UK Landlord Forum / Life

I am currently in the process of selling my rented property. The buyer was happy to keep the tenant and the tenant was happy to stay - happy days?
Of course not! The buyer's surveyor attempted to get in the property last Thursday and a padlock had been put on the door. Buyer now wants the tenant out, and I'm left hunting for the tenant. We managed to get inside the property, as the padlock was very flimsy and was leaving the property at risk. All the tenants stuff is still in there. We have since found out he's in custody for crack cocaine and cannabis possession with the intent to supply. He will be appearing in front of a crown court at the end of the month 😳😳 His next rent due date is next week, and he's on a periodic lease agreement. Would I be correct in saying I should try to obtain a "surrender of tenancy" first, while also submitting a section 8 and 21. I am unsure what to do with his stuff? I'm trying to think of pitfalls for the buyer... I'm pretty sure they are happy to proceed without him being in there. What's the worse-case time this could take? My mind is a bit blown

Quote from: deeCCKENT on April 14, 2019, 07:21:20 PM
What's the worse-case time this could take?

If you have to go all the way through courts to bailiffs, months. That's not counting the length of the notice itself. Unless you have a very patient buyer, you'll lose the sell.

Ouch!

Go for s21 not s8 (the rent won’t be overdue by the required amount for a couple of months) and it’s unlikely you’ll get access to the tenant to sort out a surrender, obviously go down the accelerated possession order route so forget about claiming for costs.  Then get the bailiffs organised pronto. 

They’ll evict him/in his absence get you possession.
You’ll need a locksmith organised for the day unless you have access (ie no one (of his/her buddies) has changed the locks on you in the meantime)..

You’ll have to store his stuff for a period of time.  Likely 4-6 weeks but could also depend on the value of his stuff.  See if you can get in touch with his rep to send notices to/instructions for collecting his goods (assuming he is convicted and has to serve a term of imprisonment).  Don’t take his stuff out of the property until the bailiffs have gained you possession and don’t tell anyone you’ve been in the property either.

Most important explain all this to your buyer.  If they are a pro investor they might be prepared to wait / you could consider a small discount if this particular buyer is the one you need (has the property been on the market for a while/hard to sell?). 
I’d estimate 6-8 weeks for possession order.  3-4 weeks for bailiffs (although this can be much less).

Best of luck.

Thank you for your replies. Situation is pretty much the same. I issued the tenant with a surrender of tenancy but haven't heard anything. I'm
Just wondering if a clause in my tenancy agreement covers it, as it says if the flat has been left empty for a period of time I can enter and re-let the property. Long shot, but this could be my only hope

No. Such a clause is needed for technical legal reason, it doesn't actually apply the way it's written.

The tenant has sent back a signed surrender of tenancy!!!!! 😊 I asked him to get someone to contact me regarding his stuff. Haven't heard any news yet