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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask my tenant to get her son out of bed for a viewing?

83 replies

CeCeBloomer · 04/04/2017 19:32

Background is - I let my old home out to a couple (both on tenancy) however they have now broken up and the guy has moved out and left his ex and her two children (not his) in the house. It now transpires that she had no idea how much the rent is, when it's due and certainly can't afford it. In the meantime - I had been considering selling the house for some time, had talked to the guy about it and he was fine with it.
Notice has been served and they are due out mid May.
I have spoken to the lady who is still in the house with her kids, explained the situation and she said she was happy for people to view the house. However, 3 viewings were booked last night and she wasn't there even though she had confirmed she would be and was happy to so all these couples had to go home without viewing.
This morning the estate agents call to say there is a viewing booked in for 11 but that the tennant had advised her son was still asleep so they couldn't see one of the bedrooms.
I rang her and asked her if she could wake him up so that they could view all the bedrooms. She agreed but seemed pretty reluctant.
I am really fed up - I am likely not to get any rent for the next 2 months and the house mortgage repayments already exceed the rent. I am on mat leave and not earning so could really do without it.

OP posts:
Rawhh · 04/04/2017 19:47

Unfortunately, all you can do is politely ask.

Regardless of whether notice has been served the tenants don't have to let you do viewings.

So YANBU to ask the son to get out of bed however you have to legally standing to make him. The fact that they aren't paying rent and notice has been served is neither here nor there. Seeing as you have served notice I would be treading very carefully to ensure that you don't have to go through an even lengthier eviction procedure.

specialsubject · 04/04/2017 19:48

Stop the viewings until they have left - you don't know when that will be. If the rent has stopped they will probably stay until eviction because there is no reason to do otherwise.

Sorry. I hope you have legal cover.

Original poster
CeCeBloomer · 04/04/2017 19:49

My dsd also works in a restaurant and is often home at 1:30am and yep she does go straight to bed and then gets up around 9:30, when I was their age I did the same and yes went to bed when I got home.

OP posts:
Theresnonamesleft · 04/04/2017 19:49

When I used to get in at 1, I would still have at least 6 hours of whatever, just like I do finishing at the normal 5/6pm. So at 11, I would have had 4 hours max not 10 hours. And so what if he's having 10 hours, different people have different sleep patterns. When I was working those hours I needed 10 hours to function, now in a day job normal sleep is about 5 hours. Weird hey.

SaorAlbaGuBrath · 04/04/2017 19:49

Actually, if she's not paying rent and has had notice served then she should have woken him up. I agree with a PP, I can't remember the last time I had 10 hours sleep! It's not like he only got in from a nightshift at 8.30. It may well suck living in a rented home (did it for years with numerous dodgy landlords just turning up randomly) but the fact is if you ain't paying rent, you can hardly scream blue murder at the landlord wanting to recoup some cash!

Bearfrills · 04/04/2017 19:52

if you ain't paying rent, you can hardly scream blue murder at the landlord wanting to recoup some cash!

They live in the property regardless of the situation with the rent and therefore they have rights including refusal of entry.

EdenX · 04/04/2017 19:52

Saor you might feel she has a moral obligation, but she doesn't have a legal obligation.

Original poster
CeCeBloomer · 04/04/2017 19:53

The tenants would agree I have always been more than fair, no rent increases, done everything they have requested if something needed fixing within 12 hrs max - very much an accidental landlady

OP posts:
Bearfrills · 04/04/2017 19:53

The estate agent was and is doing all viewings but haven't been given a key as per my conversation with her

Even if the estate agent had a key what would they do with it? They can't just let themselves in to do a viewing.

gammaraystar · 04/04/2017 19:58

This is the risk you take if you put your house on the market before you have a vacant property. They might refuse to leave after their notice and then you are in for a world of pain!

Original poster
CeCeBloomer · 04/04/2017 20:00

Yes I am aware and £000's out of pocket - not exactly something I am relishing particularly when on mat leave

OP posts:
MaidOfStars · 04/04/2017 20:02

Did the EA only give a couple of hours notice for this morning's viewing?

