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Original poster

URGENT, please give me your thoughts, could be long.

56 replies

DelGirl · 19/03/2012 11:58

posting here as well as property as more traffic

ok, I moved abroad 18 months ago and let my house to a friend. I have kept some stuff there and she has 3 of the 4 bedrooms, well she uses 2 but could use 3. This seems to have worked well though I am out of pocket really as the rent is so low, well not out of pocket literally but if it was on the open market rent wise I would make a lot more.

she knew it wouldn't be long term, I said a year. I went back to the UK and put the house on the market. It is a good house which should have sold fairly easily but since I have reduced substantially. House market drop obv and going with local prices it is a good buy.

I said to her at the time that when I received an offer i would give 2 months notice from accepting, I was even willing to help her a bit financially.

The photos aren't as great as they could have been and it has since come to light from the agent (chose badly there ) it was because the house was cluttered. They have since been back to re-do, though they haven't put them up. Feedback from agent is on viewings that place is untidy, not sure how as she doesn't that much stuff but she has a 6 year old boy with lots of toys. I understand this having a 6 year old myself and as a viewer think I would be capable of looking past it.

I heard through a friend that their friend was viewing last Saturday, cash buyer no chain, I'm not in a chain either. I rang the agent today to get feedback and ask about the pics and he said they couldn't view as the tenant had rung on Friday to say no viewings possiible as son sick. Now I know for a fact that she went away as its plastered all over good old facebook. I am really pissed off as I felt she was one of the goodun's. I know it is a hassle for her but she knows i need to sell and she knows she's been lucky having my house for really next to nothing.

So, I have tried to call her, no answer so sent a text. I can't imagine if her son was ill she'd be living it up elsewhere for the weekend.

I'm sure I have to give her 2 months notice, need to check that but to be honest i'm inclined to give her 2 months rent to move out. I am returning to the UK in 2 weeks time so it would be an ideal opportunity to sort the house out, get it cleaned and stuff put in storage. I know she can move in with her mum just around the corner and though i feel annoyed to maybe give her money to go, in the scheme of house selling it may be worth it. HELP, the money would give her the month in advance and months rent so i'd be doing her a massive favour. Can't believe it's been reduced so much possibly due in part at least to this . Sorry its so long

with regard to make more money, I don't make anything and I do believe I am subsidising a fair bit. Was ok with this because it suited me to leave stuff as was in the uk

property been on market since Mid jan and really should have sold by now.

OP posts:
QuintessentialyHollow · 19/03/2012 12:25

I would send her two months notice today, by recorded delivery.

Then, when you know she has received it, give her a call and see if you can negotiate.

Meanwhile, discuss with the agent and see if you can temporary withdraw it from the market but come back to the same agent when she is out and you have fresh pictures.

You can still empty your stuff out while she is still living there, though, so not all is lost.

squeaver · 19/03/2012 12:47

Ok don't take it off the market, but do change agents.

Original poster
DelGirl · 19/03/2012 12:53

thank you, some food for thought. I won't be able to get all of it out though as she is using some of the stuff that I can't leave her without. good idea about suspending with agent but 1 booking resceduled for weds and trying to rearrange other. Mob still not on so will have to keep trying home number.

it boils down to pay her to leave in 2 weeks or she stays for 2 months, market drops even more and house lived in for 2 months, more mess maybe and I will have to come back to sort it at a later date which will cost me

OP posts:
MNHQ
OliviaMumsnet · 19/03/2012 12:59

Hello
We'll move this thread to chat - as this isn't an AIBU
Thanks
M Towers

Groovee · 19/03/2012 13:00

Give her the 2 months notice now, on a formal letter and be done with her. Then get your house back and get it ship shape and then get it sold. Do not give her any money as I suspect you may find issues meaning you have to pay for things to be fixed.

Original poster
DelGirl · 19/03/2012 13:10

x posted with some. I can't change agents as am tied in though I don't have to give notice I can't put it one with another agent in number of weeks.

I don't feel guilty, it's not a guilty payment it's more to get her out, payment after she leaves of course. Why would/should she leave otherwise. what a mess

OP posts:
wannabestressfree · 19/03/2012 13:11

I think you know what you wan to do del. Your 'friend' is using you an doesn't want the house to sell. You are frightened about leaving her without things and somewhere to live when she is sabotaging your sell.

I think you need to get annoyed [even if you don't mean it] so she knows you are on to her. If she has no where to go the council will rehouse her.

I know you think you are being a good friend but you are allowing her to be an arse.........

Original poster
DelGirl · 19/03/2012 13:14

I don't really see it like that, I see it as a way of getting her out quicker than 2 months and saving me a return trip to the uk really. I will look up the agreement, that would help Grin

OP posts:
Original poster
DelGirl · 19/03/2012 13:17

I am annoyed, you're dead right there but as I am leaving for the uk next monday (staying en-route as driving) I need to sort asap

OP posts:
DeWe · 19/03/2012 13:19

I'd send a text/fb message saying hope her ds is better now. If she queries why you think he's ill then say the EA told you and see her squirm.

