Selling a property that currently has tenants living in it is a relatively common situation for landlords looking to liquidate property assets. However, letting go of an investment property in the middle of a tenancy agreement can seem like a legal minefield for the unaware. Questions quickly arise around whether sales remain possible mid-tenancy, what processes need to be followed regarding tenants’ rights, any restrictions imposed on buyers, and what best practice looks like to ensure smooth transactions.
Understanding the Challenges
Selling whilst current tenants occupy properties primarily throws up two major complications versus standard vacant sales:
Limited Property Preparation & Viewability: Having less control over property presentation with restricted viewing access hampers a landlord’s ability to showcase their asset most appealingly to maximise buyer bids.
Slower Completions Requiring Alignment: Achieving strategically timed vacant possession around key transaction milestones proves trickier navigating around tenant departure aligning completion dates.
Process Overview
Whilst some buyers inevitably prefer acquiring vacant possession immediately, existing tenancies rarely prevent sales from progressing successfully – just requiring more strategic handling. The typical process broadly follows:
- Listing Property for Sale: Subject to existing AST.
- Arranging Viewings: Work around tenants’ schedules.
- Buyer Consideration: Bids factor in tenants.
- Sales Completion: Tenants remain in situ.
- Occupancy Transfer: New owners gain possession.
- Vacant Possession: Transfers later by mutual agreement.
Maximising Property Potential
Overcoming viewing restrictions and ensuring smooth handovers between landlords and tenants are crucial aspects of the sales process. Strategies to achieve this include:
- Considerate Scheduling: Work around tenant availability.
- Virtual Tours: Mitigate in-person disruption.
- Comprehensive Documentation: Showcase property potential.
- Emphasis on Upside Potential: Highlight future enhancements.
Navigating Transaction Logistics
Aligning buyer, seller, and tenant motivations appropriately at each milestone is essential. Key considerations include:
- Exchange & Completion: Tenants retain occupancy rights.
- End of Tenancy Term: New buyers assume control.
- Handling Deposits: Transfer legal responsibilities seamlessly.
Understanding Legalities and Obligations
Buyers should appraise opportunities working with tenants rather than against them. Constructive collaborations nearly always serve buyer and tenant interests best. Importantly:
- Enforced Vacant Possession: Buyers cannot demand or enforce immediate vacant possession mid-term without due grounds via court.
- Existing ASTs Transfer: Contracts legally transfer to new owning landlords.
Conclusion
Selling tenanted properties adds complexity to transactions, preparation limitations, and completion alignments. However, properties don’t become inherently unsalable purely due to pre-existing occupant agreements. Success remains entirely achievable leveraging smart sales and marketing strategies catering to investors welcoming inherited tenant yields. Respecting lawful tenant occupancy rights while transacting builds positive foundations for new buyer-tenant relationships thereafter.
