View Full Version : Selling subject to sitting tenants

27-08-2006, 13:01 PM
I have recently advertised my rented property for sale. I have given all the tenants a two month notice according to section 21. I have a buyer who is interested in buying with the tenants (as the buyer wish to carry on renting out).

What is my situation with this? Should/Could I cancel the section 21 notice and reissue a new one to coincide with the date of exchange of contracts?

27-08-2006, 13:17 PM
Why reissue one? Just don't act upon the S21, then the tenancy stays the same, just with a new landlord. You could put in writing that the S21 is cancelled, but there is no need to reissue a new S21, as the tenancy is unaffected by the change of owner.

27-08-2006, 13:27 PM
What happens with regards to ASTs?

27-08-2006, 13:32 PM
As far as I know the new landlord just has to give his details to the tenants, and info on how to pay the rent etc, and the AST just continues on as before.

27-08-2006, 13:46 PM
Won't the new landlord be upset if your existing tenants comply with the S21 and leave the property?

Presumably the sale does not specify "vacant" possession and the new landlord is expecting tenants in place.

27-08-2006, 22:25 PM
The purchaser must be aware that the tenant can depart without notice if he wants to at the end of the fixed period of the AST. The S21 notice cannot possibly require the tenant to vacate before this so what's the problem? On the other hand, if the AST has gone statutory periodic, then the tenant probably only has to give a month's notice anyway.