Putting tenanted property on the market - photos

[Lizzy1975]

I have a flat that I am about to put on the market. The current tenant is very untidy and I am concerned that I won't get any viewings based on current photos. How can I politely tell her to tidy up before they're taken? The flat isn't dirty, just messy. I know I should be able to talk to her about this but I don't want to piss her off - it could take months to sell and without her rent I can't make the mortgage payments (am currently on maternity leave). Any suggestions on how best to deal with this? I do have photos of the flat that were used to market it as a rental property, they are good but a few years old now, would it be wrong to suggest to the EA we use those?

Snap we have the same problem but our tenants are very tidy. The only problem is instead of throwing out the old freezer because we replaced it they set it up in the lounge. Now we have photos on the estate agents website of a lovely flat with a fridge freezer in the lounge. You might be better getting her out and once it's tidy get in short term tenants. Would she tidy up if you told her you were coming to do a check of the property?

Forgot to add I would use the old photos, we couldn't because we had changed a few things.

Use the old photos if possible.

If you do need to ask her to tidy up then do it very politely. The last thing you want is her cancelling all your viewings because she decides it's inconvenient. Remember that tenants have the right to say when viewings can/can't happen so you don't want her to be awkward at that point.

Thanks guys. The EA said we'd need to use recent photos, but I am going to explain and press for using the ones I have. There is a fridge freezer in the living room too deste! She has been a good tenant so I want to make the sale process as easy as possible for her. Telling her i am coming round won't make any difference - tried that, that's how I discovered the mess! Thanks for your responses.

Is it likely to be sold to a landlord or is it likely a sale will mean giving your tenant notice?

Use the old photos, the people viewing it will not be buying the furniture.

If they are serious buyers they will see past any mess the tenant creates. If they are the type to fuss over clutter that won't even be there when they move in then i would assume they will be pain in the arse buyers.

You may find that your tenant gives notice and leaves as soon as you tell her you're planning to sell. DH and I did when our LL did this (they never managed to sell the house either, so after 6 months empty they put it up for rent again). It just isn't worth the uncertainty (and inconvenience) to many tenants. So you may find that the property ends up empty for months anyway (and you have to find a way of meeting the mortgage payments).

Even if she stays, having a tenant in situ will put off a lot of potential buyers. It wold probably limit your market quite a lot (and thus reduce the price you could get).

This is a right shit situation for all involved. Best thing to do is get her out if you can. Chances are she'll not tidy up pre viewings and will put people off as they will think they'll be an issue getting her out. Also if she has alot of stuff they may believe its hiding stuff (damp etc) and potentially neglected.

From a tenants point of view it's not nice having pics of your 'home' used in the pics. It's also horrible having strangers wandering around your home judging you.

Whether she is given notice to move now or in a couple of months time makes no difference to her as long as she has to move.

You want to put your property on the market tenanted because you dont want to lose out on rent. The risk you take is that it will take a lot longer to sell, as you are dependent on the tenant to tidy, make it nice, and the tenant has to agree to viewings. She can ask for 24 hour notice for viewings, and she can insist on viewings only when she is home, like 6pm. She will most likely do this until SHE has found a nice place for herself.

Would you not rather that you called the shots?

My point was that the tenant may not be willing to keep renting from the OP while she tries to sell the flat. There's no reason why anyone should. She can easily give her one month's notice and find herself a new flat to rent. The OP wants her tenant to stay (presumably until the last possible moment), but the tenant is under no obligation to keep paying the OP's mortgage while she waits to find out when she'll have to find somewhere else to live (while allowing viewings etc). Why put up with the uncertainty and inconvenience?

In law, the tenant doesn't have to allow viewings, at all, full stop - regardless.

Which is why lots of tenanted flats appear on Righmove with only one external photo and the words 'currently rented at £xxx per month'.

Any potential buyer will understand but may well perceive that viewings will be difficult or impossible during a tenancy.

Again, such properties may have to be discounted unless you are prepared to wait until the tenant leaves.

The contract may specify to allow viewings, though.

It makes no difference what the contract says.

The right to quiet enjoyment is statute law.

Contract law cannot override statute law.

Any such term in a contract would be unenforceable.

My understanding is as per Marina.

www.gov.uk/private-renting

As far as I know the only right a landlord/agent has to enter a property is to make emergency repairs. I do not believe a tenant can ever be put in a position where their quiet enjoyment of the property is disturbed by an enforced viewing.

Well, in that case, it strengthens my view you should let tenant go before putting the flat on the market!