Selling a house whilst rented out

[caseyj]

Hi

The tenants currently renting my property have been difficult. There is about three months left on the AST Tenancy and I will be issuing an S21 shortly.

Under a clause in the Tenancy agreement, I am allowed to put the property up for sale and the tenants are obliged to allow prospective buyers to view the property given reasonable notice. A 'For Sale' board can also be erected. Obviously this is not ideal for the tenants but their behaviour forces me to protect my own interests and try to sell the property rather than extend the tenancy term which under different circumstances with reasonable tenants would have happened as a matter of course. The property is unlikely to attract a large amount of interest - I would anticipate that they may have to accommodate 3 - 5 viewings during the remaining period of the tenancy.

Given the circumstances, Is there any reason why I should be advised not to proceed with marketing the property.

[snorkerz]

You could sell the property even without the clause in your tenancy agrement.

Unfortunately the clause regarding viewings is (whilst valid) impossible to enforce without a court order if the tenants refuse to allow access. The tenants also have no responsibility to present a clean and tidy, well maintained property in viewings and (if awkward) may just draw attention (accidentally on purpose) to any issues with the building. So, even if your viewers are allowed in, it could be an uncomfortale experience for them and that is not likely to encorage them to buy.

You understand that serving a s21 does not mean your tenants have to move out at the end of the fixed term? Evicting may take a further 3 months.

[caseyj]

You could sell the property even without the clause in your tenancy agrement.

Unfortunately the clause regarding viewings is (whilst valid) impossible to enforce without a court order if the tenants refuse to allow access. The tenants also have no responsibility to present a clean and tidy, well maintained property in viewings and (if awkward) may just draw attention (accidentally on purpose) to any issues with the building. So, even if your viewers are allowed in, it could be an uncomfortale experience for them and that is not likely to encorage them to buy.

You understand that serving a s21 does not mean your tenants have to move out at the end of the fixed term? Evicting may take a further 3 months.

Thanks for the reply - I appreciate your helpful comments. Potential difficulties with enforcing the leaving of a tenant at the end of an AST Tenancy term were a surprise me when I first became aware of them. We have to abide by the rules however illogical/unfair they appear to be.

[LLAW96]

You will need to make sure that the notice you issue (s.21b during the fixed term) is prepared properly, you have proof of service and you have taken care of any procedural issues e.g protection (return of the deposit if post 6/4 and not protected). As you have a written tenancy agreement you will be able to apply for possession under the accelerated procedure (on the papers) once your notice has expired. Depending on the court you can expect to wait up to 3 months for the procedure to be completed including enforcement via a warrant of eviction if the tenant.

[Grampa]

You could speak to your local letting agents and see if any of their landlords are looking for another property with a tenant in situe.

[fed up]

I have had two tenants at my property.

Both times my house has been up for sale, as I am a reluctant Landlady, it was never my intention to have this property rented.

Both my Tenants have been in their last few weeks and both have denied both myself, my selling agents and anyone else access to the property.

The first ones made the place from showhouse to local tip within 2 days of being notified politely of my intent to sell, they removed the signs, placed a skip on the property, took down curtains and made it an eyesore, upsetting the neighbours (2 of whom were also trying to sell).

The current one has also denied anyone access, pretended to allow a viewing, but then called just 15 mins before to cancel or gone out.

I am now waiting their leaving, so I can try to sell, I have had to drop the price by £15,000 to get a quick sale.

I do wish you all the best of luck with selling and hope you get a Tenant who will play ball.

[snorkerz]

The current one has also denied anyone access, pretended to allow a viewing, but then called just 15 mins before to cancel or gone out.

I am now waiting their leaving, so I can try to sell, I have had to drop the price by £15,000 to get a quick sale.

Whilst I understand that this has been an 'unfortunate' experience for you, I do wonder why you even let the property out a second time, knowing the difficulties a tenant can cause. Is it suprising that a tenant doesn't want you to sell your property? It is their home after all.

Critisising tenants helps no-one, especially when they are merely exercising rights given to them many centuries ago. If someone infringed your rights, you'd be annoyed - yes? Whilst a tenancy is in place the property is in effect theirs, not yours. You may physically own it, but you have have sold the right to use it. http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/