Rental property

[ditchingtherat]

Me and my dp own our house and a rental property ;(didn't want to rent it but it wasn't selling)
I want to get divorced, he's abusive and I need to get out.
We will have to sell both properties as I can not afford the mortgage on the one we live in and I will need the equity from the sales to buy somewhere for me and the kids.
The tenants have just signed a 12 month contact, where do we stand if we need to sell?

You can’t force the tenants to leave. Even after the 12 months is up, it maybe tricky if they don’t want to move out. Especially with the current rental crisis.

Your realistic options IME are either sell the property tenanted or offer the tenants a cash sim to leave early.

I would seek legal
advice before proceeding any further.

Look at their tenancy agreement. Get legal advice.
If you have to give your tenants notice you must do it 100% to the letter of the law and make sure everything is in place ( deposit insured, certificate issued, gas certificate in place etc..) I’ve sold property with the tenants staying on as they wanted to stay and were really nice people, great tenants. It took a while longer to sell ( choose your agent carefully) and maybe not for the best price but good enough and everyone was happy with the outcome.

I want to move into that house if possible, I would of course do it properly and give them as much notice as possible. They are nice people and have children and I know how hard it will be for them to find somewhere with the way things are at the moment.

You can sell the house with sitting tenants if you can find a buyer that is happy to be a landlord. But if they want to stay, there is little realistic chance of you being able to move into this house until the twelve months is up and then perhaps more some.