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Tenanted Flats, Tenanted Properties
The Process Of Selling Tenanted Properties: What You Need to Know
Navigating the Process of Selling Tenanted Properties: What You Need to Know If you own a rental property, there may come a time when you decide to sell the property. But what happens if you have a tenant in place? Selling a tenanted home requires a bit of extra planning and communication to ensure a smooth process for everyone involved. In this article, we’ll explore the pros and cons of selling a tenanted property, legal considerations, how to communicate with your tenant, and why appointing a trusted agency for this process helps. Selling a Tenanted Flat or House: What It Means First, let’s define what we mean by a tenanted property. This is a property that you own and rent out to a tenant currently. If you decide to sell the property, the tenant is still under a rental agreement and has the right to remain in the property until the end of the lease term. As the landlord, you have the right to sell the property, but you must follow certain legal requirements and communicate with your tenant throughout the process. Pros and Cons of Selling a Home With Renters There are both pros and cons to selling a home with tenants. On the one hand, having a tenant in place means you have rental income coming in until the property sells. This can be helpful if you’re in a financial pinch or are looking to sell promptly. On the other hand, having a tenant in place can also make it more difficult to show the property to potential buyers and make necessary repairs. Legal Considerations When Selling a Tenanted Flat When selling a flat with tenants, there are legal considerations you must keep in mind. First and foremost, you must honour the terms of the lease agreement. This means you cannot end the lease early just because you want to sell the property. Communicating with Your Tenant: What You Need to Know Clear communication is key when selling with tenants. You must be transparent with your tenant about your plans to sell the property and what it means for them. Start by giving them proper notice before showing the property to potential buyers. This will give them time to prepare and make alternative living arrangements if necessary. Finding the Right Buyer for Your Tenanted Home When selling a tenanted flat or house, it’s important to find the right buyer. You want someone who is willing to honour the terms of the lease agreement and work with your tenant throughout the selling process. Consider working with an estate agent like Cairn who have relevant industry experience in the sector. Cairn can help you find buyers who are willing to work with your tenant and ensure a smooth transition. Completing the Sale: What Happens to the Tenant? Once the sale is complete, the new owner must honour the terms of the lease agreement. This means the tenant has the right to remain in the property until the end of the lease term. The new owner may choose to renew the lease or use the property for something else once the rental agreement expires. Selling a Tenanted Property – Final Thoughts Selling a tenanted home requires extra planning and communication, but it’s certainly possible to do so successfully with the right agency. If you’re considering selling a tenanted flat, get in touch with Cairn’s dedicated team of property professionals to learn more. Explore more key information on our tenanted properties page here. Cairn also specialise in selling tenanted flats, if you would like to discuss investment opportunities, please do get in touch with our investment team here.
Meet The Team, Staff
Meet the Team – Zoe Simpson – Property Inspector Glasgow
Meet the Team – Zoe Simpson – Property Inspector Glasgow Describe your role in one sentence at Cairn? I’m an External agent so I carry out inspections, move outs, deposit returns, meeting tenants, landlords and contractors. Basically anything that involves being out of the office and making sure that our properties are being well looked after and our landlords and tenants are happy. (Sorry that was 2 sentences!) How long have you worked at Cairn? Around 7 years now. What’s the best thing about working at Cairn? I love that Cairn is an independent and can change and adapt to conditions. We have the best team who all work well together and are very supportive. The best thing about working in the property industry? Definitely that every day is different so it never gets dull and you get to meet some really interesting people and hear some fascinating stories from them. Give us an interesting fact about yourself? After never having ran in my adult life, last year I decided to do the NHS Couch to 5k programme and I now run a 5k three times a week. If I can do it anyone can so give it a go. Who are your heroes inside and outside of business? Inside of business would be anyone who doesn’t let pressure get on top of them. Outside of business I would say probably Barrack Obama. I’ve just finished reading his book and as well as being (in my opinion) an excellent President during his terms, I think he seems like an all round good guy. One piece of advice you could give your younger self? I think everyone says this but don’t worry about what other people think of you. Aim to be happy and content in yourself and life will be much simpler. What qualities do you most admire in others? Honesty and kindness. Both of these are huge qualities in my book. Where is your favourite place in Scotland? Scotland is such a stunning country, however, you cannot beat the banter in Glasgow! If someone would like to get in touch with you about a property, how should they get in touch? zoe.simpson@cairnestateagency.com
