When to put London house on market?

[Perkyduck131]

We have a house in south west London with tenants in it until end of August. Does anyone have any advice on when would be the best time to put it on the market?
Obviously anyone buying it wouldn’t be able to benefit from the stamp duty holiday so slightly concerned at how that may impact the amount of interest we get/ price! Was thinking around May time but unsure if that’s too soon given they wouldn’t be able to complete until a few months later.

Thanks @abricotine I’ve emailed and phoned the estate agent but no response! I’m working near there today so going to pop in and see what he says but will get the ball rolling on the section 21. So frustrating
@Andthenanothercupoftea we hadn’t even considered that tbh but will also raise that. Our road used to be very family orientated but it’s becoming more a graduate hot spot so there could be some interest for a buy to let.
Thanks for that @RainingBatsAndFrogs - interesting to see from the other perspective.
After speaking to the estate agent I’ll chat with the tenants and be completely honest about the situation to see what they intend to do and how they would feel about having potential buyers to view while they’re in. Will definitely leave putting on the market until later in the summer at least!

Sorry to keep banging on with this but any advice would be greatly appreciated. Estate agent isn’t being clear and seems reluctant to issue a section 21.
Is a section 21 the official document for giving notice or is this a ‘Covid’ document? I spoke to a a friend who did not mention the 6 month clause or section 21 to their tenants and been able to sell.
Just to clarify- This seems unethical and our tenants have always been reasonable so I do want to give them all the information up front. I’m just wondering how people are managing to get away with not issuing a section 21? Surely a solicitor would pick this up. Is there any reason my estate agent seems reluctant to issue one as well?

A lot of tenants are not particularly knowledgable about section 21 notice so if you have asked them to leave they may just do so. I had a tenant do this and although it was a month later than I requested it was better than waiting the full six months. Obviously if the tenant had given any indication that they were unwilling to leave then I would have gone down the section 21 route. Obviously its not always necessary but you are taking a risk in not issuing it.

Thanks for getting back to me @planttrees - so is there a different 'official notice' to a section 21? As we're selling, under normal circumstances what would our buyer's solicitor expect to see to confirm that our tenants are actually leaving?

I doubt there is much that would satisfy your buyer's solicitors and mortgage company other than vacant possession. I am not sure of the legal position on this but I have also known various sweeteners offered to tenants to persuade them to vacate early - a refund of the last month's rent for example once the place is empty.

As a landlord I am embarrassed about how little you know. The buck stops with you even if you pay the agent.

Unless tenants breach the terms, the only legal notice you can issue is a section 21, six months notice after the end of the fixed term. They do not have to leave at the end of that - it is only a notice that if they don't go, you will start legal proceedings. They only have to leave when the bailiff comes which will be around two years once the eviction ban is lifted due to a huge backlog. There is no evidence that confirms that they are leaving.

Either bribe them to give their notice or sell it to another landlord. Landlords cannot end tenancies, only tenants and courts can do that.

And they don't have to allow viewings, either.

@murbblurb

As a landlord I am embarrassed about how little you know. The buck stops with you even if you pay the agent.

Unless tenants breach the terms, the only legal notice you can issue is a section 21, six months notice after the end of the fixed term. They do not have to leave at the end of that - it is only a notice that if they don't go, you will start legal proceedings. They only have to leave when the bailiff comes which will be around two years once the eviction ban is lifted due to a huge backlog. There is no evidence that confirms that they are leaving.

Either bribe them to give their notice or sell it to another landlord. Landlords cannot end tenancies, only tenants and courts can do that.

Are you a pissed off tenant?

No, I am a landlord stating the facts as they apply in England. Go look it up if you don't believe me.

I know facts are rude on over sensitive MN but that's not my problem.

Thanks for the info @murbblurb - we didn’t actually intend on becoming landlords but had to move quickly for multiple reasons and had always intended this as a short term fix, hence why we pay a significant amount to a professional who I’d assume to have more knowledge around this. He doesn’t - so I’m seeking advice here so I know which direction to go in.

