Deciding whether to sell with tenants in situ or with vacant possession
You can choose to sell your property with tenants in situ or serve them notice and sell with vacant possession. This decision affects who you can sell to, how quickly the property may sell, and the price you could achieve.
There are advantages and disadvantages to both, which we will explore below, to help you consider the right option for you and your circumstances.
Selling a rental property with tenants in situ
When selling a property with tenants in situ, you will still have the rental income whilst the sale goes through. It can also be a selling point to other prospective landlord buyers as they won’t have to spend time or money finding new tenants once the transaction has completed.
There are some points to consider when selling with the tenants in situ:
Narrowing the market: By selling with tenants in situ, you are restricting who might be interested in your property exclusively to buy-to-let landlords, and excluding those who might want the property to live in themselves. This could mean that it takes longer to sell or sells for less.
Arranging viewings: Tenants rights will need to be considered when the property is being marketed and viewings are taking place. You should check the terms of the tenancy agreement to see if there is a clause regarding the tenant allowing viewings.
The tenant could serve notice: The tenants could decide to service notice whilst the conveyancing process is going on. This could be an issue if the buyer has put an offer in on the basis that the property is already occupied, which could cause them to pull out.
Selling a rental property with vacant possession
Selling with vacant possession means that those living in the property will have to have vacated by the time the sale completes. This means that you can sell your property to any potential buyer, and not just landlords.
If you have tenants in the property, but you wish to sell with vacant possession, there are a number of things you need to consider:
Notice Period: You will need to give your tenants sufficient notice to vacate before the property sale completes. The notice period to terminate the tenancy is based on the tenancy agreement, however it is typically two months.
Tenant Rights: Respect tenants' rights and adhere to legal procedures if you need to evict them.
Negotiation: Consider discussing a mutually agreeable early termination date with your tenants.
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