News1 min ago
Difficult Tenant.
We are trying to sell one of the properties we own, but the tenant refuses to let anybody in. He doesn’t answer his phone, doesn’t respond to voicemails, and is proving impossible. I’ve spoken to the letting agent who collects the rent, does inspections etc and they say they have the same problem - it’s incredibly hard to get him to respond. The rare time they’ve managed to see him he just makes endless excuses as to he’s busy, kids were ill etc etc. He doesn’t work and is home all day so can’t use that as an excuse. I am never ever going to be able to sell it with him acting like this - is there any legal grounds to serve him notice at all?
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Maybe you should ask that question to your lettings agency! Of course there are grounds to serve him notice. As long as he has a short hold tenancy agreement, you have placed his security deposit in a DPS you can give him the required Notice as stated out in the Tenancy Agreement. Oh and just because you serve it does not mean he will go. Our last one cost us over £2000 to get him out, smashed all the downstairs windows before he left and threw a can of paint over the floors and units in the kitchen. You pay your agent to sort it,get them to do their job.
BTW did you eventually get your parcel??
BTW did you eventually get your parcel??
serve a section 21 notice:
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if necessary go to the high court to enforce.
If the rent hasn't been paid you can use a section 8.
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if necessary go to the high court to enforce.
If the rent hasn't been paid you can use a section 8.
How are your agents getting the inspections done if he refuses access?
Is there any work that needs doing that they can get access to the house?
As long as it’s within the tenancy agreement as far as I can see a section 21 notice to quit is your only hope really. He may leave voluntarily but you might also have to get him evicted.
However if he gets wind you are going to serve notice you might suddenly find a sudden urgent major work needs do8 g that he reports to EH. Which automatically disqualifies you from serving notice.
Is there any work that needs doing that they can get access to the house?
As long as it’s within the tenancy agreement as far as I can see a section 21 notice to quit is your only hope really. He may leave voluntarily but you might also have to get him evicted.
However if he gets wind you are going to serve notice you might suddenly find a sudden urgent major work needs do8 g that he reports to EH. Which automatically disqualifies you from serving notice.
Why don't you in the first instance simply write him a letter telling him you will be attending the premises on such and such a date and speak to him about it then. He's likely to be being awkward because he wants to delay the sale because he's afraid of losing his home. I dunno if you're trying to sell it with him as a tenant or if you are giving him notice prior to the sale but either way you are entitled to attend your property with proper notice, so do that tr to keep it amicable and if not serve him with notice on the grounds that he is preventing inspections, because if he chooses to get really awkward then it will cost you a lot of money so amiable is the way to go wherever possible.
We’re selling it with him as a tenant and he knows that. The one time I managed to get hold of him I assured him that his home was safe but doesn’t seem to have made any difference. The agent has only managed to get inspections done by just ringing and ringing and ringing till he eventually at some point answers. Guess the only other option I have is to not renew the lease when it comes up for renewal.
You or your agent only need to give notice (at least 24 hours) of a visit to the property.
Your agent shoud be writing to him to let him know when they will be attending the premises to inspect it (or ay other reason if required such as repairs) They can let themselves in as long as notice is given. He does not have to be in.
Your agent shoud be writing to him to let him know when they will be attending the premises to inspect it (or ay other reason if required such as repairs) They can let themselves in as long as notice is given. He does not have to be in.
That's not true, Kval. The agents are your communication between landlord and tenant (as you know) the tenant is only allowed to communicate to landlord via estate agent, however the landlord can communicate to tenant directly.
Only contracts and official papers need to be in writing. As far as it seems.. the tenants contract will not change, therefore nothing needs to be edited.. you're simply changing landlords. This may require one piece of paper after it's official but prior to the situation, if no changes will be made to tenants position or contract there is nothing to 'write'. The agents are calling to try and do inspections etc..
Only contracts and official papers need to be in writing. As far as it seems.. the tenants contract will not change, therefore nothing needs to be edited.. you're simply changing landlords. This may require one piece of paper after it's official but prior to the situation, if no changes will be made to tenants position or contract there is nothing to 'write'. The agents are calling to try and do inspections etc..
Spath one of the things we do is let property, EVERYTHING ought to be in writing, it's madness to keep trying to ring when things are clearly being ignored, and I'm not even sure I understand some of the points you are trying to make. We do this a lot, and seriously, things ought to be in writing for all concerned.
What needs to be in writing in this situation?
The issue is being unable to communicate directly, a letter would just get put into the bin. All legal processes should be signed and in writing (contracts etc..) but until the new landlord takes over nothing will change paperwork wise. It's all just communication and understanding.
You could write a letter with all the relevant information Smow but doubt it will get a response if his attitude is that as described in the OP.
The issue is being unable to communicate directly, a letter would just get put into the bin. All legal processes should be signed and in writing (contracts etc..) but until the new landlord takes over nothing will change paperwork wise. It's all just communication and understanding.
You could write a letter with all the relevant information Smow but doubt it will get a response if his attitude is that as described in the OP.
Spath The Tenant can communicate directly with the landlord even if the property is managed by an agent.
It is illegal to enter a property without the permission of the Tenant , even if they have been given 24 hours notice,and they have every right to call the Police if you do.
The only time ANYONE is allowed uninvited access to a tenanted property is when the Tenant has refused access for safety checks or an emergency has been reported.
Plenty of advice on Shelter which obviously is more sympathetic to the Tenant but gives a good idea of what tenants know they can and don't have to do.
And believe me a section 21 does not guarantee a vacated property.
It is illegal to enter a property without the permission of the Tenant , even if they have been given 24 hours notice,and they have every right to call the Police if you do.
The only time ANYONE is allowed uninvited access to a tenanted property is when the Tenant has refused access for safety checks or an emergency has been reported.
Plenty of advice on Shelter which obviously is more sympathetic to the Tenant but gives a good idea of what tenants know they can and don't have to do.
And believe me a section 21 does not guarantee a vacated property.
