Landlord query re rental property

[Abkbjbjb]

Hi I have a rental property which I am planning on putting on the market. My tenants agreement was up in December 2027. I plan to put on the market this March, the agent who I will put the house on with have said that she must vacate the property before the for sale sign goes up. Can someone tell me why she must be out before I can try and sell? I think my tenant will probably be happy to stay until it's sale agreed/sold, unless of course if she finds somewhere else to live before that date.
If she wants to can she stay until sale agreed?
Thanks

She can stay, but prospective buyers might be put off by the possibility that she might try to stay in the house and so they don't buy a house with vacant possession but with a squatter

Are you in London? I know lots of people putting properties on the market then choosing not to sell as prices are falling. Perhaps EA is trying to gauge how serious you are?

It's also easier for them to sell a vacant, neat and clean property with an unlimited viewing schedule.

There's no legal requirement except at the date of exchange to a resident purchaser requiring a mortgage, but if your tenant has rolled onto a periodic, you must give them 2 months notice. A smooth, well managed (by both parties and both solicitors) sale of a chain-free and uncomplicated property should not normally take more than 4 weeks to exchange so if you're going for a fast sale it makes sense to get it vacated and prepared for viewings before it goes on the market. IMHO.

Its a marketing thing.

Is your tenant happy with viewings and neat and tidy. If so there is no problem marketing with the tenant in situ. Indeed a nice lived in flat can look better than an empty one. However agents are probably wary of having to negotiate with tenants over viewings. I would have a talk with the tenant and agree a lowered rent in exchange for flexibility.

The other problem comes if you are offering vacant possession. Your solicitor will probably advise you to ensure your tenant is out before exchange. Otherwise if she refused to leave it could get quite messy. The fact that it is at least a two month delay before exchange might put some off. I would simply promise that notice would be served as soon as an offer is accepted.

It's not just a marketing thing. You tenant is entitled by law to the quiet enjoyment of the property. That means you can't expect to take marketing photos and have viewings without her permission. And you can't force her into it either.

If the original tenancy period has ended, have you served a s.21 notice on the tenant yet? Btw - the tenant may not leave at the expiry of the two month notice period in which case you would need to start legal eviction proceedings.

Unless you sell to another landlord with the tenant as a sitting tenant then the house must be sold with vacant possession.

Talk to your tenant - but you will need to give her notice at some point soon unless she finds somewhere else and gives you notice herself.

she can stay, but no-one sane will exchange until she has gone unless they are another landlord taking it on as a rental. She won't ever be a squatter, she is a tenant with every right to stay until the bailiff is she so chooses. You can't end the tenancy as a landlord.

also the tenant is under no obligation to let buyers in to view.

Thank you everyone for your helpful tips and advice