Selling flat - tenants in it - can they be moved out?
Selling flat - tenants in it - can they be moved out?
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Discussion

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
My friend has a flat that he bought as a buy to let. He has just sorted out a rather acrimonious divorce settlement and he needs to sell the flat in order to pay his wife what she is 'owed' as a result of it.

The tenants have a tenancy agreement until October 2017 with no break clause. He has asked them if they would be prepared to move out early (by April 1st) so he can refurb it a little and maximise the sale price, and has offered to help them out financially with finding another flat to rent.

They have refused.

Is there anything he can do to move them out or does he just have to resign himself to selling it with sitting tenants and it being a lot less likely to sell as a result? Sadly he can't really wait until October to sell it.

Glasgowrob

3,348 posts

151 months

Sunday 8th January 2017
quotequote all
perhaps approach the ex wife and agree to offer a share of the flat rather than cash?


shared rental income then split sale value down the line possibly?

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
No, otherwise every tenancy would be completely meaningless.

The pragmatic answer is to offer them more money and see if they go for it, but AFAIK he can't compel them to move.

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
charltjr said:
No, otherwise every tenancy would be completely meaningless.

The pragmatic answer is to offer them more money and see if they go for it, but AFAIK he can't compel them to move.
Yes and he is pretty much resigned to that, as he says they are within their rights. He has offered them a month's free rent and to cover their costs of finding a new place and moving there. It's a fair offer, but as pointed out they don't have to accept it.

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
I think the amount of hassle for the tenant is probably more in the 3 months rent region tbh.

Your friend needs to make it worth their while.

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
garyhun said:
I think the amount of hassle for the tenant is probably more in the 3 months rent region tbh.

Your friend needs to make it worth their while.
Don't really see how. Plenty of flats available in the area and they rented it furnished so moving hassle is minimal. They are within their rights, but I wouldn't be giving them any more than they've been offered as in the region of £4K is a fair offer to be honest.

Ms R.Saucy

284 posts

120 months

Sunday 8th January 2017
quotequote all
garyhun said:
I think the amount of hassle for the tenant is probably more in the 3 months rent region tbh.

Your friend needs to make it worth their while.
if not more

you are looking at approx 3 months rent to be in the same position ...

the rent free period from the old landlord will help

but thecosts in moving rented property these days usually runt to around 3 months rent to be paid to the agent / landlord before getting the keys, more if an excessive ( more than 1.25 times the monthly rent ) deposit is required ( first months rent, deposit and the very growing amount of ridiculous fees many agents want to charge )...

and encouragement to move would need to be larger than that ...

talksthetorque

10,821 posts

165 months

Sunday 8th January 2017
quotequote all
Is it a good btl proposition for the new buyer?
Is it worth selling with tenants in situ as an ongoing thing?

What you have to remember is they have a contract for their HOME to be this property until October.

Everyone has their price however, your friend isn't there yet.

4k might seem fair to you and your friend, but you have founf out that the emotional stress of moving is worth more than that.

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
Ms R.Saucy said:
if not more

you are looking at approx 3 months rent to be in the same position ...

the rent free period from the old landlord will help

but thecosts in moving rented property these days usually runt to around 3 months rent to be paid to the agent / landlord before getting the keys, more if an excessive ( more than 1.25 times the monthly rent ) deposit is required ( first months rent, deposit and the very growing amount of ridiculous fees many agents want to charge )...

and encouragement to move would need to be larger than that ...
1) They will get their deposit back from my friend so the deposit argument is moot.

2) He has offered to pay all their agency/admin/misc fees

Where else are they out of pocket once they pocket £2K for a month's rent?

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
talksthetorque said:
Is it a good btl proposition for the new buyer?
Is it worth selling with tenants in situ as an ongoing thing?
Doesn't really matter now as that is how it has to be sold anyway it seems.

To be honest my friend's attitude is it's just another s**t episode in the story of an extremely nasty divorce so **** it is his attitude which is why I am posting and not him.

Ms R.Saucy

284 posts

120 months

Sunday 8th January 2017
quotequote all
cb1965 said:
Ms R.Saucy said:
if not more

you are looking at approx 3 months rent to be in the same position ...

the rent free period from the old landlord will help

but thecosts in moving rented property these days usually runt to around 3 months rent to be paid to the agent / landlord before getting the keys, more if an excessive ( more than 1.25 times the monthly rent ) deposit is required ( first months rent, deposit and the very growing amount of ridiculous fees many agents want to charge )...

and encouragement to move would need to be larger than that ...
1) They will get their deposit back from my friend so the deposit argument is moot.

