the deposit even if it would be cheaper to buy?

That was a criticism of the system not the tenants

OP posts:
Somertime · 03/03/2023 14:27

You are going to have to give notice and once they have left you can sell it.

Skinnermarink · 03/03/2023 14:27

I’ve been on the other end if this when the letting agents pushed for multiple short notice viewings when I was at home with a six week old newborn. I offered them a few times when I’d be out, but then they took the piss. I went down to the letting office and demanded the keys back, blocked their number, and emailed the owner to tell them why. No more viewings until we’d vacated.

RedCarsGoFaster · 03/03/2023 14:27

Yes, they are well within their rights to do this.

As a landlord, you might do better to sell to another investor or serve them notice and sell the flat empty - it sounds like they are not going to go quickly or quietly though, so I hope you are insured for evictions if required.

Setyoufree · 03/03/2023 14:28

Market it when empty. Much easier.

creekingmillenial · 03/03/2023 14:28

It’s not the tenants job to make the property more easily saleable. I think you should give notice and sell the flat once the tenants have moved on. Don’t be surprised if they don’t go immediately as if they need council support with rehousing, then unfortunately they have to be evicted (blame the daft system for that one).

As an aside, almost all tenants pay more in rent than they would in mortgage payments (for many significantly more). It’s lack of deposit and the bank’s affordability tests that means many can’t buy even though it would be cheaper.

VenAqui · 03/03/2023 14:29

areweonabreak · 03/03/2023 14:27

That was a criticism of the system not the tenants

Show quote history

It clearly wasn’t

Thistooshallpsss · 03/03/2023 14:29

Generally it’s not worth spending money proceeding with a purchase while tenants are occupying as if they are reluctant to move it can take a long time. As others have said get vacant possession then you are much more likely to sell successfully.

WFHbore2023 · 03/03/2023 14:30

It might not be their job to make it easy to sell, but they equally shouldn't be making comments to potential buyers either.

You have no choice but to give them notice I think.

VenAqui · 03/03/2023 14:30

WFHbore2023 · 03/03/2023 14:30

It might not be their job to make it easy to sell, but they equally shouldn't be making comments to potential buyers either.

You have no choice but to give them notice I think.

They can do what they like in their own home. Which it still is.

AnyFucker · 03/03/2023 14:31

Issue them a Section 21 and hope to God your agent served all the correct notices and has protected their deposit. Then market when it is empty.

If you sell with a tenant in situ you will have to drop the price by about 20%

WoolyMammoth55 · 03/03/2023 14:32

Hi OP, we are also LLs of a single property, though not currently selling.

Your problem isn't the viewings going badly, it's your tenants not wanting to leave.

In your shoes I'd be direct with them and explain: we feel we have 2 options, either we can ask you not to interact with the agents and people viewing, OR we can give you 2 months notice (or whatever the AST says they are due) and market the property vacant. Which would you prefer?

Of course PPs are right that as long as they're paying rent they don't have to consent to viewings, but that's not the key issue here!

They are potentially not going to leave at the end of the notice period and make you evict them, judging by what they've said, in which case you need to know this and get the ball rolling ASAP.

Best of luck.

GoodChat · 03/03/2023 14:32

Just consider the fact if you're evicting them you'll be responsible for council tax etc until it's sold.

Ponderingwindow · 03/03/2023 14:33

Your tenants don’t have to cooperate with viewings. If they do allow viewings, the place can be a mess and they can be present and say anything they want.

you are trying to keep them in place because you want the income while making their lives complicated with the viewings.

there is really no dilemma here, serve them proper notice and market the property once it is empty.

one other option is to offer the tenants an incentive to cooperate. Discount their rent in exchange for viewings. You can also write up a contract that guarantees them a generous payment in exchange for moving out in a timely fashion. Letting the place sit empty will probably be cheaper, but you will have to figure out the break even point.

lunar1 · 03/03/2023 14:33

What do you expect the tenants to say? They don't want to move, they are being honest. You will have to wait until its empty to sell. They are entitled to live peacefully in their home.

PoseyFlump · 03/03/2023 14:33

Skinnermarink · 03/03/2023 14:26

You do know that they’re within their rights not to allow any viewings at all? It’s called right to quiet enjoyment.

If this is correct OP then it's a bit embarrassing you don't already know this.

WFHbore2023 · 03/03/2023 14:34

They can do what they like in their own home. Which it still is.*

And the OP can do as she wishes with their property. They've been given the opportunity to purchase their home, they can't, so they will have to leave. Making comments to viewers is just petty.

Cherrysoup · 03/03/2023 14:37

Just give them notice then sell when empty. It may well need re-decorating anyway and you'll get a better price if you do it up then sell.

MzHz · 03/03/2023 14:40

Why don’t you try and make it work so they CAN buy it? Any chance they can get a mortgage if you drop the price low enough? You could come to a deal so they get to stay in their home and you get to free up sim cash. Perhaps legally lend them the deposit, or waive the rent so that they can save up for a few months?