Landlord rights to sell property without a tenant still under tenancy agreement?

Hanafubuki

Hi guys

I am a landlord with a property which I am hoping to sell asap. I have a lovely tenant who is signed up for another 14 months, however I need to sell the house empty.

My tenancy agreement has no mention of what happens in this situation, does anyone know what my statutory rights are?

Aside from politely asking them to leave and hoping for the best, am I basically scuppered until the agreement ends?

Many thanks,

HF

poppysarah

14 months?
how come?

Buy the tenant out.

Hanafubuki

Because they are 4 months in to an 18 month agreement. I am sure I can bribe them to move out with a months free rent or something, but I just wondered if there was some kind of rule whereby if the owner wants to sell, they can, if giving reasonable notice. There is no mention of it in the tenancy agreement..

Just want to know my legal position! Anyone know?? I'm sure this must happne all the time?

silvercar

Unless the tenant agrees, this is just not possible. You have committed to the tenant and cannot walk away from your obligations.

silvercar

YOu can sell, but with the tenant under their current AST. So you would be looking for another landlord to buy off you.

princeofpounds

You can sell a property with a tenant. You must declare that there is a tenant in place to the buyer. They buyer will be bound by the tenancy agreement just as you were. This will obviously reduce the marketability of the property although an investment buyer might not mind at all.

The buyer should then serve forms on the tenant that indicate they have taken over the tenancy. This will basically give new contact and payment details. You should keep your tenant in the loop so that they don't think this is a scam by the way!

You should also organise the situation so that your name gets changed on things like tenancy deposit registrations.

bumpoowee

Would also point out if you choose to sell with the tenant in place, you have no right to conduct any viewings within the property unless the tenant consents.

Sounds to me like your best option is bribing the tenant to leave in order to break the contact (after all you'd expect some sort of costs if the tenant chose to leave before the term ended).

Hanafubuki

Thanks guys. As I mentioned I need to sell the property EMPTY. I have looked at selling to another investor but this is not an option.

I had heard that there is a statutory law in place about this...so if anyone actually knows for sure the legal requirement please do let me know.

Cheers for all your comments.

G_M

I had heard that there is a statutory law in place about this...so if anyone actually knows for sure the legal requirement please do let me know.

You have already been given the answer in the posts above!
Without the tenant's agreement, you cannot make them leave. For sure.

Hanafubuki

Damn and blast... ok... bribery it is...! Isn't hindsight a wonderful thing... Cheers all.

theartfullodger

Hana... manners/language!!!

As I mentioned I need to sell the property EMPTY

? Why EMPTY?? Something else is going on here I think.... I take it you have declared your renting to everyone (Mortgage lender, HMRC, Insurers... Gas Safety people...)

Offer him £34.2k .. Should stand a fair chance of getting a response...

Cheers!

Lodger