Posted on 11.4.16
We all know it can be a stressful time when putting your house up for sale, but does it make things harder having a tenant there? We have compiled a couple of things you will need to be aware of in terms of your tenants’ rights.
Unfortunately you can’t just kick your tenants out because you want to sell. You have a signed fixed lease which means that the tenant can remain within the property until the end of the lease, whether that means you wait until the term has finished, or you sell the property and the new owner becomes the landlord. You do have the right to show potential buyers around the property however, you have to keep an equal balance as the tenants also have the right to ‘quiet enjoyment’.
Before anything goes ahead, the best thing to do is have an agreement in writing between you and your tenant on how to proceed next.
This agreement should include:
- Make an agreement about what can be photographed to be used as your interior selling photos. Some tenants may want to remove personal possessions such as, family photographs, which they don’t want to be included.
- The landlord or agent should be respectful of your tenants’ working times etc. and arrange viewings only when a convenient time has been arranged with the tenant with at least 24 hours notice.
- Whether or not the tenant will be paying a reduced rent as compensation.
Of course, all of this can be adjusted to your personal preferences. If you (the landlord) chose to opt out of a reduced rent, then you need to be prepared as the tenant to may make a claim later on. They may keep a record of the number of times the property was viewed and how long they had to stay out of the property for these viewings. These inconveniences may be used to gain compensation for interfering with their rights. But don’t panic, they have to prove that it was substantial for their claim to be successful.
These guidelines will (hopefully) be able to get you through selling your property and handle your tenants professionally. However, if you have any problems, please speak to a property professional who will be able to guide you through the process.
Lastly, and in our eyes, most importantly, don’t forget to instruct an Independent Surveyor to value your property to ensure that you get the right price!
About the author:
The Right Surveyors are a national group of chartered surveyors, stretching from Penzance to Gateshead and everywhere in between. With 19 practices, each individually led by an experienced local chartered surveyor, we can provide any client, private or corporate, with the surveying service they need.