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Evicting tenant after 7 years

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the_dooce
the_dooce Posts: 8 Forumite
in House buying, renting & selling
Hi. Asking to check whst my parents are doing is correct as landlords to prevent this taking longer than needed.
Parents have rent a house to one person + child for 7 ish years. Reasonable contact/ relationship. Parents are looking to wind down their rentals and sell. They have spoken to the person renting and informally said they'd be selling and out of courtesy are letting her know so she can start looking. This was a few weeks ago.
Are they right in thinking they need to issue section 21 (even though they don't feel it is needed, they think she'll leave) ? They want to do a covering letter advising they won't hold her to the 2 months if she finds somewhere before then.
Is a section 21 needed ? Thank you
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  • knightstyle
    knightstyle Posts: 6,990 Forumite
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    Look here https://www.theukrules.co.uk/rules/housing/landlords/evicting-tenants.html
  • ProDave
    ProDave Posts: 3,724 Forumite
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    When we sold a previous rental, let to the same tenant for a similar length of time, we told the tenant our intention to sell, largely because we heard a rumour from the letting agent they might be interested in buying it.
    Afew weeks later, before we had chance to get the paperwork in order to start the process, the tenant gave notice to quit.
  • sal_III
    sal_III Posts: 1,953 Forumite
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    They don't have to send section 21 notice, if they trust the tenant to hold to their word. After 7 years they should have pretty good idea of their character. If the relationship is good serving S21 notice might irritate the tenant, as it might sound like they don't trust their word and who knows what might happen in such case.

    S21 notice is good as "insurance policy" as it can be used in court, should the tenant refuses to leave at the agreed date and a possession order is needed, rather than having to wait for 2 months.
  • HampshireH
    HampshireH Posts: 4,480 Forumite
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    Your parents should do things by the book. They should comply with the tenancy agreement and serve the relevant notice.

    It doesnt matter whether they get on well or the tenant takes offence. Its a formality not a personal attack.
  • lookstraightahead
    lookstraightahead Posts: 5,540 Forumite
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    I think it might be quite tough for the tenant to move after so long just matter of factly. The house could be sold with tenant in situ?
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
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    Have your parents complied with all the requirements to make a section 21 enforceable? Gas safety checks, deposit protected etc?
  • theartfullodger
    theartfullodger Posts: 14,603 Forumite
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    No need to evict tenant: Selling a property does not end a tenancy nor require tenant to leave: The new owner simply becomes the new landlord: (Even if outside with huge removals van & screaming hubbie....)
  • sal_III
    sal_III Posts: 1,953 Forumite
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    theartfullodger wrote: »
    No need to evict tenant: Selling a property does not end a tenancy nor require tenant to leave: The new owner simply becomes the new landlord: (Even if outside with huge removals van & screaming hubbie....)
    Yes but that eliminates over 1/2 of the potential buyers, only leaving BTL LLs in the list.

    No sane person will buy a home with tenants in-situ, if they intend to occupy the property themselves.

    On the other hand if the tenant is good, this might be a big selling point for a BTL LL.
  • theartfullodger
    theartfullodger Posts: 14,603 Forumite
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    edited 5 August 2018 at 1:15PM
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    sal_III wrote: »
    ............
    No sane person will buy a home with tenants in-situ,...............
    Thank you so much for your kind thoughts:. I did....



    - students as tenants....
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
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    theartfullodger wrote: »
    Thank you so much for your kind thoughts:. I did....

    The second part of that sentence is important to its overall meaning.
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