Scotland – Tenant bringing up notice after I failed to sell?
12:09 AM, 30th January 2024, 2 years ago
17
Hi, I served notice to my tenant last year and she gave me 28 days notice and vacated. I wanted to sell the property and tried to sell it.
But since then, in last 6 months I didn’t get any offers. So I’m putting the property back on the market for rent.
The rent increase since the last tenancy is 30% because of the mortgage rates, the amount of money spent on a home report, valuation, estate agent fees etc.
Today, a lady from the neighbourhood came to my estate agent and told her that its unfair that a landlord is putting the property back on the market with increased rent.
I don’t know who this lady is but if she is a relative/friend of my previous tenant, what risk do I have if my tenant goes to a First Tier tribunal?
I tried my best to sell for nearly 6 months, I can’t control the market, so I didn’t get an offer – which is why I’m putting it back on market for rent.
Please guide me.
Bob
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Member Since September 2022 - Comments: 192
9:46 AM, 30th January 2024, About 2 years ago
So they are not happy !
What can the relative or former tenant do ?
Ignore them and make sure the rental is in top condition for the area !
Get a new EPC, EICR, GSC.
CO alarms !
Smoke alarms and Fire blanket
Turn lock barrel on exit doors as your old tenant may have keys and shows your doing everything to look after your tenants.
Lots of people looking for a home so get it rented out.
Your running a business and not a charity
Member Since January 2017 - Comments: 65
9:58 AM, 30th January 2024, About 2 years ago
I think there is guidance on this on Scotgov website, under the legislation on the recently introduced Private Residential Tenancy. As I recall, wanting to sell is a permitted ground for eviction, but you do have to attempt to market the property for sale. If you try to re-let within 3 months, the former tenant has right of first refusal, but if you can prove you have tried unsuccessfully for six months, you should be OK. Also, because it will be a new tenancy you have the right to charge whatever you see fit. It’s a shame you couldn’t sell. Just makes you wonder how true it is that there are thousands of first time buyers desperate to get on the ladder but can’t find anywhere. My impression is that FTBs now seem to have aspirations beyond their means, and that’s why they can’t find anything they can afford. A local estate agent agrees with me.
Member Since June 2014 - Comments: 325
10:21 AM, 30th January 2024, About 2 years ago
Key point is the intent to sell, demonstrated by instructing an Estate Agent / Solicitor, having Home Report produced and allowing a reasonable time on market. So not seeing any grounds for former tenant to bring a case to FTT.
Member Since March 2023 - Comments: 1506
10:27 AM, 30th January 2024, About 2 years ago
You couldn’t sell because the price was wrong. Your (or even agents) perceived price is not the same as the buyers percived price.
Member Since September 2018 - Comments: 3508 - Articles: 5
10:40 AM, 30th January 2024, About 2 years ago
take no notice and proceed how you plan to. If its a new tenancy charge what you like – market rate is far higher than it was and will continue to go this way as long as the twerps in power continue to have rent controls etc.
Member Since September 2022 - Comments: 198
10:51 AM, 30th January 2024, About 2 years ago
The facts are your intentions to sell (6 months on the market a good benchmark). You endured void period during the time property on the market plus possible costs. What more can you be expected to do? Even reducing price down isn’t always enough to seal a deal.
As already suggested move forward and do what is best for you.
Member Since December 2023 - Comments: 1575
10:56 AM, 30th January 2024, About 2 years ago
I wouldn’t worry. The tea ant gave notice to end the tenancy.
Member Since March 2023 - Comments: 1506
11:01 AM, 30th January 2024, About 2 years ago
Reply to the comment left by RoseD at 30/01/2024 – 10:51
Reducing a price down will always seal a deal, just depends on what that price is and whether the seller will accept it.
Member Since October 2013 - Comments: 1630 - Articles: 3
11:25 AM, 30th January 2024, About 2 years ago
Reply to the comment left by Cider Drinker at 30/01/2024 – 10:56
Key point. You didn’t evict her!
Member Since September 2022 - Comments: 198
11:28 AM, 30th January 2024, About 2 years ago
Reply to the comment left by GlanACC at 30/01/2024 – 11:01That’s not my experience….and we all entitled to an opinion through said experience and thank you for yours!