Voluntary Surrender - can I get the tenants out

I have agreed to Voluntary Surrender a Buy-to-let which has tenants in place. It must be surrendered with vacant possession.

Tenants are in place for 20 months with 4 months left on a fixed term lease, i.e. they rented first year on a 12 month lease, then renewed for a further 12 months.

I have been reluctant to issue a Termination Notice in case it might be deemed invalid.

I know one of the reasons for issuing a Termination Notice is if the property is to be sold within the next 3 months. Obviously I am not selling the house as such but I am transferring it to the bank and then the bank will sell it. My question is - does this scenario entitle me to issue a Termination Notice with reason that the house is to be sold ?

Any advice will be appreciated.

Perhaps you should discuss this issue with your bank before you issue notice

My view would be that the tenants are entitled to stay for another 4 months. If the property is transferred to the bank in that time the bank would have to honour the terms of the fixed term lease. They would also have to honour the notice period if they intend to sell the house.

Thanks for the replies. The Bank is not interested in how I terminate the tenancy, they just want the house back although in fairness they are not putting me under major pressure. I think I will issue a Termination Notice to coincide with the end of the tenancy agreement. However, where do I stand if the tenants fail to leave the house at the end of the tenancy agreement? Rental properties are not exactly in good supply in the particular area.