SoupDragon · 19/03/2012 13:26

Tell her she has to move out as she is not cooperating. If you are happy to pay in lieu of notice, do so.

Or, tell her the rent is increasing to the market rate with immediate effect.

Original poster
DelGirl · 19/03/2012 13:33

not sure I can as HB pays it so wouldn't get any more anyway. I would like to think that she won't cause problems as we have several friends in common and I don't think she is that calculating more likely she just doesn't really realise the impact. Maybe I am soft but it would be far easier if she moved out whilst im in the uk. Trying to find the right amount of notice so going to post in legal maybe??? going .to keep googling first

OP posts:
SoupDragon · 19/03/2012 13:35

She would have to pay the difference in rent or move out. I was trying to think how to encourage her to move,

Original poster
DelGirl · 19/03/2012 13:42

yes I see that thanks soupy but as I would have to give her plenty of notice to increase it by several hundred pounds Sad . Before you lot shoot me down in flames for being a mug it did suit me at the time as I left everything as was as I wasn't sure if I was going to stay here long term and didn't want to move lock stock here only to move back again a few months later. Events have kind of taken over somewhat.

I think I only need to give her a months notice so I'm going to ring her and email her (pretty sure that is legit nowadays) and suggest 2 weeks notice and 2 weeks in lieu

OP posts:
SoupDragon · 19/03/2012 13:45

Oh, sometimes convenience is worth more than the money.

SoupDragon · 19/03/2012 13:47

Notice of a future rent increase may still have encouraged her to leave as she couldn't do anything about it - unlike selling the house where she can be obstructive.

Perhaps tell her "if the house doesn't sell I will have to increase the rent to £££ anyway" as an incentive.

Original poster
DelGirl · 19/03/2012 13:47

absolutely Smile

OP posts:
Original poster
DelGirl · 19/03/2012 13:48

hmm, but she'd have to have plenty of notice for that too so it swings and roundabouts.

OP posts:
SoupDragon · 19/03/2012 13:49

In addition to giving her notice/in lieu payment as an added incentive.

Original poster
DelGirl · 19/03/2012 13:53

not sure what you mean, sorry brain fried

OP posts:
toutpuissant · 19/03/2012 13:58

I would be brutally honest. I would tell her that it appears she is sabotaging the selling of your house and therefore you are asking her to leave, so that either the house will sell or you will get market value rent. What could she say to that realistically?!

Original poster
DelGirl · 19/03/2012 14:01

yes but I have to give as much notice for that too I think, not that she could afford it.

OP posts:
SaynotoDaisyMeadows · 19/03/2012 14:46

DelGirl - if the tenancy agreement has expired then I think you need to check the legal position. It's many years since I was a reluctant landlord but it might not be as straightforward as giving her two months notice, she may have other rights now that her previous agreement with you has expired. You can normally get free initial advice from a solicitor who specialises in tenancy law.

I know you want to give her money to leave and that might be the best option but check with a solicitor first.

For the record, I don't think you've been a mug.

Good luck.

Original poster
DelGirl · 19/03/2012 14:57

thanks. I've read that as it has expired that notice is the payment frequency which in this case is 4 weeks. Then I read that it should be 2 month, but thats different if the landlord lives there Confused I am not living there but still on council tax etc etc etc etc. Not resident here. HMRC aware blardy blardy bla. What a day, just literally found out that new bf's father died today,

OP posts:
BerthaTheBogBurglar · 19/03/2012 16:29

If the tenancy agreement has expired then she is automatically on a standard rolling shorthold tenancy agreement. You have to give her 2 months notice ending on a rent date. In the meantime she is entitled to "quiet enjoyment" of the property and doesn't have to allow viewings/photos etc. if she doesn't want to, regardless of what it may say in the tenancy agreement.

What % of market rent is she paying? Bearing in mind that she doesn't have use of all the rooms and you're not paying agents fees. It's just a thought - you think you've done her a big favour - does she view it that way? Perhaps she feels she is paying a fair rent and you're trying to shove her out of her home? Perhaps feels she is doing you a favour by making sure your house wasn't left empty, and paying you some rent when you weren't sure what you wanted to do with the house.

Why do you think the house "should have sold" by now? It has only been on the market 2 months! Average is 6 months, fairly priced or not. If you give her notice, bear in mind that future house viewings will be of an empty, unlived-in, unloved-looking house. Not so good. And you might be on the market with no rent at all coming in for a long time.

I realise I'm taking the opposite view to the rest of the thread - I'm currently renting and my landlord (who is def not you DelGirl Smile ) has just put our home up for sale ...