TRying to sell the house with tenants in - undisclosed dog

[Newbrummie]

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 ?

[Trainspotting1984]

The deposit is for damage to the house. You don't get it for anything else unless they agree.

You'll have to evict them then sell as others have said

[TSSDNCOP]

You can't withhold the deposit of they haven't breached contract. You could go round tomorrow and there not be a scrap of dog mess anywhere.

You've cocked up the contract. Not them.

I have a lot of sympathy for landlords, because there's lots of reasons why someone lets a property not just for profit.

I have less sympathy for amateur Landlords that don't have a contract and then come over all send the boys round when they don't like that the pesky tenant is just behaving as people do in their own home.

[thecatneuterer]

Ah right. If you have a guarantor that's another matter. Then you can get costs back, but not for a Section 21, only for non payment of rent.

[Newbrummie]

Didn't do them a favour - actually I did, nobody else would rent to them, so yeah I could have charged more and let to somebody else. I'm not asking for any thanks but not covering the patio with dog shit would have been a nice touch

[user1477282676]

Mambono "you're afraid it's not their home" Well I'm afraid you're wrong!

They live there. There things are there. It is their home.

Are they homeless because they don't OWN it?

No.

It's their home. Not their house.

[Newbrummie]

TSSDNCOP - and hopefully that's absolutely the case, I like the woman nobody needs any nonsense

[Mummyoflittledragon]

They're paying rent and allowing viewings. They're not being sneaky. I say this as a landlord. They should be clearing the shit up and I can imagine you're pissed off. But your attitude is unpleasant and you're the type of person, who is giving decent private landlords a bad name. The best thing you can do is serve them notice. Stop trying to get people to pay for selling your house, which as people have stated is their home. And I'm [shocked] at your guarantor comment. Several years ago I took people with a guarantor. I ended up serving notice on them because they stopped paying and her poor parents ended up footing the bill. They were bloody irresponsible but be damned if I was going to take advantage of her parents. I decided not to take tenants in this situation again.

[OurBlanche]

6 months and £800 is fuck all really though tbh. And I'll get that back from the deposit. That really isn't how it works. You can't retain deposit like that!

Does your AST say that you reserve the right to retain deposit for any legal actions taken regarding breach of contract?

Even then you'd be unlikely to win as your contract doesn't say they can't have pets!

Take your problem to Landlordzone... the legal beagles and long term landlords with ARLA training will give you chapter and verse!

[thecatneuterer]

mambono is right though, an empty house is easier to sell than one with tenants as then buyers can be sure of when it's going to be empty. Contracts can't be exchanged with tenants in situ and evicting tenants can take a very long time indeed. So having tenants at all, rather than a bit of dog shit, is likely to put some buyers off.

[user1477282676]

OP you'd best not expect thanks or get emotional about this. That's what previous poster meant by amateur landlords.

It's nothing to do with how magnanimous you've been letting them rent it. It's everything to do with the fact that they're in it now, they have a dog, you don't like it but there's nothing you can do.

They could, if they chose, refuse viewings until they have somewhere else to live.

Perfectly within their rights to do so.

[thecatneuterer]

OurBlanche. She could only claim legal costs against the tenants if they stop paying rent (the Court can grant costs against the tenant), not if she wants to get rid of them because of the dog, for which she would have to use a Section 21.

[barinatxe]

The hassle is a risk you take when you become a landlord. You are making an investment of people's basic need for a roof above their head, like any investment you can find that the money and effort spent is not worth the reward.

In ruthless practical terms, it is usually best to get the property empty before arranging viewings. You will "lose out" on a few months' rent but you can have the place clean, tidy and presented however you like. You can arrange viewings whenever you like. And you can clear up any dog shit.

Buyers probably won't be put off by the dog shit itself, but they will be put off by the knowledge that there are sitting tenants who might make life difficult. When I was looking at flats a couple of years ago I turned down what appeared to be the perfect property specifically because there was a tenant there - a tenant who, during the viewing, with the estate agent present, told me that she "wasn't going anywhere." It was the best flat I'd viewed, exactly what I wanted, but wasn't worth the hassle... and was still being advertised 18 months later!

[TSSDNCOP]

nobody needs any nonsense you know you're sounding more than a bit Arfur Daley OP.

[Newbrummie]

Mummyoflittledragon I'm not going to be taking advantage of their parents. If they don't pay the rent I'm going to legally enforce a contract they willing signed. I'm pretty sure it won't come to that though, no need to get over excited

[OurBlanche]

thecatneuterer that is what I said!

[londonrach]

Op you do realise you tenants dont have to allow access for viewings even if in the contract. Navy and black..it is their home. Dog poo not picked up is yuk but if ops contact allows a dog not much she can do. Its up to ops contact if she allowed pets. Personally i think you shouldnt sell a house whilst tenants are in situ as not fair on them or the buyer. Op id remove house off market, give them 2 months notice and sell the house when vacant thats if you are serious about selling.

[thecatneuterer]

Ourblance - yes but in that quote the OP was referring to what would happen if the tenants stopped paying rent, which is a bit different.

Anyway, we're splitting hairs.

OP, either evict the tenants because it's always easier to sell with guaranteed vacant possession.

Or just ask them nicely to clean the dog shit and be grateful that they are allowing viewings.

That's it. Any other discussion is a bit pointless in my opinion.

[OurBlanche]

Ah! That point was tad lost on me as I had missed a coupe of posts

[Newbrummie]

I think I'll just see what happens. And mention the dog shit when I do an inspection if there's any sign of it

[EdenX]

You can't get their guarantor to pay your court costs to evict them.

[Newbrummie]

It was sneaky though and makes their own lives harder in the long run

[Newbrummie]

EdenX it won't come to court proceedings believe me

[Trainspotting1984]

By the way this is why, i, as a tenant, I never allowed viewings.

[PixieMiss]

You have put their deposit in a deposit protection scheme, I hope?

Otherwise they can claim back 3 times the amount of the deposit.

[Newbrummie]

Trainspotting1984 - and that's your choice. You can't blame me for being peeved to discover something that wasn't disclosed and crap all over my garden though. It's not like she didn't know they were coming.