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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 ?

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MalletsMallets · 28/01/2017 19:56

This is one of those shit all round situations.
You need to market the property once its empty.
Ive been the tenant in this situation and its crap, the estate agents treat you like shit, they turn up when they like, they cancel without telling you, they sneak extra appointments in. They have no respect for you.
Then theres the people trapsing round critiquing your furniture and cleanliness. Pictures of your furniture on the internet and people making judgements on you.
You spend days cleaning and keeping it properly spotless in case theres a viewing. (i ate pizza constantly for one week of viewings so i didn't mess the kitchen up by cooking!). You hope it might be a landlord looking to invest who will take pity on you.
You never know when that day will come, to move its completely out of your control.

Give them notice, get them out and you know it will be spotless and ready for viewings all the time. Potential purchasers won't feel awkward looking around the house and the sale will go through a lot quicker as the purchaser won't worry you will need to have the tenants evicted.

Greta84 · 28/01/2017 20:21
Biscuit
reallynothelpful · 29/01/2017 17:59

I am in a position where our ll is selling but is trying to get us to leave rather than serving notice. He constantly asks when we are going, has had valuations that we have had to facilitate and builders round, plus spot checks at less than 24 hours notice.
The dog being undisclosed isn't relevant and regardless of what the tennancy says, you can only get them out with 2 months notice on a rolling tennancy or at the end of a fixed tennancy.
You are not being unreasonable to ask for dog mess to be cleared up but they may just not do it and frankly there is little you can do as if you haven't already, you would still have to give notice and get a court order to evict if they don't budge.
You didn't state where you are in the notice period, but please be mindful that their financial situation is probably more of a worry than the dog mess and it doesn't make them any less important than you are.
Perhaps thinking of how you would like to be treated in this situation And approaching it from that angle might help.
I hope you get a resolution, I won't be leaving my home until I either secure the home that is right for me and my family or a bailiff changes the locks, I know full well which of these is going to cost the landlord more and so does he.

Itwillbefine · 29/01/2017 18:08

I made a loss when I rented my old flat/home. I tried to sell, it didn't go for a year so I rerented. I got screwed over by one set of tenants who stopped paying me and I never got all the money despite going to court and them getting a CCJ. When I did sell a few years later I think it would've gone quicker without tenants, the photos were awful with all there stuff etc. I couldn't exchange until they were out anyway.

I would advise you to give them notice, hope they leave the place dog shit free and sell with it empty. Worked better for me.

And all LL are not money grabbing bastards as the majority of MN posts seem to think

Newbrummie · 29/01/2017 18:08

reallynothelpful - I do completely understand and sympathise with their and your situation but it's not of my making and you have to I guess realise this is why finding your next home will be more difficult. I hate renting and will go on bread and water to buy my next home which honestly what I'd advise you to do if you can. Fucking up your credit history by being evicted by bailiffs won't help you in the long term though will it ?

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specialsubject · 29/01/2017 18:09

really as you (understandably) aren't worried about not upsetting the landlord, why not write to him stopping all viewings and change the locks? When you leave, you put the old locks back and make good any damage.

You know that those short notice visits are not allowed.

as you haven't been given notice you've no need to go anywhere, as the months and months of the process to bailiff has not commenced. But also be aware that the cost of the eviction (about £600, double or more if solicitors/high court involved) will be down to you, even though this is rarely enforced.

your LL cannot sell to anyone except another LL with you still there.

And I am saying all this as a LL.

Trainspotting1984 · 29/01/2017 18:14

How will being evicted fuck up your credit history?

EssentialHummus · 29/01/2017 18:18

train typically the path to eviction is tenant stops paying-LL serves notice-tenant hangs on after expiry-LL starts proceedings in court for eviction-eviction-LL secures CCJ against tenant for arrears/costs.

(Sometimes with steps one and two reversed.)

Newbrummie · 29/01/2017 18:18

Eviction court orders are added to the public files on your credit report.
A bad tenants database is also planned in line with other countries

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Trainspotting1984 · 29/01/2017 18:20

As long as you keep paying the rent you won't get a CCJ. If they don't want to leave why would they stop?

Newbrummie · 29/01/2017 18:21

It's in the public files whether you pay rent or not if you're evicted according to the gov website

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Trainspotting1984 · 29/01/2017 18:21

I am almost certain that's not true newbrummie. Your credit file reports your credit history. If you rent a home to them you don't give them credit. The only way it gets on there is if a debt is created and enforced by CCJ. But as above if you don't owe them any money it's nothing to do with credit agencies

Trainspotting1984 · 29/01/2017 18:23

I've just googled it and if that's what you did (you answer quotes the first return) that's in America, not here

jayne1976 · 29/01/2017 18:23

Tricky - was going to say give them their notice then sell, but by the sounds of it they've nothing to loose and everything to gain by squatting / refusing to move!

Newbrummie · 29/01/2017 18:25

I'm only repeating what is says there.

The other point about the staying put until you're literally thrown on the streets before the council will house you, that's not true either the council would have to house a family who landed in their offices with children, carry out an investigation and even if they find you are intentionally homeless so what. They can't and don't kick you into the streets social services would step in so there is really no need to put yourself through all that hassle

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brokenheartdog · 29/01/2017 18:28

I'm pretty sure being evicted without owing debt does NOT go on your credit report. Friends of mine were evicted because the landlord decided to take back properties to sell.
They had to stay put and wait until bailiffs came as the council told them to. It didn't affect their credit score at all. I know definitely as he works in a finance job where it would have been an issue.

Tbh if they were made bankrupt then that would be the least of their worries.

Newbrummie · 29/01/2017 18:28

jayne1976 - if they take that stance I've got nothing to loose by letting it get repossessed either and then they will be out bloody quick

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Itwillbefine · 29/01/2017 18:33

Um, I think getting it repossessed would affect your credit rating

Newbrummie · 29/01/2017 18:34

Wouldn't affect mine

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brokenheartdog · 29/01/2017 18:36

They won't be out bloody quick if it gets repossessed either.
There are special rules if a property is repossessed with tenants in situ. I know because this has happened to us. We still had to get the required notice as per the law. That's if you have followed the law and your mortgage company know you are letting.

Please don't let a property out again. You seem to have no idea of the law surrounding it and you are going to get yourself into masses of shit.

Fortunately for you I'm betting your tenants don't know their rights...

Trainspotting1984 · 29/01/2017 18:36

Yes but brummie- what you're reporting is only true in the USA Confused

Foxesarefriends · 29/01/2017 18:37

Getting repossessed would not affect your credit rating unless a CCJ was ordered and subsequently not paid.
Such a lot of nonsense on this thread.
Anyone who becomes a landlord should at least familiarise themsekf with basic tenancy law.

Foxesarefriends · 29/01/2017 18:38

And there are no public files lodged with the government on people who rent, give me strength.

Newbrummie · 29/01/2017 18:39

brokenheartdog - this is what's making me laugh, I'm sure they do as do I - they pay their rent they get to stay, they don't and they don't. At the moment all is hunky dory so there really is none of the exciting drama being made out here.
They were served notice yesterday, if they stop paying the rent I'll stop paying the mortgage and the bank can sort them out. I'll get what's left at the end which seems to be all I can hope for no matter what

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Newbrummie · 29/01/2017 18:40

Well the bad tenants database is underway, I received an email to invite membership of it a couple of weeks ago, for £10 you can search to see potential tenants previous evictions

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