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selling a property with tenants in place


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Hi all,

Myself and my sister currently rent a property which we need to sell.

The tenancy is a 12 month's short hold agreement in place ,this ends on the 16th Sep 2012.

It states in the agreement, that 2 months before the tenancy agreement ends 16th July, we are allowed to access the property for viewing, with correct given notice to the tenant before hand.

We need to put the house on the market as soon as possible.

Are we legally allowed to put it on the market whenever we would like ?

Because of possible viewing problems until 16th July.

Should we offer the tenant a reduced rent to allow the estate agent to do viewings ?

Be very grateful of any advice.


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You can put the property on the market as and when you like, albeit you would be selling the property subject to a prior interest i.e the current assured shorthold tenancy. This probably would not be of much concern to an investor/buy to let purchaser, however your average owner occupier will shy away from the property. You will need to approach your tenant to negotiate in relation to viewings and if they do not want to play ball then that will be that for the time being. Even when july arrives what are you going to do if they refuse access? You are obviously not in a strong position and your approach to the tenant will be vital. Perhaps you could ask them to surrender their tenancy for a cash payment, or as you say pay rent at a reduced rate whilst they secure alternative accommodation. What ever your approach be reasonable. Remember even if you serve a s.21 notice it is unlikely that you would regain possession of your property before november/december 2012.

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