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HELP! Due to exchange tomorrow. Buyers want to drop a further 25k. Is there anything we can do?

311 replies

MamaChris · 16/10/2008 10:37

We accepted an offer 50k below asking price on our flat 3 months ago. Buyers have been awkward all the way, and now want to drop a further 25k, the day before we are due to exchange. We can't afford this, unless the next property in the chain takes the hit too, and we really don't think he will.

About to speak to agents, but does anyone have any advice? Is this likely to be a negotiating position or might they really pull out if we say no?

Scared.

OP posts:
Upwind · 22/10/2008 09:41

I don't currently have any pets, so have no experience but several friends who rent do have pets. I think you play by ear. If you meet the landlord in person I would probably mention the dog then, before anything is finalised, but I don't think there is any real obligation to tell them. They won't be affected in any way by your dog's presence! (Unless they live next door, a friend of mine rented out her granny flat to tenants who never mentioned their dog and left it barking all day every day, she was rather annoyed, but would have been fine if it had been well behaved).

With agencies it is such an impersonal service I just wouldn't say anything. They don't want the hassle of having to earn their money by dealing with anything out of the ordinary. And I think they might feel that there is a risk that by consenting to the dog they lose the ability to deal with any problems caused by them e.g. the constant barking my friend had to put up with! If you want better advice especially regarding legality, maybe try posting on landlordzone?

MamaChris · 22/10/2008 09:48

ok. she is a very good dog btw - about 13, deaf, sleeps all day, fully house trained, doesn't really bark unless we're playing games in the park. we'd be prepared to pay extra deposit if needed.

perhaps we just won't mention dog until we get to meeting landlord or seeing tenancy (but before signing). once they're nearly agreed, the landlord might be prepared to say "oh - ok then". was being very upfront about it before because we didn't want to waste time (ours or landlords), but if there are only 2 dog-friendly houses in the whole city, we're scared we'll never find somewhere!

OP posts:
Freckle · 22/10/2008 09:56

A lot of tenancies dictate no pets. Pets can render a property less attractive to subsequent tenants, particularly if they make the carpets smell, or cause any damage. I don't think it's just a question of taking the cost of reparation from the deposit - a lot of landlords just don't want the hassle.

I would certainly mention the dog, but leave mention of it until the landlord is almost signing on the dotted line (having first checked to ensure there is no "no pets" clause in the agreement).

lalalonglegs · 22/10/2008 12:39

Has problem been sorted out with exchange yet? Is this going to jeopardise buying house 2? I'm agog.

MamaChris · 22/10/2008 12:49

no lala - can't exchange on sale yet, and won't know if we finally can for another week. as long as we do, we'll be able to buy house #2 (which I really really want). renting is fall back for when/if our sale falls through totally.

OP posts:
KatieDD · 22/10/2008 13:59

Oh i hope it comes together for you i really do, everything crossed

PestoFangsLookGoodOnMeMonster · 22/10/2008 14:35

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scaryteacher · 22/10/2008 15:03

Do mention the dog, as if my tenants did that to me, they'd be out on their ears. If you are not honest about that, I'd look at it that you weren't honest generally and would therefore not want you as a tenant.

expatinscotland · 22/10/2008 15:09

mention the dog.

pets and clauses about them are usually written into the tenancy agreement, so if you bring one in you may be in violation of your tenancy agreement and the landlord can therefore foist you from the property if they find out.

Upwind · 22/10/2008 15:20

Scaryteacher, you would find yourself in v. serious trouble if you tried to evict your tenants without due process and that kind of attitude is neither reasonable nor professional. My friend's husband is a solicitor, he said that it is nearly impossible to evict a tenant for having a pet - first of all you'd need to prove it and second of all a judge is likely to be sympathetic to a tenant who is paying their rent and causing no trouble besides keeping a pet. In theory my friends' tenants were in breach of contract but it was not enforcable.

Realistically all that a landlord could do is issue a notice to quit that came into effect when the lease came to an end. The OP is looking at renting as a temporary option while she and her family find a house they wish to buy. Chances are she would not be renewing her lease anyway and it would be very rare that a landlord would find out about a pet that is causing no trouble or even care if they did.

scaryteacher · 22/10/2008 15:58

They would not be taking a tenancy on my house if they had a dog full stop. It is my house, and if I do not wish to rent it to someone with a dog that is my call.

I would know if they had a dog when I said no dogs, as my neighbours would tell me. It is impossible given the situation of my property for the neighbours not to know if there is a dog there.

I am not so stupid as to evict without due process, but their notice would be served as soon as humanely possible if I found that there was a dog in my house which was specifically prohibited by the tenancy agreement. I do not have to be reasonable about it - my house, my choice.

Interesting how landlords are supposed to keep to the letter of the law, whilst tenants don't have to. If someone is in breach of contract, then it must legally be enforceable, as otherwise it is pointless having a contract.

I have read all the thread and understand why the OP needs to rent, but as a landlord, I would be very pissed off if someone had an animal in the property and had lied about it. What else would they be lying about?

Upwind · 22/10/2008 16:22

ScaryTeacher - See QS's posts on this thread and elswhere for an example of a really troublesome tenant. Can't you see that current conditions in the property market have meant that people who would ordinarily have been in secure social housing or homes they own have been forced to rely on short assured tenancies? And so can have difficulty in finding places that will accept children and pets? People will lie because advertising the fact that they have a pet, as MamaC did, means you won't find anywhere to live. People will lie rather than become homeless, that does not make them bad people, just unlucky to have been forced into that decision.

Landlords also do not stick to the letter of the law - before the deposit scheme was introduced they routinely stole their tenants' deposits. Landlords can pretend they are in it for the long run when in reality they plan to sell once the lease is up or they are about to be reposessed but want to secure as much cash as they can from the tenant in the meantime. It happens, and it really sucks when you have dc.

