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Messy tenants impacting sale

62 replies

catwithwhiskers · 08/04/2024 15:45

We own a property and are letting it out as we are working in another city due to DH work. We are set to return in September and are wanting to sell our property (2 bed apartment) to a family starter home. We have tenants currently living in the apartment (a couple) and they are due to vacate at the end of August. Of course sale would need to go through after the tenants have vacated.

A letting agent has been to the property to do a valuation and they have said that the property is very very untidy and there are some small maintenance issues which should be addressed before going to market (no problem getting these fixed). We haven't been informed of the maintenance issues by the tenant or agent and it looks like it's been an ongoing issue for a while. I realised that I missed an inspection report from October last year (went into spam) where they said everything was fine but you can see in the photos that the property is not kept very clean or tidy (crumbs and bits on the side, unmade beds etc).

My concern is that our messy tenant could impact our sale. The type of buyer we would have is most likely a first time buyer and some may not be able to see past this mess. What do I do? I don't want marketing photos being taken where the property isn't well presented and it puts people off or people come and view and it's a mess too.

Would appreciate any advice! TIA

OP posts:
CrotchetyQuaver · 08/04/2024 20:18

As PP have said it's best to get the tenants out first then market it. I've done this myself and think it's easier. No need to redecorate, but I think having everything as clean as possible for viewings is important.

siameselife · 08/04/2024 20:19

VinnieVanLowe · 08/04/2024 19:53

If you're looking at serving a S21 notice I hope you've got evidence of gas safety certificate, EPC and how to rent guide being sent to the tenants and you've properly protected any deposit ......

The property if fully managed by a letting agency, so she should be good on that front.

RamblingAroundTheInternet · 08/04/2024 20:22

catwithwhiskers · 08/04/2024 16:38

Thanks for your insight here and I can completely understand where you are coming from.

I know it's a huge inconvenience having viewings and you should also be able to live your life without having lots of viewings and feeling like you can't be in your own home. Also about the pictures having your belongings in.

Based on everyone's feedback I think we will just wait until the property is vacant, and then go from there. The maintenance issues will resolve them beforehand.

OP you sound like a reasonable person now (we’ll ignore the comment about the unmade beds and crumbs on the kitchen worktops in the tenants HOME - they have no obligation to present their home in pristine condition for the landlord’s benefit who is repaying that by making them homeless!).

You really should have been aware of the correct process of removing tenants just as much as getting them in and paying you though.

I would serve a Section 21 in June (if rent is paid on 1st of the month serve on the 31st May with proof it was sent - email and post, if rent is paid on the 15th, serve on the 14th etc).

Inform tenants of your clear intention to sell BEFORE you serve and offer 50% or 75% reduction in rent for allowing viewings and keeping the property in clean condition. Ensure estate agent keeps viewings convenient to tenant - block viewings on a weekend for a few hours etc so they can go out rather than odd ones all over the place. Inform tenant that you will give them a glowing reference if they are out on or before the date on the Section 21 and if they find an alternate property before that, they can leave and get any rent refunded/only pay to date they leave.

The tenant can refuse viewings and refuse to leave without bailiffs which could take months so best to treat them with respect and hope the goodwill you show them will be returned. Be aware though that the rental market is in crisis with a shortage in many areas and massive increase in prices so they may find it hard to find a new place. It’s in your interest to help them.

DistinguishedSocialCommentator · 08/04/2024 20:22

sweetpickle2 · 08/04/2024 16:17

You need to serve them formal notice, and prepare yourself for the fact that they still may not leave on the date agreed (no matter how cordial they are on text).

Exactly that and if you have agreed a completion date and they dont move, the new owners could easily sue you for big bucks if T's are still there

Any serious buyer will see through the mess but as other FM's have stated, some peotential buyers will be put of due to the unceartainy re T's move out on time

Daffodilsandbagels · 08/04/2024 22:19

I’m glad a couple of PPs have mentioned this already but you have incredible entitlement complaining about their “messy beds” and “crumbs on the side”. While they are paying rent, this is THEIR HOME, not yours. You must have very little going on in your life to be worrying about other adults having unmade beds.

MiltonNorthern · 08/04/2024 22:22

catwithwhiskers · 08/04/2024 16:16

Can we give notice even if we don't have a break clause? Looking online it seemed like we could only do that if that hadn't paid rent or hadn't held up terms in the lease

No you can't!!
Are you aware they don't have to leave at the end of the notice period?

MiltonNorthern · 08/04/2024 22:25

PotteringAlonggotkickedoutandhadtoreregister · 08/04/2024 16:27

If you want them out in August issue notice now - that gives them until June, then time to go to court and then time to go back to court again before August (just).

Not if the AST doesn't end until august. You can't serve notice randomly during a fixed term tenancy.

rainbowtinsel · 10/04/2024 07:32

We’re going through this at the moment as the the tenant. We have served notice as we’re buying and have exchanged, landlord has decided to sell the property and put it on market with old photos and without telling us - now wants us to accept viewings.

I get them selling it but I find it baffling you wouldn’t wait a few weeks until it’s vacant , we’re not scruffy but we’re a busy family, beds not always made, muddy wellies by door, conservatory full of drying washing, play room pretty inaccessible due to my everywhere etc. Plus There’s now moving boxes out. I just can’t believe they want to show prospective buyers round something which they have no control over being spotless.

Also one thing which landlords and estate agents don’t consider is privacy. We live in a very, very small town there’s only a couple schools which serve the town and into the countryside and I do a job which makes me quite well known. Potential buyers are very well likely to be people who know us loosely and it makes me feel really uncomfortable that another school parent say might be in our home when we’re not there. This then puts pressure on me to remove anything personal - letters, medication packets, photos etc. and to tidy/clean and I just do not have the capacity for it.

Twiglets1 · 10/04/2024 07:40

You’re a normal busy family @rainbowtinsel and in your position I would be telling the LL and the EA that you won’t be allowing any further viewings. Those can be done after you move out.

Your LL was very rude in organising this without even consulting you first. You’re paying rent, you have rights!

Ginmonkeyagain · 10/04/2024 08:38

You could see if your tenant would be amenable to being paid to voluntarily end their tenancy early.

Viewings when you rent are horrible. We had that with our landlord when we rented. We stated we would be more than happy for viewings (we were buying so were moving out soon anyway) but would need at least one days notice.

The agent often ignored that and one memorable Saturday morning let themselves in whilst I was watching TV in my PJs with a cup of tea (Mr Monkey was in his pants 🫣). Yes the place was a tip as it was 9am on a Saturday morning and I was having a lazy breakfast before getting down to the cleaning.

VanCleefArpels · 10/04/2024 13:05

I would write to the tenants (recorded delivery) to set out a) you intend to serve notice so the tenancy does not continue beyond [end date of AST] and b) you will not penalise them if they wish to move out at any time before that.

Better to have an empty property for a while before you are ready to move back in / sell than trying to remove the tenants in situ

redmapleleaves1 · 10/04/2024 17:43

Haven't read the thread.

We sold from abroad with tenants in the house when we were getting divorced. They were also pretty miffed (had hoped to buy it themselves but hadn't expected it to be assessed as high by the estate agents). We handled it by a. limiting the agent to one Open Day b. paying the tenants £150 (10 years ago) as a sweetener.

Of course they could have taken the money and done nothing, and it wasn't as good as it would have been with vacant possession. However the agents did get lots of people through in one day, we did get offers, and sold at asking price; though this was lower than would have been in an ideal world. good luck.

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