Selling a tenanted property with vacant possession - how?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Selling a tenanted property with vacant possession - how?

    Please could someone who knows, remind me of the law when it comes to the tenant's rights in a rented property (occupied by a tenant who's there on a rolling contract), but which the LL wants to repossess to sell or live in themselves? I'm a bit rusty with this stuff these days. (It's a property the LL wants to sell with vacant possession, but I heard the Section 21 rules have changed/are changing).

    Thanks in advance for any accurate information/links.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    #2
    The tenant has a right to remain resident in the property until they serve notice or until a court serves a possession order which is executed by bailiffs.

    So it's usually in the selling landlord's interest to agree a more sensible outcome.

    If the landlord is going to live there, and has previously lived there, it's possible to serve notice under section 8, ground 1. Notice should have been given to the tenant that this ground might be used before the start of the tenancy, but a court can set this requirement aside.

    Otherwise it's normal notice under section 21.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Thanks jpkeates. So is Section 21 not being scrapped, then?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        They're running a consultation on scrapping it, but also trying to understand what would need to be put in place to replace it (probably by adding to the section 8 grounds).
        So it's a while away, even if the decision is made to scrap it.

        One issue specifically raised is that with no section 21, there's no way for a landlord to evict a tenant in order to sell a property.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Originally posted by jpkeates View Post
          If the landlord is going to live there, and has previously lived there,
          Sorry to nitpick but they don't need to have previously lived there.

          If you got your info from here;
          https://www.landlordzone.co.uk/infor...round-1-notice

          The landlordzone explanation is incorrect, if you look at the quoted legislation it states "or".

          Comment


            #6
            Originally posted by boletus View Post
            Sorry to nitpick but they don't need to have previously lived there.
            Never be sorry to nitpick!!

            I was working from memory and I was wrong.
            You're right.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment

            Latest Activity

            Collapse

            Working...
            X