My partner and i are seperating and need to sell a house owned jointly there is a tenant who we have to give notice to. i Is needing to sell the house reason enough to evict?
Country relating to Question: United Kingdom
HiThanks for your question .For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-1. What is the fixed term of the tenancy please2. Is there a break clause in the tenancy agreement entitling termination upon noticeKind regards.Tom
1.The contract was for 6 months
HiThanks for your reply. I’m afraid that a desire to sell the property is not sufficient in order to serve a notice for possession. A landlord who wishes to get possession earlier than the expiry of the fixed term has only a limited number of grounds under the Housing Act 1988 by which they can do this. Wishing to sell the property is not one of them. If the landlord were themselves able to offer suitable alternative accommodation then there is a discretionary ground (ground 9) on which they could serve two months notice but the reality is that the suitability of the alternative accommodation is almost always disputed by the tenant unless it is actually an improvement. You are of course able to sell the property subject to the tenancy but this limits marketability because only buy-to-let buyers will be interested. If the tenant clocks up two months worth of rent arrears or has persistently paid rent late then you can serve a s8 notice giving them two weeks notice but I assume that this does not apply here.Sorry I could not have better news for you.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVIC or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
BA (Hons), PgDip, Practising Solicitor
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