Notice to sell, sale fell through

OU812

posting on behalf of my mother, who doesn’t use technology.

My mother has an apartment which is in negative equity (hard to believe these days).

She’s been renting it out for about 12 years & the current tenant is there for ten (HAP pays the rent).

Last year she decided to sell as she’s getting g too old to deal with maintenance and tax returns etc.

She gave notice to the tenant and the RTB of nine months and went sale agreed on it last October.

The buyer has been kicking their heels, constantly delaying and has just pulled out of the sale.

How does she stand with the tenant? Does she have to give another nine months notice or is she covered by the first one?

Calahonda52

would be easier to sell empty?

Notice to sell is just that

OU812

absolutely it would but she can’t afford to cover the mortgage while empty

Homer

prices have steadily risen in the last year so stick it back on the market and get an even better price! Get rid of the tenant as soon as legally possible

Augme

Your mam will find it much harder to get a seller to sign contracts with a tenant in situ.

dennyk

Is the tenant still in the property? Are they overholding at this point, or has the effective date of the notice not yet arrived? A notice of termination because the property is being sold requires the landlord to sign a statutory declaration that they intend to sell within nine months of the termination of the tenancy, not within nine months of issuing notice, so if the termination date hasn't even passed yet, the current notice is still valid. The fact that your mother entertained selling the property with the tenant in situ during the notice period itself instead, but wasn't able to, doesn't affect the validity of the notice, so long as she still genuinely intends to sell the property within nine months after the tenancy ends.

HarryHeart

As you have a hap tenant, maybe approach the local County Council and see with they buy the property under the tenant-in-situ scheme. she will have rent paid until the sale is finalised.