2) He has offered to pay all their agency/admin/misc fees

Where else are they out of pocket once they pocket £2K for a month's rent?
1. weeks to months afterwards

2. empty promise unless it;s in writing and then it might not be worth the paper it is written on ...

I really don;t think you understand the issue aobut people losing a tenancy especially if the landlord or agent had given the impression that it would likely be renewed or convert to stat periodic after the initial AST

talksthetorque

10,821 posts

165 months

Sunday 8th January 2017
quotequote all
cb1965 said:
Ms R.Saucy said:
if not more

you are looking at approx 3 months rent to be in the same position ...

the rent free period from the old landlord will help

but thecosts in moving rented property these days usually runt to around 3 months rent to be paid to the agent / landlord before getting the keys, more if an excessive ( more than 1.25 times the monthly rent ) deposit is required ( first months rent, deposit and the very growing amount of ridiculous fees many agents want to charge )...

and encouragement to move would need to be larger than that ...
1) They will get their deposit back from my friend so the deposit argument is moot.

2) He has offered to pay all their agency/admin/misc fees

Where else are they out of pocket once they pocket £2K for a month's rent?
Days off work looking for other flats
days off work moving house
Day off work transferring all addresses to new house
( my last move involved over 40 people to tell)
Wasting at least one day due to a letting agent fkup ( this will happen)
How much is their time worth?


anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
Ms R.Saucy said:
1. weeks to months afterwards
Nope, he's offered it back to them to use as their next deposit

Ms R.Saucy said:
2. empty promise unless it;s in writing and then it might not be worth the paper it is written on ...
They have it in writing and why would it not be worth the paper it's written on? It's not like either party has ever had an issue with the other. They have actually always been very friendly and any issues with the property he's had sorted straightaway.

You're very presumptuous about my friend's lack of honesty and I'm not sure why.

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
talksthetorque said:
cb1965 said:
Ms R.Saucy said:
if not more

you are looking at approx 3 months rent to be in the same position ...

the rent free period from the old landlord will help

but thecosts in moving rented property these days usually runt to around 3 months rent to be paid to the agent / landlord before getting the keys, more if an excessive ( more than 1.25 times the monthly rent ) deposit is required ( first months rent, deposit and the very growing amount of ridiculous fees many agents want to charge )...

and encouragement to move would need to be larger than that ...
1) They will get their deposit back from my friend so the deposit argument is moot.

2) He has offered to pay all their agency/admin/misc fees

Where else are they out of pocket once they pocket £2K for a month's rent?
Days off work looking for other flats
days off work moving house
Day off work transferring all addresses to new house
( my last move involved over 40 people to tell)
Wasting at least one day due to a letting agent fkup ( this will happen)
How much is their time worth?
See bold/underlined above!

Ms R.Saucy

284 posts

120 months

Sunday 8th January 2017
quotequote all
talksthetorque said:
Days off work looking for other flats
days off work moving house
Day off work transferring all addresses to new house
( my last move involved over 40 people to tell)
Wasting at least one day due to a letting agent fkup ( this will happen)
How much is their time worth?
sounds about right , day off cleaning old property ( and despite allegedly beign cleaned often needed when moving in )

mail redirection is 32 quid per surname for 3 months

costs and hassle associated with moving telephone / broadband ( especially if coming off virgin cabled area or even going onto a virgin cabled area)

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
Anyway we're getting into semantics and I think the answer to the question is there is nothing he can do!

If anyone knows different please post!

anonymous-user

Original Poster:

84 months

Sunday 8th January 2017
quotequote all
Ms R.Saucy said:
sounds about right , day off cleaning old property ( and despite allegedly beign cleaned often needed when moving in )

mail redirection is 32 quid per surname for 3 months

costs and hassle associated with moving telephone / broadband ( especially if coming off virgin cabled area or even going onto a virgin cabled area)
Do you live in a flat in north London? wink

Ms R.Saucy

284 posts

120 months

Monday 9th January 2017
quotequote all
cb1965 said:
Ms R.Saucy said:
sounds about right , day off cleaning old property ( and despite allegedly beign cleaned often needed when moving in )

mail redirection is 32 quid per surname for 3 months

costs and hassle associated with moving telephone / broadband ( especially if coming off virgin cabled area or even going onto a virgin cabled area)
Do you live in a flat in north London? wink
No but i've moved between rented properties a number of times around the midlands and north ...

anonymous-user

Original Poster:

84 months

Monday 9th January 2017
quotequote all
Ms R.Saucy said:
No but i've moved between rented properties a number of times around the midlands and north ...
Midlands? My commiserations to you! wink

NewChurch

235 posts

128 months

Monday 9th January 2017
quotequote all
cb1965 said:
See bold/underlined above!
What do you think these numbers will be? < or > the monthy rental?.