Can I evict my tenant because i want to sell the property

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    Can I evict my tenant because i want to sell the property

    Hi All,
    Im new here, Im hoping someone can give me advice on the following; My tenant has lived at the property for 11 years and the rent is up to date, But i now want to sell up. how do I go about evicting them?

    #2
    Thanks to Thatcher's 1988 Housing Act a landlord can evict a tenant for no reason at all.

    So, serve s21 today. Check it will be valid against....
    https://nearlylegal.co.uk/section-21-flowchart/

    Or, simply have a chat with tenant, explain the situation, they just might be helpful.

    Shame you are asking so late. CGT regime gets much harder 6th April. Probably several £ks worth...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Originally posted by sifeo View Post
      Hi All,Im new here, Im hoping someone can give me advice on the following; My tenant has lived at the property for 11 years and the rent is up to date, But i now want to sell up. how do I go about evicting them?
      Welcome.

      First of all you don't have to evict them, many landlords would be interested in buying a property with a well established and paying tenant.
      Plus, if the tenancy began in 2008 or so, there's all sorts of legislation that's possibly side-stepped.

      Other than that, you can evict them using the s21 process, which requires no reason.
      However, if you do decide to sell with vacant possession, the decent thing to do is to talk to the tenant and give them plenty of time to find somewhere new.
      Moving your home is an upheaval and doing it with a deadline hanging over you and the possibility of a court hearing and being evicted is even more unpleasant.

      He sounds like he's been a decent customer and delivered 11 years of income, so why not try and be decent about it.
      If the tenant shows no sign of moving, you can always fall back on section 21 notices and eviction.

      Before you do any of this, make sure that you can use 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


        #4
        Originally posted by theartfullodger View Post
        Thanks to Thatcher's 1988 Housing Act a landlord can evict a tenant for no reason at all.

        So, serve s21 today. Check it will be valid against....
        https://nearlylegal.co.uk/section-21-flowchart/

        Or, simply have a chat with tenant, explain the situation, they just might be helpful.

        Shame you are asking so late. CGT regime gets much harder 6th April. Probably several £ks worth...
        Hi, thank you for your reply.Yes they have been good tenants but i was thinking about selling couple years ago and the tenant said she would not be happy as she has her elderly unwell mother living with her and threatened to not pay the rent and stay until i got a court order. I can talk to her but i dont think she will be happy. Also can you explain what you mean by CGT regime gets much harder? And would it be better if i sold it to an investor,although ive been told it will be quite a lot less than market value?

        Comment


          #5
          Originally posted by jpkeates View Post
          Welcome.

          First of all you don't have to evict them, many landlords would be interested in buying a property with a well established and paying tenant.
          Plus, if the tenancy began in 2008 or so, there's all sorts of legislation that's possibly side-stepped.

          Other than that, you can evict them using the s21 process, which requires no reason.
          However, if you do decide to sell with vacant possession, the decent thing to do is to talk to the tenant and give them plenty of time to find somewhere new.
          Moving your home is an upheaval and doing it with a deadline hanging over you and the possibility of a court hearing and being evicted is even more unpleasant.

          He sounds like he's been a decent customer and delivered 11 years of income, so why not try and be decent about it.
          If the tenant shows no sign of moving, you can always fall back on section 21 notices and eviction.

          Before you do any of this, make sure that you can use section 21.
          Hi Thank you for your reply, Yes i will try and talk to them but i dont think they will be happy as she has her mother living there too who is unwell and elderly, I feel sorry for them as yes they have been really good but i really do need to sell it now

          Comment


            #6
            Originally posted by theartfullodger View Post
            Thanks to Thatcher
            Gawd bless her!

            Comment


              #7
              Originally posted by jpkeates View Post
              many landlords would be interested in buying a property with a well established and paying tenant.
              ...at 20K off and then evict them anyway.

              Personally, I would bend over backwards, give them many years notice, do the decent thing and be extremely reasonable right up until she;

              threatened to not pay the rent and stay until i got a court order.
              Any moral responsibility has gone right out of the window, serve notice now.

              Comment


                #8
                Are you charging the market rent?

                Comment


                  #9
                  Originally posted by boletus View Post
                  Are you charging the market rent?
                  Hi yes i am

                  Comment


                    #10
                    I'm in a similar situation, but I did tell them when the tenancy started that my plans were to sell up after 10 years, and have repeated the plan for 2019/2020 sale many times.

                    I have just written to them saying that the time has come that I need to sell and they should start looking for a new home, that I will be issuing S21 later in the year and that I will be flexible in terms of their notice. I hope that they will find somewhere for June-August; S21 will be sent around end of March.

                    Comment


                      #11
                      Originally posted by boletus View Post
                      Any moral responsibility has gone right out of the window, serve notice now.
                      With you 100%.

                      My reasonable and decent approach isn't appropriate with someone who is neither.

                      When serving notice, I'd point out that if the rent isn't paid, notice will be served under section 8, rather than s21.
                      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


                        #12
                        Originally posted by boletus View Post

                        Gawd bless her!
                        Nah.....I'd rather bless a serial killer.

                        Comment


                          #13
                          You need to speak to local agent, to ask where the demand is coming from. If all the buyers are landlords, then it is pointless to evict. However, if most are owner occupiers, then you would need to evict.

                          I suspect, they will not play ball with viewings or may leave the place untidy, which will hit your valuation.

                          Comment


                            #14
                            Agree with the posts above, the eviction of a long standing tenant and her elderly ill mother would seem harsh to some but this is a consequence of the govt not building enough social housing where tenants such as these can stay until either or both of them die off naturally. I would sit down with the tenant and explain that your life plans have changed and now want to sell, give her plenty of notice and at the same time visit agents to find out how the market is in your area, but if she starts to threaten to stop the rent then explain what '' intentionally homeless '' means and how it may affect her position with the council !!!

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