Hosting a property viewing – let alone selling the place – with tenants still in situ can be a delicate juggling act, requiring a balance of respect for your current tenant’s rights and privacy, while also showcasing your property to potential new tenants or buyers. Yet, to ensure a harmonious, respectful, and legal process, there are steps UK-based landlords can take. These are those.
Clarity & Communication
Informing your tenants about your intention to sell is not only courteous, but it also fosters a cooperative atmosphere. Clear, open, and regular communication is key, ideally by letter (or email) to ensure there’s a paper chain for all parties to refer back to.
Pursuant to provisions in the Housing Act 1988 (Section 21), landlords must provide at least two months’ written notice of an intention to gain possession of the property. This pre-emptive measure ensures your tenants are aware of the changes ahead, thus minimising disruptions.
Remember that future viewings should be scheduled at mutually convenient times. The Equality Act of 2010 obliges landlords to make reasonable adjustments for tenants with disabilities in such circumstances.
Respecting Tenants’ Rights
In accordance with the Landlord and Tenant Act 1985, tenants have the right to ‘quiet enjoyment’ of their rented accommodation. This means that although landlords retain the ownership, tenants are entitled to live undisturbed.
Therefore, you must give your tenants at least 24-hour notice before a viewing, as stated in the 1985 Landlord and Tenant Act, or give reasonable notice if no fixed term is provided in the rental agreement. It’s worth noting that tenants can refuse access if it’s not convenient, even with notice.
Maintaining A Presentable Property
Keep the property in good condition to attract potential buyers and potentially increase your property’s value. Regular inspections and maintenance checks will ensure the house remains appealing, though do be aware, of course, that such regular inspections may be violating your tenants’ privacy. Plus, involving your tenants in this process can make them feel valued and more likely to cooperate during the house viewings.
Virtual Viewings
Virtual viewings – which grew in popularity during the pandemic – can greatly benefit landlords looking to sell their homes by respecting their tenant’s privacy and maintaining a positive landlord-tenant relationship.
By eliminating the need for multiple in-person visits, which can potentially disturb the occupants’ peace, this tenant-friendly selling strategy allows for 24/7 accessibility, creating more opportunities for prospective buyers to see the property and increases the chances of a quick and successful sale.
Reward Cooperation
Consider ways to incentivise tenant cooperation. You could offer a rent reduction or other benefits to recognise their contribution to the viewing process – their peace and privacy has been disturbed, after all. It’s about maintaining a positive landlord-tenant relationship and keeping lines of communication open.
Read: How to make your buy-to-let property appeal to tenants
Securing Personal Belongings
For landlords looking to sell their house with tenants in situ, it’s essential that you respect their privacy whilst any viewings are being conducted, too. Buyers should be advised against taking photographs during viewings to respect the tenant’s personal space. Remember, you’re selling the property, not the possessions in it!
Professional Estate Agents
Hiring a professional, familiar with UK laws and experienced in liaison between tenants and potential buyers, could ease the process. An estate agent can ensure viewings are done within legal guidelines, respecting both the seller and tenants’ rights, which certainly takes a load off.
Legal Standing – Assured Shorthold Tenancies (AST)
Buyers must understand that if they purchase a property with an Assured Shorthold Tenancy (AST), they purchase it with the sitting tenants, meaning they inherit the tenant and the terms of the existing lease. Hence it’s not just a property sale, it’s a tenancy purchase. The buyer becomes a landlord until the AST ends.
The Bottom Line
Selling a property with tenants can be complex, but with careful handling, it doesn’t have to be stressful. Fostering an environment of respect, understanding, and open communication ensures a smooth transition for everyone involved. After all, your property was their home, and it’s in everyone’s best interest to maintain a positive, welcoming atmosphere, both for the potential new owners and for the current tenants.