ThroughThickAndThin01 · 04/04/2017 20:02

As I said OP, I wouldn't worry about not having access to one bedroom. If someone is interested they'll come back for another viewing and you can make it at a time he's not still in bed.

Original poster
CeCeBloomer · 04/04/2017 20:06

The ea are ringing her to ask her if times etc are ok rather than booking anything in.

OP posts:
WateryTart · 04/04/2017 20:08

As soon as you get the eviction order go to the High Court to get them out quickly.

SaorAlbaGuBrath · 04/04/2017 20:09

Legally no, she doesn't. But bottom line is, if you leave your landlord out of pocket and then block attempts to recoup money then you're a dick.

Goldfishjane · 04/04/2017 20:10

Oh I took ages to wind down after shift work.

I think tenants are entitled to refuse viewings.

PyongyangKipperbang · 04/04/2017 20:27

I wouldnt be trying to sell now.

As a PP said, if she is relying on social housing then the council wont touch her until notice has been served (minimum) by a court, some wont do anything until eviction day. That can take anything up to three months, so there is no way a sale can proceed if you are selling as vacant posession.

I would wait until they leave before you start booking in viewings as if you try to go ahead before they are gone, it could end up costing you in a lost sale.

SpreadYourHappiness · 04/04/2017 20:30

Night/shift workers don't generally go to bed as soon as they finish. They need time to wind down.

YABU. You had no right to ask him to get out of bed. She is under no obligations to do viewings for you whatsoever, so you're just lucky she is allowing them.

DontTouchTheMoustache · 04/04/2017 20:34

Payment or non payment of rent is a separate issue and doesn't affect her rights as a tenant in the meantime, it's something that would have to dealt with through the courts.
So to answer the question of whether it is unreasonable to ask her to wake her son up, I would say yes YABU as it is her home and she doesn't have to let anyone in to view it at all (having viewings as a tenant is a total pita). I agree that morally I would want to help as much as possible if I was the tenant that wasn't able to pay the rent though. I'd just wait until she moves out.

user1491148352 · 04/04/2017 20:44

Letting a property is a business venture. Does not matter whether you are an accidental landlord or a professional with hundreds of properties.
One of the risks you face is tenants who break the terms of the contract by not paying rent. The earliest you can get rid of them is four months after they first default, but it is usually six months. You need to factor this in to your business model.
Tenants in this situation are unlikely to co-operate over viewings and as others have said, they have no legal obligation to do so. Just because they are not respecting the terms of the contract, it does not mean that you can do the same.
I know this puts many smaller landlords in an impossible situation and this is why many are now choosing not to let their vacant properties. They do not make any money from it. And in many cases they end up losing substantial sums.
I would advise "accidental landlords" only to let to professionals. They usually have savings etc and can weather difficult patches. Also if they do not pay you will get a CCJ against them and the black marks on their credit ratings will mean they cannot get credit, mortgage etc in the future unless they have paid their debts.

WateryTart · 04/04/2017 21:10

The earliest you can get rid of them is four months after they first default, but it is usually six months.

OP says notice expires mid May. Straight to court for possession then High Court and bailiffs. Out in 2 months max.

londonrach · 04/04/2017 21:37

You do realise she doesnt have to allow viewings even if its in contract. Its kind of her to allow viewings. Yabu its her home till may.

UppityHumpty · 04/04/2017 21:55

She's being unreasonable especially if she's not paying rent. get the bailiffs in

DontTouchTheMoustache · 04/04/2017 22:13

uppity it's a bit more complex than "get the bailiffs in", you need a court order and the whole process can take months (the tenants can apply for an extension to make it take even longer, all the while not paying rent). Op just consider yourself lucky at this point that she is going quietly and you don't have to get the courts involved as it would be a lot more hassle than a son asleep in a bedroom on a viewing...

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