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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

TRying to sell the house with tenants in - undisclosed dog

420 replies

Newbrummie · 28/01/2017 14:07

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 ?

OP posts:

brokenheartdog · 28/01/2017 18:23

I am sorry op, I fully understand why you want to protect your house and your future but you are coming across awfully. I really hope your tenants get real practical advice on their legal rights because you sound the kind of person who would evict them illegally without the court doing so and I would be worried they would come home to their stuff on the lawn.

Whether your own landlord has protected your deposit is irrelevant.
It is a government legislation and the fact you haven't followed to it says a lot.

I don't hate landlords, I just hate the ones who don't follow the law.

Gallavich · 28/01/2017 18:29

Newbrummie you said upthread you don't want 'your' patio covered in shit. This is your problem. It's no longer 'your' patio. You have legally handed it over to tenants who can cover it in shit a foot deep if they wish as long as it's clean when they move out.

GlitterNails · 28/01/2017 18:33

Newbrummie - I think you might have taken my comment wrong as I wasn't cheering your tenants on. My comment was in response to the person asking if tenants are 'bothered' when served notice.

It doesn't mean I don't realise that landlords do sometimes need to do that, just purely some of the reasons why it's hard for some people.

Original poster

Newbrummie · 28/01/2017 18:34

brokenheartdog everything will be fine to the letter of the law, I know these people, so you've no concerns there but thank you again.

Gall - it is my patio, I'm the owner of said patio, they pay to rent it, not destroy it and no they cannot cover it a foot deep because that would present a health and safety and environmental risk to them and my neighbors

OP posts:

EastCoastDamsel · 28/01/2017 18:34

As an Ex LL (we sold now TG) and a respectable tenant, I understand the difficult position the IP finds herself in.

HOW EVER nothing changes the fact that her tenants are not acting in breach of contract, they are paying their rent AND allowing viewings OF THEIR HOME (yes it is their home) whilst it is on the market for sale and they are entirely within their rights to own a dog and whether you like it or not - not clean up the dog shit the moment they land! (It may be dirty and disgusting bit it ain't illegal)

You cannot withhold their deposit legally for anything that takes your fancy and you cannot evict them anyway you choose.

This whole thread sounds to me like OP is in a pretty precarious financial situation herself (and there is no shame in that - many of us are!)

I fully understand the stress you are under OP but there has really been some sound and helpful advice on this thread. Please listen to it to prevent yourself from getting into serious trouble.

(And btw - despite for the dog poo - your tenants sound really quite reasonable and accommodating. They are allowing viewings of the house while they are still living there AND besides the dog poo, it doesn't sound like the house was in a terrible.state otherwise.)

youwouldthink · 28/01/2017 18:43

Can I just point out here that you just can't turf them out! If they are still in lease you need to wait till the appropriate time to serve notice and advise your intention to sell.
In all your huffing and puffing on here you could have sent them an email to request they sort the issue out. Simple really!
To be honest you are a 'landlord' renting from someone without proper requirements in order, and to be very honest I don't believe for a moment you have their deposit protected either.
You haven;t mentioned the property inside at all so this is obviously being kept to an acceptable standard.
For God sake send them and email and ask them to sort it out and stop running people down on their luck down.

EastCoastDamsel · 28/01/2017 18:46

May I ask how long they have been in?

How desperate are you to sell?

You said you'd be happy to live in the house yourself and you also said the house is all that is standing between your children and homelessness/social housing.

If this is the case: why are you renting the house out whoever you yourself rent elsewhere? (NOT THAT YOU NEED TO EXPLAIN YOURSELF AT ALL. It'seems just that the situation seems complicated and very stressful and I worry that you are reacting to other posters from a position of defensiveness and fear rather than hearing what they are really telling you)

And of course you are upset about the dog shit - who wouldn't be. It is just that you really can't do anothing about it (legally) and neither is it a really big problem.

thecatneuterer · 28/01/2017 18:52

I worry that you are reacting to other posters from a position of defensiveness and fear rather than hearing what they are really telling you

That's a very perceptive comment Damsel. That's certainly the impression that's coming across.