I’m a dyslexia specialist but I don’t assume the parents I work with would have the same level of understanding around it that I do- that’s just ridiculous comment.

And yes, I knew that re the viewings. Excluding the pointless comment at the start there was so helpful info in there some helpful parts of your post- appreciate that.

Thank you for all the other comments- we’ve informally given the tenants a heads up and instructed for the section 21 to be issued. We’re going to leave it a week or so and then approach them to see if they’d be happy to give notice to leave for the end of original contract in August. If not, then we’re luckily in a position where we can wait until November and then hopefully do a bit of spring cleaning and put it on for the Jan market. Knowing the tenants I don’t think we’ll have to resort to any eviction procedures but you never know- may see me back on this thread in six months time embarrassing myself further

Thanks @Planttrees that’s really helpful - I think that’s what we’re going to try!

OP please do make sure that you read up yourself on the S.21 to make sure it is properly drawn up and issued. If there are any issues with it at all the tenants are within their rights not to mention it until the last possible moment meaning you would then have to issue a new one and start the six month countdown again.

It is also worth checking with your estate agent that they have properly followed all other requirements. Including protecting the deposit and giving the tenants proof of the scheme in which it is held, and giving copies of
the energy performance cert and gas safety cert if relevant. Plus the sheet of details of the tenancy and basic information of rent and so on. If any of these elements are missing the tenants have grounds to come back at you.

Thanks @friskybivalves - I saw re the energy/ gas cert but not the proof of scheme so will chase that up. That’s interesting (/terrifying) re waiting until the last minute to raise something is missing- I think that would send me over the edge!

Would you be a dyslexia specialist without knowing what you are doing? I hope not.

Yet you are happy to be a landlord with minimal knowledge and chuck the toys when told the truth. Very Mumsnet.

Good luck, because you are probably quite screwed. Hiding thread as silly people that whinge at uncomfortable truths are not worth my time. Common MN problem, xad really as if this place is full of women no wonder it is so hard to be taken seriously.

Ah I don’t think you understood I’ll explain it for you - my point was that people hire people with specific expertise to over guidance and advice. I wouldn’t hire another dyslexia tutor to help me tutor because I have enough knowledge an expertise to do that myself. As a landlord, I recognise that I am not an expert so we hired what we believed to be a highly regarded property manager to assist us.

I don’t think that’s ‘whinging’ or ‘chucking my toys out the pram’ - I’ve taken on board everything people have said and used it to inform future planning which is surely the point of an online forum.

I’m confused as to how my enquiries regarding a section 21 have perpetuated certain gender stereotypes? I would argue that your disproportionate reaction to someone you don’t know, regarding an issue that has no impact on your life, is far more ‘mumsnet’ than me calling you out for making an unnecessary comment (yet still thanking you for the useful information). I just can’t imagine getting that over invested in someone else’s problem, so I’m glad you’ve hid the thread if my lack of expertise with property law is causing you so much distress.

Sorry, offer not over- awful proof reading there!

@Perkyduck131

Sorry, offer not over- awful proof reading there!

I have sympathies with you OP - I also became an 'accidental landlord'. Paid a good chunk of the monthly rent to a well known and reputable professional estate agent and letting manager so that they would handle the tricky bits for me - the processes that they do day in and day out - so that I could be reassured they would get them right and I would have peace of mind.

It didn't turn out well. I found out the hard way. Hence my advice to read in yourself and not rely on the estate agents.

Thanks @friskybivalves - sorry to hear about your experience, such a waste of money and so bloody stressful. Hope it’s all resolved now. Appreciate the warning - will be our focus over the next few weeks to get to grips with everything so hopefully we don’t get caught out too. Seems it can easily happen. Definitely seems the best idea to wait until vacant to put on the market so will have to pause any of my over excited rightmove searches for now!

How much notice do I have to give the estate agents if I’ve been issued a section 21? Can I leave as soon as I’ve found somewhere or do I need to give a months notice? Any help would be appreciated!