In reality if a tenant of yours got a pet after they moved in, very few neighbours would contact their landlord. And you can misunderstand your relationship with your former neighbours - our landlord writes to ours with an extraordinary level of detail regarding her plans for maintenance and eventual sale of our current home. We get on very well with them and call around for drinks, they show us her letters. They've lived next to us for quite a while now and their loyalty is with us rather than our absentee landlord who now lives abroad.

Even if your former neighbours did get in touch, there is nothing you could really do until the lease expired, and then you would be going through a lot of hassle and expense in advertising for new tenants, funding voids, signing up new tenants who might be a nightmare as QS has discovered to her cost.

scaryteacher · 22/10/2008 17:30

I have no problems with children or cats, but I won't have tenants with dogs.

Yes, I accept that not all landlords are perfect, but equally, there are those amongst us who are renting out our properties because the Navy has posted us abroad, and will return to the house. The tenants will get as much notice as we get - hopefully about 3 months.

My neighbours would contact me if there was a dog, as they would be the ones affected by it; especially if there was excess noise, and waste all over the shared drive. And yes, once I could serve them notice, I would. I am honest with my tenants, and expect the same courtesy in return. The void is irrelevant as I don't need the rent for the mortgage, and my letting agent takes care of finding tenants for me.

clam · 22/10/2008 18:24

Quint! (sorry to hijack!) I remember your reservations about this woman when she moved in. What a nerve. Didn't she already haggle on the rental price, in addition to runours she was moving in half her extended family? Hope it works out.....

expatinscotland · 22/10/2008 18:34

'people who would ordinarily have been in secure social housing'

i think you'll find in this economic time that people will do just about anything to get in and stay in secure social housing.

i do not like dogs.

if i were a landlord, i, too, would not let to someone who had a dog (barring guide dogs, of course) and make that VERY clear in teh tenancy agreement that no dogs are allowed and if i found one i'd consider it a violation of the agreement and take legal action to get them out.

and i wouldn't care what their situation was.

don't like dogs.

would never want one in any home of mine.

QuintessentialShadows · 23/10/2008 18:16

clam. Yes. The agent spoke with her today, she confirmed she has a new direct debit set up for the 25th. To be honest, she has paid 160 less per month than the contract states. But most people pay rent FIRST and the way I see it, if she cant pay her rent in full, she probably has a damned good reason. I rather she feed and clothe her children, if there is a question food on the table or rent in full. Maybe I am too soft. But, it is hard times for everybody, and I dont want to take issues further just now, not just before Christmas. She is a single mum of two children, who works full time. I just cant put stresses and strains on her life. Not if she is struggling, so I am giving her the benefit of the doubt for now.

(sorry for hijack)

lalalonglegs · 23/10/2008 20:00

Well, that's very noble of you Quint but how do you know she is struggling rather than just taking piss? I remember when you first took her on she negotiated lower rent on basis she was single mother then apparently tried to move whole extended family in. She sounds like a chancer to me and, if your agent is being paid to manage, I would let them take care of it.

None of my business and all that.

QuintessentialShadows · 23/10/2008 20:03

I know. But I cant afford to be without a tenant, either. The rent covers my mortgage.
I think it would be pretty unfair if she was struggling to just boot her for paying 10% less the last few months. I will review the situation after Christmas.

expatinscotland · 23/10/2008 20:05

'Maybe I am too soft.'

Yes. Even if she works full-time, she can apply for housing and council tax benefit for help with the rent if she is low-income.

She's been taking advantage of you from the get-go.

QuintessentialShadows · 23/10/2008 21:08

OH dont tell me.... I know I know. I dont like to be taken advantage of. But I have so much on my plate at the moment, I cant take on this worry too now. After Christmas.

clam · 24/10/2008 09:46

We'll be here, with offers of wine and support!

1dilemma · 24/10/2008 22:46

Just checking for news from MamaC

really want her to get the house

onceinalifetime · 24/10/2008 23:04

MamaC, I hope you get your house sorted out.

Going back to the dog situation, Upwind, I'm sorry but I totally disagree with you. I have been a landlord for years and all standard tenancy agreements (in London at least) do not allow pets and if you 'sneaked' a pet in or didn't mention it, you would indeed be in breach of contract and out on your ear, market conditions or not. If you have a pet, by far the best option is to mention it first and negotiate with the landlord.

I would be infuriated if I ever had a tenant with a pet and they didn't inform me. I love dogs, not so keen on cats, but there's no doubt that they can cause damage and issues with soft furnishings, particularly for people with allergies. In general, most properties in Central London are just not suitable for pets.

These days, the situation is much the same with smoking and god forbid some landlords also have problems allowing children!

We are currently letting a flat that we intend to move back into and would definitely not allow pets or a smoker. We had a heavy smoker in one flat a few years ago and it had to be totally redecorated, it was pretty hideous - the wear and tear was much higher than you would expect.

We had a prospective tenant (a celeb but that's another story) with a dog who came to see the flat with the dog and was totally upfront and we would have definitely allowed that (regardless of celeb status ) as they were so honest in the first place.

lalalonglegs · 25/10/2008 18:55

Yes, my rental contracts include standard no pet clauses and include a fine for breach. BUT, have to say, the rental market is a bit glutted at the moment and if someone mentioned dog, I met it and it was small and well-behaved - not some slobbering, hairy, horse-sized thing that barked the whole time I was there - I would probably say yes if there was no one else on the horizon. Think not letting to people with children is appalling.

oranges · 28/10/2008 23:00

how are you doing? HAve you sorted this out?

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