Inherited Rental property

mtob

Hi Everyone,

Thanks for any advice you may give me in advance.

I have inherited a house with tenants, I would like to sell up as soon as possible. I am just wondering if A) I am legally allowed to do that and how should I go about setting that in motion.

Any help would be greatly received,

SmashedAvacado

you can sell the property with tenants or without tenants

if you sell without tenants you will need to remove them lawfully

if you want to know how to do that, you need to know what sort of tenancy they have

if its an AST, you need to review it. If you can serve notice, then the correct notice is a s21 notice but only once you are sure the deposit (if any) is protected, the tenant has had the information about the deposit and also you have provided a gas certificate if relevant. Once done, a valid notice is needed, and then once expired, if they dont leave you have to apply to court. once you have a court order, you have to wait for that to be not complied with and then you can get a bailiff. takes about 6 months in total. or you can negotiate with the tenants to leave early.

Comms69

Yes you can sell whenever you want.


Whether you can evict the tenants, have viewings, etc. is another matter.


Find out the details of the tenancy.

mtob

Thank you both, much appreciated. do either of you happen to know of any location (other than this forum) where I can get that information in writing, I can't seem to find any relevant info.

Once again thank you for all this.

Comms69

mtob wrote: »

Thank you both, much appreciated. do either of you happen to know of any location (other than this forum) where I can get that information in writing, I can't seem to find any relevant info.

Once again thank you for all this.

I think you misunderstand. The information will be in 1 of two places (or both), somewhere in the documents of the deceased; and the tenants themselves. It'll be a tenancy agreement.

theartfullodger

When did tenants 1st move in? If early enough tenancy will be AT so no s21 or even earlier "Rent Act" tenancy, almost impossible to evict.


You do not fully become landlord, even if owner, until notice(s) compliant with s48 & s3 have been served. Have they ? If you don't understand the question ask the conveyancer: If he doesn't understand the question start worrying.



(Consequences of notice(s) not served: Rent not due, possible fines & criminal offence).


Cheers!

mtob

Hi All,

I have yet to receive the documents surrounding the rental situation I do know that the tenants renewed their lease last year and that it was on a two-year arrangement. I assume this now must be an ast situation? in which case I assume I will need to read the document and see if I can end the lease early, Would this be correct?

Comms69

mtob wrote: »

Hi All,

I have yet to receive the documents surrounding the rental situation I do know that the tenants renewed their lease last year and that it was on a two-year arrangement. I assume this now must be an ast situation? in which case I assume I will need to read the document and see if I can end the lease early, Would this be correct?

Yes. But realistically it'll still take 6-8 months to end if it drags on.


You might find that a financial incentive is the quickest way to get a sale. Offer the tenants a few thousand to agree a mutual surrender.

mtob

Thank you,

Very useful advice, honestly apart from this forum I've struggled to find advice anywhere online.

silvercar

mtob wrote: »

Thank you both, much appreciated. do either of you happen to know of any location (other than this forum) where I can get that information in writing, I can't seem to find any relevant info.

Once again thank you for all this.

Try landlordzone.co.uk, articles and a forum over there.

It may be easier to inform the tenants that you will not be renewing the tenancy when it ends, but they can go sooner if they wish.

It sounds like the tenants have a 2 yr AST but until you see the agreement you won't know for sure.

G_M

Read the Tenancy Agreement.

* It sounds like a 2 year fixd term AST. If so, the tenants cannot be evicted for 2 years
* unless there is a 'Break Clause' - read the TA carefully, and quote here anything you find: we can advise
* you can sell any time with the tenants in place. The buyer/new owner would become their landlord and be committed to the same 2 year AST. So only another landlord will buy (which wll reduce the value of the property)

As advised by artful above, you must inform the tenants, in writing, that you are now their landlord (and how to pay rent, and what address to use to 'serve notices' on you). See

Landlord & Tenant Act 1985 S3, and

Landlord and Tenant Act 1987 S48


This might also be helpful:


** Tenancies in Eng/Wales: Guides for landlords and tenants