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Advice please re: tenants

73 replies

Itsallabout · 30/05/2013 05:40

We live overseas and rent out our Uk home to tenants who have been there 2 years ( house has been rented a total of 2.6 yrs).

Our tenants have been excellent and caused us no problems. I feel we too have been good landlords by rectifying any issues immediately. ( we also re painted a room they didn't like the colour of and had another extractor fan put in the bathroom because they didn't think the one there was efficient enough).

When their 1 year tenancy was up for renewal they wanted to convert to a month to month contract because they were looking to buy and expressed an interest to buy our home if it came into the market.

We have decided we have to now sell the Uk house. It is really a forced sale due to ongoing medical bills we need to prepare financially for. We asked our Letting agent to ask the tenents if they were interested in buying.
I received an email this morning, it says the tenants are not in a position to buy. After discussion with our agents they think their best option is for us to offer them a £200p/m rent reduction to compensate for allowing house viewings and then they require a 2 /3 month eviction notice after the house has sold. They also said they are struggling to keep the grass mowed due to the lawn mower we provided not being up to the job. They want us to pay for some-one to mow the lawn and do the weeding.
The tenants asked us last year to replace the lawn mower as it wasn't working properly ( it was only 14 months old and the garden is tiny). We had the mower blades replaced and no more was mentioned about it.( we also bought a strimmer for them to use).

Surely if the mower wasn't working again they should have mentioned it before now? We would have replaced it. Is the rent reduction normal? We of course would compensate them but simply cannot afford £200p/m. We understand that they will lose their home and I really feel for them. But in all honesty I do feel a little like they are taking advantage of the situation.

Your thoughts please. Thank you.

OP posts:
Cassiphone · 30/05/2013 05:50

Maybe their situation has changed since they wanted to buy. I've rented for years and if my landlords thought it was ok to open my home for viewings while I was still in it I would absolutely raise every problem I could find about the house - it's bad enough preparing for viewings when you own the place, it's horrible when you're a tenant. So yes, they're behaving in a way that's completely understandable I think. And I think you're mad to sell it with them in it, it will need interior work after being let, painting etc.

Labootin · 30/05/2013 05:52

I take it the months notice contract is in place ? The one they asked for ? Then they get one month.

I'd replace the lawn mower .. That's a minor thing

Tell them its in their contract to keep the garden presentable.They want it weeded and mown they do it or they pay someone themselves

laugh at the reduction in rent

It they hadn't sent a pissy email I probably would have reduced rent for the pain that is viewers by maybe £100

I'm an overseas landlord, and do not know your position legally but that's my gut reaction.

chickensaladagain · 30/05/2013 06:01

They are taking the piss

They need to maintain the garden -I've never been provided with a lawn mower in an unfurnished property but since the have been I would replace with a cheap one and tell them to get on with it

They are only entitled to 1 month's notice so that's all they get -I've also been in that position as a tenant with a 3 week old baby -but it's what happens in a private rental

Would it be financially possible for you to evict and then sell as an empty property?

Labootin · 30/05/2013 06:03

Thinking further Generally rolling contracts Irrc require the LL to give two months notice ... What have you agreed to?

I agree its not ideal to have pissed off tenants when trying to sell a house!

preggersbycheggers · 30/05/2013 06:05

In their tenancy agreement there is usually a clause in there about viewings and also about keeping the garden presentable.
If they don't keep the garden presentable and when they move out you have to get someone in then it comes off their deposit?
And with regards to viewings. Well they just have to get on with it. I have rented for years and yes, it's a pain. But you can't expect a reduction in rent. It's one of things. The danger I see is that when you go on the market the house won't be up to the standard you would have it at for selling.

FruitSaladIsNotPudding · 30/05/2013 06:06

They are entitled to 2 months notice by law. Also, they do not have to allow any viewings, although obviously if they didn't you would just issue notice.

Cassiphone · 30/05/2013 06:10

I agree, you don't want grumpy tenants whilst you're trying to sell. For example, if you've not provided them with evidence that you're declaring the rental income in the UK and paying tax on it, they would be correct to withhold tax on your behalf and give it to HMRC as a non-resident landlord (yes, that is actually HMRC's solution to that issue). And a host of other things that can happen between tenants and landlords.

You're required to give them 2 months notice if their lease has gone month to month. Just give them notice and keep things simple.

Snog · 30/05/2013 06:14

2 months notice from the landlord is required.
I would give tenants notice, redecorate, hire a gardening service whilst property is being marketed and let the estate agent do your viewings.
What you lose on rental income you will gain on the sales price

Prawntoast · 30/05/2013 06:33

It doesn't matter what is in the contract regarding viewings being allowed, it won't be enforceable. Tenants have the right of "quiet enjoyment" of the property. If you can't afford to wait until the end of the notice period, then a rent reduction sounds sensible to keep them onside. However if the contract says they should keep the garden tidy, that's what they should do.

Flossbert · 30/05/2013 06:42

I agree with Snog. It will be far more straightforward to give them the required 2 months notice and then market the place, and most of the costs incurred will be offset by the greater sale price.

£200 per month rent reduction is ridiculous. Even if this means they will willingly accept viewings (and they don't sound like the kind of tenants who would, tbh) being abroad you will have no idea how presentable they are making the house ie what exactly are you getting in return for giving them £400 - £600?

