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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Cheby · 29/01/2017 19:10

Wow OP. Just wow. You are on such thin ice not having put their deposit in a scheme. You know you will owe them 3x the deposit back? You sound incredibly arrogant, as well as ignorant of the law and the way local councils work wrt homelessness.

Oh, and your tenants weren't sneaky for not telling you they had a dog. You failed to put a clause in the tenancy so they have done nothing wrong.

I am so glad I don't rent any more and have to worry about having to deal with incompetent amoral landlords. This thread shows there are some very knowledgeable abd ethical LL about. But for every good one there is at least one who is the opposite.

Original poster
Newbrummie · 29/01/2017 19:12

Cheby FFS it's in the scheme

OP posts:
Original poster
Newbrummie · 29/01/2017 19:13

CherryChasingDotMuncher No and reading through the bankruptcy forums they'd be in trouble there if they got into further debt

OP posts:
CherryChasingDotMuncher · 29/01/2017 19:15

Cheby OP said the deposit is in a TDS

caringcarer · 29/01/2017 19:17

Newbrummie you do not say how long is their Tenancy Contract is for? We have 4 B2L properties. I would wait until their tenancy is due to end and then not offer them renewal. You will have to give 2 months notice even then in writing to tenants and post letter to them by signed for delivery. In future it saves a lot of hassle if you only rent periodic tenancies for either 6 months or 12 months at a time and always include a 'no pets' and no changing decor unless paint work is all returned to neutral before leaving tenancy. We allowed a tenant to have a small dog but got them to sign a document clause to agree they would repair any damage caused by dog, keep garden clear of dog excrement and have all carpets professionally cleaned when they left tenancy. BTW even if they stop paying rent you will still have to give them a couple of written warnings of intent to evict and then give 2 months notice before applying to court for Eviction Order. Only then will you get Eviction Order and if they are behind on their rent you can then seek to recover money from their guarantors. These days tenants have more rights over property than the owner. We always make sure all potential tenants are fully vetted including job and bank reference and take a bond equivalent to one month's rent. Also you cannot keep bond if they fail to pay rent either. Frankly we are very picky about our tenants however we will accept a lower rent if we know the tenants and trustworthy before renting to them and prefer a reference from their previous Landlord. If they are good tenants they will not mind this. Some Landlords sell house with tenants included and if good rental income for money paid for house you may well find a person willing to take over tenancy. We did this on last B2L we bought house with sitting tenants and will offer them renewal in March as good tenants. I think this may be your best bet. Talk to tenants and ask them if they would like you to try to do this or do they want to leave?

CherryChasingDotMuncher · 29/01/2017 19:19

Honestly if they pay on time and give no trouble any other way, and are allowing viewings, I wouldn't rock the boat too much. Like you said earlier do an inspection and bring it up then but keep them sweet in the mean time. If they're already bankrupt then they having nothing to lose not paying rent. For many tenants, living rent free for a year with the only consequence being a blemish on their credit is absolutely worth it.

Original poster
Newbrummie · 29/01/2017 19:19

caringcarer thank you, I do realise this and have options under section 8 which I've served them with. I guess we'll see what happens

OP posts:
Original poster
Newbrummie · 29/01/2017 19:21

CherryChasingDotMuncher. Actually I've been told and need to obviously check it out, if they run up further debts after bankruptcy before its discharged they get in real trouble so I can't see it.

OP posts:
CherryChasingDotMuncher · 29/01/2017 19:21

caring has a good point, selling to an investor is a very good option as they're actively looking for good tenants who pay their rent on time. You sell the house, they get to stay, everyone's a winner! However the fact you're charging £400pcm lower than the market value will go against you as an investor will be looking to raise this most likely

Original poster
Newbrummie · 29/01/2017 19:22

CherryChasingDotMuncher. And they do have a guarantor so they'd be fucking their own parents over, I have said this, repeatedly it's all quite boring really

OP posts:
Original poster
Newbrummie · 29/01/2017 19:22

CherryChasingDotMuncher. The maths doesn't add up as a buy to let tbh

OP posts:
Foxesarefriends · 29/01/2017 19:23

I might have missed an earlier post, so apologies but you have served them a s8? So they haven't been paying rent then?

Original poster
Newbrummie · 29/01/2017 19:25

Other grounds Fox

OP posts:
voddiekeepsmesane · 29/01/2017 19:27

I am in my 40s DP is disabled and we have a 12 year old DS. We have and will never ever be able to get on the property ladder so we have always rented. I HATE LL that think we are the scum and we are just there to line their pockets, It IS our HOME people. It may not be our house but it IS our HOME. The fact that you are not even complying with the law ( deposit in scheme) says a lot about you as a LL and yet even though your legal tenancy agreement has no mention of no pets you think they are in the wrong? You have every right to ask them to make sure they clean up after their dog but apart from that ...tough!

YouHadMeAtCake · 29/01/2017 19:27

YABVU and ridiculous. They have not been sneaky ffs , you did not put a No pets clause in and no, you can't end the tenancy because they have a dog. LL like you give decent LL a bad name!

brokenheartdog · 29/01/2017 19:28

Section 8 is fault based. I.e they haven't paid rent or have seriously breached the tenancy agreement. (usually antisocial behaviour)

If it goes to court a judge won't automatically evict especially if no serious evidence and the rent is paid as far as I know. (trying to remember from memory from working in courts)

If there are no rent arrears and you just want the property back you need to issue S21 I think.

Original poster
Newbrummie · 29/01/2017 19:28

YouHadMeAtCake it's not being ended because of the dog. We established on page 1 it was my mistake re the dog. Thanks for your comments

OP posts:
Original poster
Newbrummie · 29/01/2017 19:29

voddiekeepsmesane the fucking deposit is in the scheme for the 5th fucking time

OP posts:
Merlin40 · 29/01/2017 19:29

Newbrummie, you are allowed to write cunts.

Original poster
Newbrummie · 29/01/2017 19:30

brokenheartdog the grounds are mandatory grounds, it'll be granted if it gets that far.

OP posts:
voddiekeepsmesane · 29/01/2017 19:30

This poster is drip drip drip drip maybe if you posted the full fucking story in the beginning ...if it is actually real and not you going "Oh no people aren't agreeing with me so must make up new shit to make my tenants arseholes"

Trainspotting1984 · 29/01/2017 19:31

Don't rely on the guarantor. What if they don't pay up? You'll have to take them to court, more expense. And if they can't pay? You might get a charge on their house. You'll never see the cash

Original poster
Newbrummie · 29/01/2017 19:31

voddiekeepsmesane I've never said their shits, I've repeatedly said I like the bloody woman ... Jesus

OP posts:
Original poster
Newbrummie · 29/01/2017 19:33

Trainspotting1984 if I get a charge on their house you still get the money in the end and a better rate of interest than the bank pays but again, why so keen to suggest the worst. I genuinely don't get why it's all so necessary

OP posts:
Viviennemary · 29/01/2017 19:35

This is enough to put anybody off being a landlord. Of course tenants should look after the property and not have dog mess in the garden. I think it would be easier to give them notice to quit and put off selling till they've gone. But people do buy houses where a dog has been in residence.