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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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can I end the tenancy agreement if I am in the process of selling

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can I end the tenancy agreement if I am in the process of selling the property?

Thanks for your patience.

If the tenant is occupying the premises under an assured shorthold tenancy then I’m afraid not, no.

Tenants are well protected by legislation in this regard. You can only evict the tenant earlier than the fixed term under very specific grounds. To do so, you would have to serve a s8 Housing Act notice on them citing on the grounds. The available grounds are listed on this page quite well:-

You will see that there is no option for where you want to sell the property. So, unless the tenants are two months in arrears with their rent, have seriously breached their tenancy agreement it will not be possible for you to evict at this stage.

This means that either the sale is postponed until the tenants vacate at the end of the fixed term (after you have serve the s21 Housing Act notice requiring possession at the end of the fixed term), OR you sell the property to the buyer with the tenancy in place OR you offer an inducement to the current tenant in the form of a fee to get them to execute a Surrender of Tenancy with you. A surrender of tenancy is a written document executed by you and the tenant stating that you both wish for the tenancy to be terminated/surrendered before the end of the fixed term.

I am very sorry, but it seems like you will have some negotiating to do

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Kind regards,

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