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Unreasonably Tenant...


Rob_A1

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I am selling my house and the tenant is being unreasonable.

They are a friend of the family and I have tried to be as amicable as possible. For instance they never paid a bond and there was never a written tenancy agreement on the length of the tenancy. I have said I would pay the bond on an alternative accomadation as they say they cant afford it. This is probably true, but as part of the incentive I have said that I will only pay this if they move out within the 3 months notice period I have given them.

I have got an estate agent acting on my behalf and they said they could show prospective buyers round, as the tenant wants to be there when people are in the house. I am fine with this.

The tenant said that I also have to be there for every visit, even though they will be there themselves. Basically he said it not in his best interests to help me sell the house. So I have to drive about 30 minutes just to knock on the door with the estate agent and then let them show buyers round.

Do I have tom agree to his terms?? I waanted to sell the house without any problems..

Advice would be most helpful

Rob

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Sorry to hear your predicament.

Unfortunately, I had a lodger a few years ago who was a friend of a friend's brother.

I had no agreement and he left owing six weeks rent. I don't have any lodgers now, but have another house I let out, only let on a proper tenancy agreement and after I've vetted them myself.

Your tenant is treating you with total contempt, and they are in your property without any agreement in place. You seem to be pandering to them by giving them a financial incentive to go (offering to pay there next bond for them). Unfortunately You need to be more assertive with them and stop pandering to them.

They are being unreasonable and your notice to leave, 3 months is more than reasonable. I would reiterate this notice period or better still shorten it to one month, ring them a few weeks before telling them they must be out. After the notice period is up. If they still haven't left, I would get in there when they are not in, change the locks and have their things either outside or in your garage where you can return them. Take a gathering of friends / and or family with you.

That is what I would do, alot of do gooders would say, this is terrible advise, but you need that pond life out of your house so you can sell it.

Next time, if there is a next time, get a tenancy agreement in place.

Best of luck

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  • 2 weeks later...

Hi Rob.

He is not your friend. You would be amazed at how many of our clients are evicting relatives and so called friends. Friends don't do this to you.

He has an assured shorthold tenancy agreement by default under the 1996 housing act.

You can issue a section 21 and use the accelerated possession procedure. You need to be absolutely sure about detail, as there is no written tenancy agreement. i.e. exactly when did he move in etc.

Any other notice is unenforceable and a waste of time, and violent intervention could mean three months prison, £1000.00 fine and compensation paid to the tenant worked out as a percentage of the value of the property that you turfed him out of. Ed

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