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Want to sell property but still have tenants

Started by jgerm, January 26, 2014, 10:50:30 AM

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jgerm

Hi, we would like to sell our property but the tenants still have 5 months left on the lease, they are great tenants so we want to do everything properly but am not sure if we can sell before the end of their agreement. if so, are we liable for anything or can we serve them notice before the agreement is up?

boboff

You can serve notice 2 months before the lease is up.

You can sell the house with people in it, but the new buyer has to take them on.

So no, not really, you can market it, and expect to complete when the lease is up, but you have to rely on there co-operation regarding viewings.

I think.

jpkeates

You can sell with tenants in place.
For a lot of people (me for example) that's a good thing to have.
Buying to let with a guaranteed income from day one - no set up fees (unless you feel safer with a credit check).

If both you and the tenant are happy to end your contract it can be ended by your solicitor creating an agreement to end the contract.
If one party isn't happy to void the contract, the original terms prevail.
The tenant might have conditions, they might insist on any new rental agreement being at least 5 months long for example.
You'll need to talk to them as they're going to be important in the process.

Your house sale contract will be slightly different, you'll have to agree to transfer the deposit to the buyer, the tenant will have to agree to sign a new agreement (if they won't you can't sell it!).
Normally the buyer will let you have a copy of their standard contract so the tenant can feel confident that they'll be OK.

It's trickier in the original term of the lease - when its a periodic tenancy the tenant has fewer rights and is normally happier to consent to the transfer,
as it means that they don't have to move, and the new agreement can simply be a "new" periodic tenancy.

I am not a lawyer and you should always take professional advice.