selling a rented property

Rocky70

post removed thanks

agrinnall

Before you get shot down in flames, which is probably what you deserve, I recommend that you thoroughly read the links in G_M's renting and letting sticky at the top of the board


https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants


I would also suggest you consider joining a Lanlord's Association because it appears you are badly in need of proper advice.


One thing to say is that your tenants don't have to move on your say so at any point.

Rocky70

thanks for the friendly help and advice

saajan_12

Rocky70 wrote: »

Hi we are currently renting out a property , short term rental with a contract of 1 year .- what do you mean by short term? Check what type of tenancy you have but I expect 1 year is a minimum 'fixed term' but the tenancy would continue beyond that unless specifically ended (not by you) There is a clause in the contract stating notice periods ie tenant one month notice landlord two months notice , - what does this apply to.. is it a break clause? does it define a periodic tenancy? Quote the whole clause including headings. but this is a 12 month contract .With this is mind I am thinking we can still give tenant notice but they don't have to move until the end of the contract ? - They don't have to move at all based on just your notice. You'd have to serve valid notice, get a court possession order to even formally tell them to leave, and get bailiffs to force them to leave. is that correct ? any advice please ? not been in this situation before - the tenant hasn't done anything wrong , we just need to sell - did they know of your intentions? You could sell wiht a tenant in situ.. yes it will narrow your market to investors only, but at the same time you'll avoid losses from a void + costs to evict the tenant (and avoid the upheaval for the tenant) thanks

1) Where is the property: Englannd/Wales/Scotland/NI?
2) What type of tenancy is it?
3) Start date? End date of fixed term?
4) Quote any clauses in full re terminating the tenancy / notice / break clause
4) Do you have a deposit and is it protected? Did you serve the cert and PI within 30 days?
5) Have you served an in date gas safety cert? EPC? How to rent booklet?


Essentially, you can eventually evict through checking all the above > serving valid notice > getting a court order > bailiffs > restore property > market.. all in 4-14 months?

Alternatively you coudl sell with tenants in situ: you'll limit your market and therefore could achieve a lower selling price, but you'll save the above time and cost.

G_M

As suggested above, read my stickie.


To evict, you'll need either wait 12 months,or implement a Break Clause if there is one. What you've quoted sounds far too vague to be a Break Clause but it may be.


Either way, you have to serve a Section 21(notice to gain possession) giving at leat 2 motnths before it expires, after which you can apply to court.


A S21 must be valid and easy to get wrong. See
S21 checklist (Is a S21 valid?)


Or, of course, you can agree with the tenants for an Ealy Surrender - offering them a cash incentive might help get their agreement.


Finally, you could sell to another landlord and he would simply take over the existing tenancy.

agrinnall

Rocky70 wrote: »

thanks for the friendly help and advice

You are definitely too sensitive to be a landlord!

Rocky70

agrinnall - I prefer sensitive to boorish


thanks for the help G_M and saajan_12

agrinnall

Rocky70 wrote: »

agrinnall - I prefer sensitive to boorish


thanks for the help G_M and saajan_12

So what was boorish in my post?

saajan_12

Rocky70 wrote: »

agrinnall - I prefer sensitive to boorish


thanks for the help G_M and saajan_12

Honestly, its pretty boorish to delete your OP so no one else in the same situation in future can benefit.