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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6044
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir or Madam, I am a landlady of a property in Cheshire

Resolved Question:

Dear Sir or Madam,

I am a landlady of a property in Cheshire - a three bed semi in fact. There are tenants in situ in the property, and they have an Assured Shorthold Tenancy Agreement for the next 17 months. I would like to put the house on the market but I have been given differing opinions re: wheather or not I can do this without the tenants consent. A solicitor told me over the phone that I can put it on the market, but the tenant has said that I can't. On the other hand, the property management agency told me that I can put it on the market as long as I target other Perhaps you could give me the correct information.

Actually, I have been having a lot of problems with the tenants and I'd really like them to just leave, but I suspect that they have no intention of doing so.

I do hope that you can help as I am feeling very upset and stressed by the situation.

I look forward to hearing from you.

Kind regards,

Sue
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi Sue,


Are the tenants in arrears with their rent? If so please state the amount of months they are in arrears.


Kind regards,

Tom

Customer: replied 2 years ago.

No they are not in arrears.

 

They have damaged things in the house (which I can't prove) and they make a lot of noise arguing. The neighbours have complained to me but they don't want to get involved more than that

Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your reply.


Unless they have seriously caused damage to the property which you can prove then you can't evict them because of that. Ideally, they would be in two months' arrears so that you could evict them under the housing act legislation

 

Obviously you can get the agent to market the property to the extent that they can put an advert on their website/office, but the concern will be whether or not potential buyers can view the property.

 

You need to look at the tenancy agreements they have signed - the terms contained therein will govern whether you can permit viewings. If it is well drafted there will be a provision in the agreement which states that the tenants must allow access for the purposes of viewing for marketing for let or sale.

 

It will likely be limited to "reasonable times" which means that the agent will have to liaise with the tenants and buyers so that they can visit at agreed times.

If the tenancy agreement does not mention viewings then I'm afraid that you will not be able to compel the tenants to permit access for the purpose of viewings if the tenants are not so inclined.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 2 years ago.

The contract states - "to permit the landlord and or the landlords agent or others, after giving 24 hours written notice, and at reasonable hours of the daytime to enter the property/"

 

Can I at least but a For Sale board outside?

Expert:  Thomas replied 2 years ago.

Hi Sue,

 

Okay, that clause woud permit you to arrange viewings and if they disagree unreasonably then this will put them in breach of contract.

 

The board is trickier, unless there is a clauses which states you may erect signs for sale or let then my view is that the tenants would be able to object and remove it.

 

I would adopt a concillatory approach with the tenants, possibly by offering a slightly reduced rent it they really stick to their guns.

 

I trust this clarifies, if so please click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6044
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Property Law Specialists are ready to help you

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