Selling rental property

Hi, I have a property I'm letting out on a 12 month lease since Aug 2013 which I may now need to sell. Under the lease agreement I have a clause " I may terminate the lease, with the required four weeks notice period, if I chose to sell the property"

however the tennant also pointed out I have a clause stating

"It is hereby expressly agreed that the Tenant shall, within the first 4 weeks upon commencement of this agreement, provide the Landlord with a written employers reference confirming place of employment as well as tenure. This agreement shall be considered null and void in the event such reference is not provided in the timeframe stated"

I never asked the tennant for references. I wonder where I now sit on selling the property within the lease term?? Many Thanks,

Well as you said yourself, the agreement could be considered null and void. Therefore do you even have to give the 4 weeks notice as defined in the agreement?

If the lease is null and void how can there be a lease term? If it isn't null and void then give them the 4 weeks notice allowed for in the agreement?

Sorry for going a bit off topic

It is hereby expressly agreed that the Tenant shall, within the first 4 weeks upon commencement of this agreement, provide the Landlord with a written employers reference confirming place of employment as well as tenure.

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Why would anyone look for a reference after choosing the tenant? Surely you should be getting references beforehand?

Brendan

Brendan Burgess said:

Sorry for going a bit off topic



Why would anyone look for a reference after choosing the tenant? Surely you should be getting references beforehand?

Brendan

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True, this was an error on my part as I used another contract as a template with this in it.

Kier, as the tennant is there more that 6 months and if my fixed term contract is void they will be covered by Part 4 Tenancy? Meaning I'm within my rights to provide 5 weeks notice. I know I'm going to have a problem having the tenants moving out as they were upset when I flagged this with them - there is a lack of similar properties in the area and they have a young family. However if I have no option but to sell so am looking for advice if they refuse or can't leave - they are paying rent, etc so I want to be as flexible if possible. Thanks for any help.

docker said:

. I know I'm going to have a problem having the tenants moving out as they were upset when I flagged this with them

am looking for advice if they refuse or can't leave - they are paying rent, .

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Of course they are upset, they must be hopping mad.

Personally and others (factious) might disagree but written leases are of no help to you if they refuse to leave etc.

So you need to be pro tenant to get your house sold. This can be done by giving them the correct notice, as per the lease/PRTB rules. But if that's going to end up with them overholding then it's pointless.

So bribery comes into play here. Ask them would they mind leaving at their leisure, give them plenty of time, and tell them they don't have to pay rent from now on, or a variation on that. They need now to get a deposit together, and to save in case they have to pay a higher rent. Also ask them would they mind allowing the house to be viewed by potential purchases. I would stick to a particular time slot on say two days a week so as not to disturb them.

Bronte said:

Personally and others (factious) might disagree but written leases are of no help to you if they refuse to leave etc.

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Absolutely correct about me there, Bronte.

So often I see case where tenants do not know their responsibilities obligations as they have nothing in writing.