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View Full Version : Re-letting before tenant leaves; doubts re new tenant



porridge
16-04-2008, 19:43 PM
Ok, House is being marketed for rental, there is a month to go until the property is vacated by the current tenant (he/she has been a nightmare) anyway I had the letting agents on the phone tonight saying they had been in email correspondance with a prospective tenant.

The prospective tenant sold up and left the UK about a year ago but wants to come back, he/she has never seen the property but has made a serious offer to rent the property.

1. The tenant is moving back to the UK
2. Has a enough money to live on for a year but plans to go back to work
3. Has offered to pay 6 months in advance
4. Has never physically seen inside the property

Any advice greatly appreciated

As a side issue, I have had a tenant who has been a tenant from hell (court case n all) he/she has said that I am not allowed to end her tenancy to install different tenants?????

caroline7758
16-04-2008, 20:17 PM
What is your question?

porridge
16-04-2008, 20:26 PM
What is your question?

Basically, does the panel think I should call the agents and say OK?, should I be worried about accepting 6 months rent in advance?, should I ask for 6 months in advance?, should I be concerned that the prospective tenant has never seen the property?

any other things I haven't thought of or be aware of

Colincbayley
16-04-2008, 20:54 PM
As long as they reference OK, then 6 months in advance is about as good as you will ever get!!
Right into the AST that they then start to pay monthly rent from month 4 ( Hence you will always have 2 months in hand ) and you have just about covered all the bases you can.

House
16-04-2008, 21:13 PM
When you say there is a month to go before the property is vacated do you mean that this is when the warrant of possession is due to be executed or when your notice or the tenants notice runs out?

Wasn't quite sure from your post

porridge
16-04-2008, 21:17 PM
When you say there is a month to go before the property is vacated do you mean that this is when the warrant of possession is due to be executed or when your notice or the tenants notice runs out?

Wasn't quite sure from your post


A S21b notice was served several months ago, AST expires in mid may

porridge
16-04-2008, 21:21 PM
As long as they reference OK, then 6 months in advance is about as good as you will ever get!!
Right into the AST that they then start to pay monthly rent from month 4 ( Hence you will always have 2 months in hand ) and you have just about covered all the bases you can.


So are you saying I should agree to a 6 month AST and put it into the AST that the tenant should always remain 2 months in advance?.

House
16-04-2008, 21:25 PM
If you're saying she's a nightmare don't expect her to go just because her sec 21b has expired!

porridge
16-04-2008, 21:30 PM
If you're saying she's a nightmare don't expect her to go just because her sec 21b has expired!


Sadly I agree

Ben.online-lettings
16-04-2008, 21:44 PM
I would also go with a uk based guarantor who would be referenced via the same method as the tenant. Though your agent should be able to advise on guarantor deeds. Just encase the tenant decides to skip off once the tenancy has ended leaving unpaid bills / damage or decides to leave mid tenancy without notice.

porridge
16-04-2008, 21:53 PM
I would also go with a uk based guarantor who would be referenced via the same method as the tenant. Though your agent should be able to advise on guarantor deeds. Just encase the tenant decides to skip off once the tenancy has ended leaving unpaid bills / damage or decides to leave mid tenancy without notice.


The prospective tenant is willing to provide a guarantor, two questions follow on though.

Is it true that having guarantors are waste of time?, I thought it was impossible to succesfully enfore guarantors to pay up?

jta
16-04-2008, 21:58 PM
It would probably be a long winding road but you should be able to get a charge on their property providing you went about it the right way, the downside is that you may have a long time to wait before you see your money. Providing they have property that is.

SEB
17-04-2008, 00:07 AM
Ok, House is being marketed for rental, there is a month to go until the property is vacated by the current tenant (he/she has been a nightmare) anyway I had the letting agents on the phone tonight saying they had been in email correspondance with a prospective tenant.

The prospective tenant sold up and left the UK about a year ago but wants to come back, he/she has never seen the property but has made a serious offer to rent the property.

1. The tenant is moving back to the UK
2. Has a enough money to live on for a year but plans to go back to work
3. Has offered to pay 6 months in advance
4. Has never physically seen inside the property

Any advice greatly appreciated

As a side issue, I have had a tenant who has been a tenant from hell (court case n all) he/she has said that I am not allowed to end her tenancy to install different tenants?????

I would advise that you speak to the prospective tenant, on the phone, personally, not only to ensure that they are not coming from Nigeria, Ivory Coast et al and possibly trying to pull a common scam on you, but also to gauge if they are genuine. Just have a chat.