And of course you are upset about the dog shit - who wouldn't be. It is just that you really can't do anything about it (legally) and neither is it a really big problem

And that is really the answer to the whole thread. Just the OP and that comment would have been enough

Original poster

Newbrummie · 28/01/2017 18:55

I appreciate it's not a huge issue. I just feel frankly they took the piss by not mentioning it and then to add insult to injury let the dog crap everywhere.

I'm effectively paying them to live in my house because it suited me at the time but now my position has changed and I would be up on the deal if I moved back in.
The kids and I are renting what is frankly a shit hole but I'm keeping it nice. I guess that's what grates. When the house sells the kids and I can move on so it's it's keeping us in limbo tbh. Not life threatening but not great either and I'm certainly not planning to loose the house and the equity I need to start again.

OP posts:

EastCoastDamsel · 28/01/2017 18:56

Gallavich · 28/01/2017 18:57

How the hell are you paying them to live in your house?

Original poster

Newbrummie · 28/01/2017 18:58

Gallavich - doesn't take a rocket scientist - I pay a lot more in mortgage than they pay in rent

OP posts:

LucklessMonster · 28/01/2017 19:08

Oh I really hope they royally screw you over, OP - and you've been very stupid in this whole thing, so it will be easy for them. You're the worst kind of amateur landlord, if this is for real.

Good luck to them!

Gallavich · 28/01/2017 19:08

You aren't paying them you absolute numpty they are paying some of your mortgage. Your attitude is bloody ridiculous.

Original poster

Newbrummie · 28/01/2017 19:12

LucklessMonster - awww so sweet ... you'll be ok putting my kids up at your tax expense will you ? You know if they do

Gall - ok I'm heavily subsidising their accommodation put that way

OP posts:

phoenixnix · 28/01/2017 19:15

You're paying them?

You sound completely unhinged.

Original poster

Newbrummie · 28/01/2017 19:16

Thank you

OP posts:

CouldntMakeThisShitUp · 28/01/2017 19:17

Are they on a rolling contract op?
Or have they signed up to a set term of x months?

They knew the risks of living in rented accommodation and they also knew of your intention to sell - hence the reduced rent.
They should have been making plans so they could up and move given enough notice.

As tenants, you need to give them at least 24 hour notice of viewings.
Which gives them enough time to clean up dog shit and make the inside look presentable.

If they are not doing that then they're deliberately obstructing your sale.

If they have a rolling contract then i would give them the required notice time that you're increasing the rent to market rates.
No point you losing out in rent just because they want to stay put.
I would also give them notice to end tenancy if they refuse to sign up to the new rental agreement.

i'd report any more dog shit to the council/environmental health - with pictures and dates.
Yes, it is their home but the property belongs to someone else - and they should be treat it with respect.
You insisting on hygiene and health safety compliance does NOT interfere with their right to peaceful enjoyment of their home or anything.

you've been too naive and trusting OP.
You need to deal with them like a boss.

Original poster

Newbrummie · 28/01/2017 19:18

I'll rephrase. They are not paying anywhere near what it costs for the house they are currently enjoying living in.

OP posts:

Foxesarefriends · 28/01/2017 19:19

I really don't think that the council/environmental health are there to deal with dog poo on private property

harderandharder2breathe · 28/01/2017 19:21

You're stupid for not charging enough rent to cover your mortgage, especially as you're renting elsewhere yourself

You're stupid for not having a no pets clause. They do not have to tell you about the dog unless you said so in the contract!

phoenixnix · 28/01/2017 19:30

Did your tenants set the rent?

Gallavich · 28/01/2017 19:35

You said you charged below market rate because you were putting the house on the market. They are paying a fair rent for that scenario. Your belief that you are paying them to live there is the stupidest thing you have said all thread and you've said a lot.

Original poster

Newbrummie · 28/01/2017 19:41

I'm not dating it's their fault or anyone but mine, but it is still a fact

OP posts:

Original poster

Newbrummie · 28/01/2017 19:41

Saying

OP posts:

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