Tenant refusing viewings after being served Section 21?

Tenant refusing viewings after being served Section 21?

11:19 AM, 14th March 2023, About A year ago 53

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Hello, Three weeks ago I instructed my managing agent to serve a Section 21 notice on my tenants.

I have been emailed by my agent stating that the tenants have asked that no viewings go ahead until the move out date. The agent has emailed the tenants stating that their request is a breach of the AST (citing the terms and providing a copy of the AST) and has requested a range of dates / times to work with.

My fear is that the tenants may refuse to vacate the property as they don’t appear to be looking for an alternative property and would struggle to meet the affordability criteria for properties in the immediate area.

What if anything can the agent do to ascertain the tenants’ true intentions? Is it inappropriate for the agent to remind the tenants of the consequences of failing to honour the AST or “staying put” (https://www.property118.com/are-councils-acting-illegally-when-telling-tenants-to-stay-put/)?

What should I do now to prepare for a worst-case scenario where the tenant refuses to leave?

I would like to engage a specialist that manages the process end-to-end but am struggling to find a short list of tried and tested firms.

Any advice would be greatly appreciated.

Thank you,

AJ


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Comments

17:58 PM, 14th March 2023, About A year ago

In my area the sale of a property takes around 12-16 weeks. As soon as I get a firm offer on a property I stop charging the tenant rent. This gives them an incentive to agree to viewings as they can build up some money to help with moving. I also get the agent to try and prioritise them with any available rentals in the area.

Simon F

18:18 PM, 14th March 2023, About A year ago

Maybe offer cash and/or use open day approach.. For viewings when selling a tenanted house, my agent arranged an "open day". We had 6 or 7 viewings back-to-back on a Saturday afternoon and I gave the tenants £200 to stay out of the house for those couple of hours and I had 2 decent offers from that. That's a lot less disruptive for the tenant than short notice calls every once in a while from the agent, and it increases the chance of multiple offers coming in at the same time which is useful for driving bids up too.

David Houghton

18:30 PM, 14th March 2023, About A year ago

Seething Landlord is spot on. They have paid their rent, they have no obligation on them to conduct viewings. You are the one in the wrong here, it gives us all a bad name. If they don't leave then fill in n5b at the county court

Contendedted

21:10 PM, 14th March 2023, About A year ago

Reply to the comment left by Graham Bowcock at 14/03/2023 - 11:40
AJ. Whilst it may be customary, the tenant is doing you a favour and if they were leaving willingly then they probably wouldn’t mind. How would you feel to be asked to leave a hotel room early to suit the hotel cleaning staff? They will feel that they are entitled to what they’ve paid for. Personally I would pay the tenants £30 per viewing as they are then incentivised to tidy up and be pleasant.

Jo Cark

21:52 PM, 14th March 2023, About A year ago

Reply to the comment left by Londonlandlord at 14/03/2023 - 11:59
The tenant is being as they see it thrown out of their property and you expect them to cooperate. In what way could they be forced to allow viewings?

Karen Holloway

2:33 AM, 15th March 2023, About A year ago

If as you say, they'll have difficulty with renting privately, they may be looking for support from local authority housing. In which case, does following a section 21 order fall under making yourself intentionally homeless? Would they have been advised to wait for baliffs in that instance?

Donna Chipchase

5:31 AM, 15th March 2023, About A year ago

I've been served a section 21 due to contacting the inviromental health and landlord put the house up for auction do I have to allow any viewing s

I W

7:32 AM, 15th March 2023, About A year ago

Reply to the comment left by Donna Chipchase at 15/03/2023 - 05:31
No - see the replies above.

Graham Bowcock

8:32 AM, 15th March 2023, About A year ago

Reply to the comment left by Donna Chipchase at 15/03/2023 - 05:31
Quite simply no.

Simon M

12:01 PM, 15th March 2023, About A year ago

You're focussed on the wrong aspect. Put yourself in their position. Whatever the tenancy agreement says the reality is you're forcing them out to re-let. The most important issue is for the tenants to leave as soon as reasonable and with as little fuss.

You ask "What if anything can the agent do to ascertain the tenants’ true intentions?" Nothing - the tenants don't have to tell the agents the truth.

I'd start with who should take the lead in your circumstances: the agent, you or a specialist service.

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