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Selling a house that has a tennant ....

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katekoala | 18:46 Mon 06th Feb 2012 | Law
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help ...... I split up with my husband 12 months ago. Everything's been pretty much sorted marital home sold... divorce signed.... last thing we have is a rental property in both our names which has a tennent... orginally I said he could have this house (as no equity) and didnt want to fight... he was happy with this... but now has changed his mind (which is fine) but now we are really struggling to sell as no estate agents will sell whilst there is a tennent (even tho we were going to state that she needed the required 60 days notice period) ... so how can we sell?? without one of us living in the house to try and sell it (as its nowhere near us/work) .... what are our options .... ?
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why don't you just give her notice then sell when she's moved?
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Hi bednobs .... this is not an ideal scenario for me as I run the risk of having an empty house that may not sell straight away ... possibly for 12 months, and I would have to pay a full mortgage on (which I cant afford) :(
Do a bit of research, there must be companies that buy rental properties (maybe not for as much as you like, but at least you would know where you stand - in that you wouldn't have an empty house that you we paying a mortgage on).
You would have to sell to a developer who would otherwise have to find a tenant. Maybe at auction? You won't get as much money for it with a tenant in it though. Your estate agent should give you an idea of how much you can get with a tenant living there. It might be worth waiting until the tenant leaves.
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thanks guys - think you're right ... I will have to evict the tennant before selling :( will give it a few months and have to just pay for an empty house until it sells ... thanks all
Assuming your tenant has an assured shorthold tenancy and the fixed period (usually 6 months) has expired and there is the provision for the property to be viewed or to be sold, which are both standard conditions of the tenancy and should be in the tenancy agreement, this is not a problem and is quite common. Offer the house for sale with vacant possession upon completion and give the tenant two months notice to leave when you exchange contracts but make sure you have at least three months between exchange and completion.

It can go wrong and the tenant does not leave when they should and you have to go to court for possession, which you should get if you follow the correct procedure, but it takes time, if this concerns you give the tenant notice to leave and do not offer the house for sale until they have gone, but you may lose income by doing this.
Have you looked into the possibilities of trying to sell to someone who specifically wants a buy to let?
could you create a contract with the tenant, stating tat she can stay under the proviso that you will only be giving her only 2 weeks notice, and she must be out fast - if she agrees to that, that way any buyer has no worries of a wait and you still get your rent...

you could ask her to pack most of her stuff up, and keep the place nice for viewings, and tell any viewers the stuff is yours an you are storing it there or have been staying there....?

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Selling a house that has a tennant ....

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