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View Full Version : can i remove tenant to sell my let-property?



Susan V
12-03-2010, 13:11 PM
can anyone advise please?

i have tenants renting my second property and have done so for many years. i recently asked them if they would be able to move out as i would like to sell the property. they said that they would prefer to stay and they seem adamant that they will not leave unless forced to do so.

the tenancy is standard assured tenancy. there are no supporting documents to establish this but the tenants moved in in 1993 and the only existing paperworks available are reciepts for the deposit and rent.

i wrote to the tenants little over a year ago letting them know that they could continue renting the property for at least 2 years and that period would be extended therafter.

a recent change in my circumstances means that i may need to sell the property. an offer to buy the property has been made by an inlaw but he will not accept tenants as he wishes to live there.

a friend has provided me with notice to quit, Section 8 as amended by Section 151 of the Housing Act 1996, ground 1(b), and suggested that i can use this to regain possession of the property.

as i am only seeking possession to sell the property, i am not entirely sure that i can use this.

i have looked through the forum but i am so far unable to find the advice that i am looking for. which is:

1) can i use S8 ground 1b if i only wish to sell the property,

2) by writing to offer tenant 2 years+ am i obliged to keep to that arrangement,

3) are courts likely to allow there discression and overlook absent paperwork that normally would be required from "no later than beggining of tenancy"

jeffrey
12-03-2010, 13:29 PM
As they hold an SAT, it's very difficult to remove them in the absence of Schedule 2 grounds for possession.
Notice To Quit will not work- only a s.8 Notice.
Did you serve a g1 Notice before the Letting began?

Susan V
12-03-2010, 13:41 PM
As they hold an SAT, it's very difficult to remove them in the absence of Schedule 2 grounds for possession.
Notice To Quit will not work- only a s.8 Notice.
Did you serve a g1 Notice before the Letting began?

i think the s.8 notice is what i have here to give to tenants.

i didnt know about g1 notice before letting began, and the only exchange of any kind at the beggining was cash for reciepts.

jeffrey
12-03-2010, 13:57 PM
OK. so, if you seek to use mandatory g1 in the absence of a pre-SAT Notice, you'd need to convince Court that it should exercise its discretion. Merely wanting to sell probably won't be enough, I have to say. However, why not consider instead the idea of selling subject to the SAT?

matthew_henson
12-03-2010, 14:55 PM
I sold a 2 bed first floor flat in a reasonable part of Kingston on Thames in a very poor state with regulated tenant in place for £140,000 in November last year. She was only 48 and had inheritted the tenancy from her parents (the age of the tenant is a factor in the auction price by the way) Open market value was £190-200k

Use a specialist Auction House to sell if you go down that route, both buyer and seller pay fees.

How old are your tenants?