Very short term rental agreement

TisMeBill

We are currently selling our buy to let property and the tenants are due to move out on the 30th June. It does not look like we will be able to complete until a few weeks after that, so the tenants have asked if they can stay on a week by week basis until we have a completion date or they find another property, if the sale come first they will move in with friends. Has anyone been through this sort of thing and any advice on the best way to do it i.e. rolling 7 day contract or multiple weekly contracts or some other option.  Any advice would be greatly appreciated.

anselld

You have no contractual basis to remove the tenants anyway so any further contract would be pointless.  Their existing tenancy continues until they (hopefully) leave at the appropriate time by mutual agreement.

_Penny_Dreadful

TisMeBill said:

We are currently selling our buy to let property and the tenants are due to move out on the 30th June. It does not look like we will be able to complete until a few weeks after that, so the tenants have asked if they can stay on a week by week basis until we have a completion date or they find another property, if the sale come first they will move in with friends. Has anyone been through this sort of thing and any advice on the best way to do it i.e. rolling 7 day contract or multiple weekly contracts or some other option.  Any advice would be greatly appreciated.

Why are the tenants due to move out 30th June? Did they serve valid notice to end the tenancy 30th June? 

FFHillbilly

I can't see any problem with letting them stay until the sale finally goes through, just do a peroidic tennacy for 1 week.
https://england.shelter.org.uk/housing_advice/private_renting/options_when_your_fixed_term_tenancy_ends
theres nothing to lose, and you'll gain more rent than if you were to make them move out on the 30th as agreed. I did a similar thing when one of my tennants was moving out into council accommodation, their new place was delayed so we went onto a 1 week rolling agreement, after 3 weeks it was ready and they went

Brie

I'd suggest you want them out sooner rather than later to ensure that they have actually gone.

Alderbank

FFHillbilly said:

I can't see any problem with letting them stay until the sale finally goes through they decide to leave

Fixed it for you.

You might not see any problem but the new owner might if they are still there.

A prudent landlord would not place any reliance on 'No problem, we'll just move in with friends'

Jonboy_1984

We bought a property coming off the rental market. The tenants were on a six month fixed contract and knew when they signed it wouldn’t be extended as the property was to be sold (I believe the owner also served a section 21 as a belts and braces approach).

Their onward rental fell through the day before they were due to vacate and they stayed put for another three or four weeks.

During this time there was almost no communication for the first couple of weeks until they secured a HA property that was almost ready for handover. Even this was delayed at the eleventh hour when the HA couldn’t get carpets down for a couple more days.

Cant blame the tenants, and wasn’t entirely surprised at the issue arising, but it wasn’t a nice time as our buyer was chomping at the bit as they had a rental to surrender themselves.

dimbo61

Sorry but this is a total minefield for all involved.
The tenants have No security except that it will take the Courts and Court Bailiffs knocking at the door to evict the tenants.
The people trying to buy the property are left in limbo hoping the tenants move out.
I like the phrase having your Cake and eat it 
The Landlord wants Rent till the day the tenants move out and he sells the property.
No solicitor would allow a buyer to complete on a property with a residential mortgage IF tenants were still in the property because they then become Landlords and are committing Mortgage Fraud.

turnitround

If you look at the OP's earlier threads it looks like they have had the tenants for ten years but need to increase the rent beyond the tenants reach because of the mortgage. 

propertyrental

Have we established

* which country? The laws are very different
* If England, whether the LL has servedaS21? Been to court?
* have the tenants served notice? If so, how? What exact date served and to expire on what date?

Without proper information any advice is premature.

Alderbank

propertyrental said:

Have we established

* which country? The laws are very different
* If England, whether the LL has servedaS21? Been to court?
* have the tenants served notice? If so, how? What exact date served and to expire on what date?

Without proper information any advice is premature.

Which is the country where you can guarantee that the sitting tenants will move out 'to live with friends' on any specific date?

I don't think the laws differ much on that key point