Cosmosim · 30/05/2013 07:03

When we were viewing to buy, there was one property we still remember because it had tenants in it and they were such a pain about viewings. They would only allow them Saturday mornings within a two hour window while they were out, but refused to have estate agents show during weekday while they were at work. Their right, but we were looking to move 2 hrs away and just couldn't get out there in that time slot. Finally managed, and the place was pretty messy. Funny enough, it sat on market while everything else was snapped up within weeks.

preggersbycheggers · 30/05/2013 07:08

Ahh yes I seem to remember the viewing thing is when the tenant gives notice not the other way round.

Alwayscheerful · 30/05/2013 07:12

Once a fixed contract eg 12 month contract comes to an end, tenants are automatically on a month to month rolling contract. Tenants must give you one month you must give them two months notice. The tenants want an eviction notice (expensive for you) so they can get council / social housing.

As other posters have stated your money will be best spent, giving them immediate notice, decorating cleaning and paying someone to keep the garden immaculate AFTER they leave. Your tenants are taking advantage, give them notice and do not spend any more money until they have moved out.

Khaleese · 30/05/2013 07:14

Give them notice. They are taking advantage of the situation.

jumperooo · 30/05/2013 07:26

Is is standard practice to offer a rent reduction if the property is put on the market?
We are tenants and our tenancy is due in two months. Our landlord has told our letting agent that they would like to meet us this week to discuss renewal. The landlord has told us previously that they would ideally like to sell at some stage,so we are expecting to be told the house is going on the market. Should we be asking for a reduction in rent?

Prawntoast · 30/05/2013 07:31

It's not standard, I'm just about to give notice on the property I'm renting and won't be asking for a rent reduction but will be putting some restrictions on when viewings for new tenants can take place, I.e. 24 hours notice required and only when we are there, so evenings during week and Sat am only. I think if I was prepared to let viewings happen at anytime I would ask for a reduction. Again if the property is going up for sell rather than re-rent and the landlord wanted the place looking very clean and tidy I would ask for a reduction as I don't see it as my responsibility to keep the property in show home condition for the landlords convenience ( not until I want my deposit back anyway!!)

Alwayscheerful · 30/05/2013 07:33

No it is not standard practice, however, I would offer the right tenants an incentive to stay until exchange of contract, ie a months rent back, but only if the tenants were reasonable, immaculate and friendly. I think you would be better giving your tenants notice. Unless a house is immaculate you might have problems as empty house can be very difficult to sell. Sometimes dressing a house with minimal/stylish furniture helps to sell the property and disguise any negative points.

butterfliesinmytummy · 30/05/2013 07:38

I am a uk landlord and a tenant in another country. Your tenants are taking advantage. Get rid of them and then it the house on the market. Give notice now and you can still sell before winter, which isn't an easy time to market an empty property.

We had tenants who wanted to paint our white dining room dark beige (don't ask) so we gave them permission to do it as long as they painted it back at the end of the tenancy, this is what our agent advised. You have bent over backwards and I've never heard of rent reduction for viewings Shock

TheFallenNinja · 30/05/2013 07:57

They are taking the piss. Give them notice.

Ill bet they come to you with a stupid offer with some kind of reduction for rent already paid on the basis that they've been there a while.

The law mower is a red herring, get on to your agent and get them to do their job which is not negotiating rent reductions for tenants.

My first reaction would be get the contract out and raise the rent to the highest level possible, instigate fortnightly property checks and get any and all services that might need to visit the property forcing them to try to refuse reasonable entry. Utterly inconvenience them into breaching the contract.

Use the terms if the contract to your advantage.

TheFallenNinja · 30/05/2013 08:01

Oh, and there is no need to compensate them. Viewings and landlord access are part and parcel of renting life.

Don't let them take you for a mug.

janey223 · 30/05/2013 08:04

It sounds like they could be having money troubles and if theyd expressed an interest in buying they're probably a bit upset that they'll need to leave. They need an eviction notice to get social housing

FruitSaladIsNotPudding · 30/05/2013 08:15

Wow, there is some real hostility towards tenants on this thread!

Op, I think you have to issue notice and hope you sell quickly. I can see why it's an awkward situation for you but I also sympathise with the tenants who are losing their home.

I think it's worth saying again that in law a landlord has no right of access except in an emergency or with a court order. A contract which says otherwise is unenforceable - statute law will always trump contract law. I find it a bit worrying that so many landlords and letting agents don't understand this.

Hope you get it sorted.

Cassiphone · 30/05/2013 08:55

FallenNinja I hope you're not my landlord, you seem to think tenants owe you something other than rent and their normal legal duties. They don't.

Alwayscheerful · 30/05/2013 09:01

Fallen ninja- you sound like the landlord from hell.

CajaDeLaMemoria · 30/05/2013 09:03

Be very careful if you follow Fallen Ninjas advice. I'm surprised they haven't been on the receiving end of a lawsuit.

Rent reductions are fairly standard depending on tour relationship with the tenant and where you are. Remember that they can refuse viewings, regardless of what's in the contract, and that they are perfectly entitled to choose when viewings happen. Also that some tenants will be very difficult and put off buyers.

Keep everything civil, and give them their notice. Get your agent to inspect to check on the garden etc.