What if tenants dont leave?

theartfullodger

dkb you are aware that any landlord's notice, even if valid (many are not) does not end a tenancy nor compel tenant to leave. That takes court, typically 7-8 months after valid notice service (see Shelter website)

This is a well understood and long-standing process that you should have been aware of and thus if sale is lost it's your problem, no claim on tenant.

They have an absolute legal right to stay, just as you have an absolute legal right to attempt eviction using s21

GDB2222

We have just sold a house to a developer with a tenant in place. It's a long completion period and when the original tenant left we agreed with the developer to reset it for a year. The developer will take over the last few months of this tenancy.

It's not been a smooth ride, but the developer wanted such a long delay in completion that leaving it empty would have been very costly. And yes he offered a better price than anybody else, making the pain worthwhile.

Just saying that it can be done.

2bFrank

I agree with others. If you need them out quick, offer help with moving costs and promise of full and quick deposit return might hurry them up. Thats what we did, even though they were in rent arrears, we also forgave the debt as well.

grumiofoundation

dkb wrote: »

I'm aware of all this.

You posted asking if you had any recourse if the tenants didn’t move out. As you were apparently already aware of they don’t have to move out what recourse did you think you might have?

You might not like the answer people have given but if you lose the sale you are the only one to which any blame can be apportioned.

dkb wrote: »

They’ve been in 8 years. They'd be stupid to risk a scathing reference.

Classy. Don’t think this attitude is going to make them receptive to helping you out.

divadee

dkb wrote: »

I've undercharged them for 8 years. They want the same quality/size property for the same price but they're not going to get it. They're going to have to pay more.

Then they might sit pretty in the property until the courts evict them! If you need a quick and easy sale it is much better to get rid of the tenants first but most landlords want their cake and eat it and don't want a void period. Most tenants want to keep what they call home for as long as possible!

dkb

grumiofoundation wrote: »

Classy. Don’t think this attitude is going to make them receptive to helping you out.

Quit with the sanctimonious clap trap.

I've undercharged them by £100 a month for 8 years, given them over 3 months to find somewhere, granted any request during the time of their tenancy. If they then start being awkward when I need possession why would I be inclined to write a glowing reference?

dkb

divadee wrote: »

Then they might sit pretty in the property until the courts evict them! If you need a quick and easy sale it is much better to get rid of the tenants first but most landlords want their cake and eat it and don't want a void period. Most tenants want to keep what they call home for as long as possible!

Yes. I get this. The problem was I was selling as a buy to let with tenants. The purchaser pulled out and I accepted a residential purchase. So, its turned into a bit of a mess.

Crashy_Time

dkb wrote: »

They've been in 8 years. They'd be stupid to risk a scathing reference.

A scathing reference after 8 years would come across as quite strange though, and would probably not affect their chances of renting again very much?

gingercordial

dkb wrote: »

They've been in 8 years. They'd be stupid to risk a scathing reference.

If you give them a scathing reference they are not going to be able to find somewhere new to live easily, so will stay put in your place even longer.

Whereas if you give them a glowing reference, and perhaps even some financial incentive, they may get themselves out on your timescale.

Your choice.

theartfullodger

dkb wrote: »

They've been in 8 years. They'd be stupid to risk a scathing reference.

!!!

A bad reference for exercising their absolute legal right, confirmed in Thatcher's 1988 Housing Act?

Which likewise gave you the right to evict using s21?

Landlords who behave like this give the rest of Landlords a bad name. IMHO.

It's time tenants required references from previous tenants regarding if the landlord complies with the law & contract & behaves decently.

Artful: Landlord since 2000