A Tenants Perspective

by Readers Question

8:03 AM, 12th March 2014
About 7 years ago

A Tenants Perspective

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A Tenants Perspective

Would you guys mind giving me a landlords perspective on a tenancy problem my ex wife is experiencing at the moment?

She and my son have been tenants in a property for just over 3 years. There are no arrears and not one payment has ever been late. A Tenants Perspective

The landlord now wants to sell the property and has served notice to end the tenancy agreement. That’s fair enough and we understand. However, we have asked the agreement end 2 months later than stated to allow my son to finish his A levels and then they will move out, which was always the intention anyway.

The agent at first told my ex she could stay if she paid an extra £100 per month, which she asked they reconsider as this was blackmail. She did not refuse, just asked them to reconsider.

They then told her the end of agreement must stay.

The property does not have a buyer yet, my ex makes sure the place is tidy when viewers are due, yet the agent at least, still says they must move out as stated.

She doesn’t want to refuse to move out and force him into legal proceedings and is also willing to continue paying the rent for the extra 2 months, but he seems to want to force her into staying put and he then has to take legal action with the resultant time and costs involved.

What do you think she should do?

Thanks

David



Comments

David Jones

11:16 AM, 12th March 2014
About 7 years ago

Hello all
Thank you for your help, it's very much appreciated.
Yes, I think it is the greedy agent being belligerent, so I got details from Land Registry and it appears to be a local management company. However as the property is leasehold that may not be the leaseholder whom I believe to be in the USA. I will contact the management company and see what they say. I have been a LL myself and would say my ex wife is the perfect tenant, so hopefully we can agree something.

Mark Alexander

11:41 AM, 12th March 2014
About 7 years ago

Reply to the comment left by "Industry Observer " at "12/03/2014 - 10:05":

You said ... "No point having a nuclear deterrent unless the other side knows you have it even if you don’t intend to press the red button."

I am so glad you are not the USA Ambassador in the Ukraine! LOL
.

Industry Observer

11:45 AM, 12th March 2014
About 7 years ago

It was just a metaphor, the whole point is why allow yourself to be pushed around unfairly when you actually have weapon to fight back with or, if you prefer, to force the other side to the negotiating table and detente.

Have now had definitive authoritative comment given to me on this repairiing/ replacement of white goods issue.

Statute dictates what must be done, contract dictates what the parties agree to do, in the absence of an exclusion statement in the inventory/clause in the tenancy if the Landlord is charging any form of premium rent e.g. an extra £30 because it is furnished etc then in the absence of any exclusion clause they must repair/replace.

Romain Garcin

13:02 PM, 12th March 2014
About 7 years ago

Reply to the comment left by "Industry Observer " at "12/03/2014 - 11:45":

I think you are replying to the wrong thread...

Who is the source of the "definitive authoritative comment"?
How do you determine whether a premium rent is charged? Probably easy if fully furnished, but much less if only a variable number of appliances are provided unless it is explicit...

Mary Latham

14:47 PM, 15th March 2014
About 7 years ago

In my opinion your wife should write to the Agent asking for the contact details of the landlord and pointing out that she has the legal right to this information within 21 days of her request. If it is the Agent acting without consulting the landlord he will not want your wife to involve him and may begin a softer approach.

When you wife is given the landlords contact details she should write a simple letter explaining that she completely understands that he need to sell the property and that she will ensure that it looks nice at viewings but that she just needs an extra couple of months to get your son past his A levels. She should confirm that she will move out (giving the date) after the exams are over - most reasonable people will understand those pressures and I would be surprised if this landlord did not instruct the Agent to back off. If he doesn't your wife should exercise her legal right to "quiet enjoyment" and refuse to allow viewings while she is living there. She can enforce that right by changing the locks if she suspects that the Agent will take people to the property without her permission. If she writes to the Agent to tell him that no viewings can take place he may well change his attitude because now is prime selling time and he won't want to wait a further two months before starting viewings.

Charging an extra £100 rent is rather like Ryan Air charging for extra baggage - the baggage does not become lighter because they have made a charge it is just a way of making more money.

Having lived through A levels with my own children I am sure that your wife does not need this extra stress and I am only sorry that this Agent appears to have no people skills. He may well have advised the landlord that selling with vacant possession ill be easier but I agree with Mark, if the property is nicely kept, warm and cosy, viewers will see a home and, in my opinion, that is more likely to sell than an empty shell. There is also the point that has been made about the landlord picking up the Council tax bill and possibly a heating bill, which over two months is going to be far more that £200.

I hope that this is resolved quickly and painlessly but if the Agent digs his heels in your wife needs to do the same. Good luck

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