Tenant gave notice after I issued a section 21 but is now too ill to move. No problems with rent payments but I want to sell for personal reasons. I know I could still seek possession but am sympathetic. Should I sell with tenant in situ? Assume lower asking price but found out recently the agents failed to maintain the property and likely lower asking price regardless.
That’s very reasonable of you
Suggest you discuss with tenant ask what the prognosis is for the timescale of their recovery- assuming it takes at least 12weeks from offer to completion and a month to get an offer agreed, they might well be better and have left by the time your sale goes through. If their illness means they think they can’t move for the next 6 months you may need to think again but I’d be asking how they will pay the rent…
You could agree a final move out date/revised notice from tenant say 3 or 4 months from now. And as a backstop seek possession. That could still take 6-12m plus. If by the time you get to asking the bailiffs round the tenant still hasn’t moved you, won’t regret it -you can pull out from the legal process any time but if you don’t meet the July 31 deadline for applying for possession for the s21 you have to start again with longer s8 grounds (to sell is 4 months notice then applying for possession etc)
You can of course offer with tenant in situ - fewer potential buyers but so long as they have a good history of paying on time and keeping the place in good condition (re their responsibilities) and allow access for viewings it may well be attractive.
Maybe you can agree with tenant to allow access for trades to do the repairs neglected by the agents in return for Ietting them stay in the meantime if these non-urgent but I’d take advice from estate agents on whether these now worth doing - an investor might not bother if decorative and tenant is content, and new owner occupiers might want to put their own stamp on place anyway
Good luck
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When does his notice expire? Can he still pay the rent if he’s that ill? Selling with a tenant in situ is one thing, selling with a tenant who is too ill to move may be a much bigger ask.
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Thanks for the advice. I’ll speak to him to find out more. He’s a good tenant and I’m only selling because of a change in my own personal circumstances.
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I would try and seek a solution without the tenant being in situ, I have an uncle that looked into selling and because of the tenant in situ and the property being epc band D they offered him 40% below market value. because of the glut of props for sale these buyers are able to be picky and greedy.
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