Has the prospective tenant seen any inside pictures of the property?
I would also ask them why they are unable to see the property before they agree to the tenancy and also wait and see if they enquire if you can send them some photos of the inside of the property.

I would be concerned about someone willing to come and live in a property, for a year, paying lots of money up front to a landlord they have never met and also, agreeing to live in a property that they have never seen and without knowing if the property suites them, in all the ways people need to know, etc.

There could be genuine reasons for the above, but you have to consider illegal and dark reasons/motives too.

Ericthelobster
17-04-2008, 06:43 AM
Sadly I agreeSo, it's quite likely to be months yet before you get possession of the property - and at this point you can't predict even to within a month how long it will be - so I'd suggest it's pretty pointless worrying about a specific applicant at this stage; it's far too early.

Indeed, if the applicant is still apparently keen to throw 6 months's rent at you under these circumstances, that would to me greatly increase the likelihood that there's something fishy about him.

porridge
17-04-2008, 06:59 AM
Thanks for the last 2 posts warning me that there maybe something quite not right here, frankly I would rather have a void period than have a complete nightmare on my hands.

The prospective tenant is currerntly living in Asia at the moment and is due back in the UK very soon, they have viewed a c few properties online and have plumped for mine, the agents have copied and pasted the emails to me.

"So, it's quite likely to be months yet before you get possession of the property - and at this point you can't predict even to within a month how long it will be - so I'd suggest it's pretty pointless worrying about a specific applicant at this stage; it's far too early."

You can never predict any tenancy coming to end satisfactorily, but the 2 months prior to the tenancy ending are there to try and avoid void periods, surely its prudent to have a new tenant lined up?


"There could be genuine reasons for the above, but you have to consider illegal and dark reasons/motives too."

I am !, which is why I am seeking opinions on here

Colincbayley
17-04-2008, 07:18 AM
So are you saying I should agree to a 6 month AST and put it into the AST that the tenant should always remain 2 months in advance?.

Thats the way I would do it.

porridge
17-04-2008, 07:24 AM
Thats the way I would do it.

In which case, the entire period of the tenancy Would be paid for in full, in which case the only areas of concern for me as a landlord would be:

Damage to the property
Leaving when asked


Again- have I missed something

Colincbayley
17-04-2008, 07:29 AM
If you are worried about damage, then take a deposit ( Don't forget to protect it ! ) :D
If you are worried about the tenants leaving when asked, then issue a S.21 asap AFTER the tenancy has started. Although if you have 6 months up front and then the tenant is to start paying rent from month 4, then I would wait until month 4 before issuing the S.21

Can't see that there is anything else to worry about!

housed
17-04-2008, 08:34 AM
Don't forget you need to secure the deposit and notify the tenant before issuing the sec 21.

Ericthelobster
17-04-2008, 08:35 AM
You can never predict any tenancy coming to end satisfactorily, but the 2 months prior to the tenancy ending are there to try and avoid void periods, surely its prudent to have a new tenant lined up?So you get a new tenant lined up to move in on 18 May or whatever... what happens when (surprise, surprise) the existing horror-show tenant doesn't leave? Even if you write something into your contract to protect you from being sued by the irate incoming tenant, who is now homeless and has a vanful of furniture parked outside the property, I personally don't regard it as a reasonable way to proceed.

If the tenant has themselves given notice and/or you know they'll be leaving by a particular day, then obviously back-to-back tenancies are fine; however when (as in your case) the balance of probability is that the property won't be vacated on the day you've asked, I think it's a different matter.

porridge
17-04-2008, 09:10 AM
So you get a new tenant lined up to move in on 18 May or whatever... what happens when (surprise, surprise) the existing horror-show tenant doesn't leave? Even if you write something into your contract to protect you from being sued by the irate incoming tenant, who is now homeless and has a vanful of furniture parked outside the property, I personally don't regard it as a reasonable way to proceed.

If the tenant has themselves given notice and/or you know they'll be leaving by a particular day, then obviously back-to-back tenancies are fine; however when (as in your case) the balance of probability is that the property won't be vacated on the day you've asked, I think it's a different matter.

I understand your point of view, which is why I will be delaying the check in of any new tenant until 7 days after the existing tenants move out, neither the prospective tenant or I will be legally obligated to proceed until the tenancy agreement is signed by all parties.

p_cas
17-04-2008, 11:07 AM
As was said previously, I would be very wary of someone who has never seen the property and you have never met or spoken to who, apparently, wants to give you a lot of money. Be careful.

bagpuss
17-04-2008, 19:01 PM
WARNING, WARNING, WARNING

Lots of stories about criminals using houses purely as cannabis factories.......

Take care!!