Estate Agency, Meet The Team, Properties For Sale
Meet the Team – Jenny Martin – Estate Agent
Meet the Team – Jenny Martin – Estate Agent Describe your role in one sentence at Cairn ? As a negotiator I bring properties to the open market, manage enquiries and negotiate offers. How long have you worked at Cairn? 9 months at Cairn but in property for 6 years now. What’s the best thing about working at Cairn? The Team. I know it’s a cliché but we really are like a family. Everyone is very supportive of one another. The best thing about working in the property industry? As a negotiator I still get excited about closing dates. Each day is always different too which keeps things interesting. Give us an interesting fact about yourself ? I am a black belt in both Karate and Judo. Who are your hero’s inside and outside of business? The real hero’s inside of business are those who are willing to help out a fellow colleague in a pinch. I also look up to those who have taken the time in their lives to become proficient in excel spreadsheets. Outside of business I would say my sister in law Victoria for putting up with my side of the family whilst balancing a demanding job alongside raising the 2 most amazing children. I have never heard a single complaint from her in my life. One piece of advice you could give your younger self Don’t take any of it too seriously. Tomorrow is never promised. Also do not over pluck your eyebrows. What qualities do you most admire in others ? I admire kindness, compassion and solid problem solving skills. Where is your favourite place in Scotland ? Gleneagles If someone who like to get in touch with you about a property, how should they get in touch ? 0141 270 7878 and option 2 for sales or my email jenny@cairnsales.com
Meet The Team
Meet the Team – Victoria Craig CIH Level 3 – Property Manager
Meet the Team – Victoria Craig CIH Level 3 – Property Manager Describe your role in one sentence at Cairn ? I am property manager and have a portfolio of professional letting properties along with HMO properties. How long have you worked at Cairn? I have worked at Cairn Letting for around 3 years. What’s the best thing about working at Cairn? The team! I love how close we all are, inside and out of work. The best thing about working in the property industry? It is always busy! I learn something new every day. Give us an interesting fact about yourself ? I have qualifications in Primary School Teaching, Sport, Health and Nutrition and I am a qualified eyelash technician. On top of this, I have my Letwell Qualification. Letting is definitely my favourite role! Who are your hero’s inside and outside of business? My siblings – all 6 of us are so different but they inspire me to be the best version of myself. One piece of advice you could give your younger self Live in the moment and have fun, tomorrow is never promised. What qualities do you most admire in others ? Loyalty, kindness and humour. Where is your favourite place in Scotland ? Aviemore – a wee village up North. If someone would like to get in touch with you about a property, how should they get in touch ? victoria.craig@cairnletting.com
Meet The Team
Meet the Team – Fiona Campbell MARLA – HMO Property Inspector
Meet the Team – Fiona Campbell MARLA – HMO Property Inspector Describe your role in one sentence at Cairn ? I am mainly based out with the office, carrying out routine inspections and fire safety training with our HMO tenants. I also deal with move outs, deposit returns, inventories and all sorts in between! How long have you worked at Cairn? I have been at Cairn for over 5 years now. What’s the best thing about working at Cairn? The Cairn team… I am lucky to work with a great bunch of people who are passionate about what they do. We have had plenty of good times along the way! The best thing about working in the property industry? No two days are the same, it’s fast paced and exciting. I get to meet people from all walks of life which can be interesting! Give us an interesting fact about yourself. I am a big football fan (especially of a certain team in Glasgow!) Sky Sports is always on in my house. Who are your hero’s inside and outside of business? Inside of business, I admire anyone who despite their successes remain humble and down to earth. Outside of business, I would say Louis Theroux – the man is an icon! One piece of advice you could give your younger self. Not to be so worried about what other people think of you… life is short, live it! What qualities do you most admire in others ? Humility, honesty and compassion go a long way for me Where is your favourite place in Scotland ? I’m ashamed to say that I haven’t ventured any further than Edinburgh – hoping to explore more of Scotland this year! Perhaps I’m biased but for me, you just can’t beat good old Glasgow. If someone who like to get in touch with you about a property, how should they get in touch (contact details) – fiona.campbell@cairnletting.com
Landlords, Property Investment
Landlords, Worried about Rent Arrears ?
Landlords, are you worried about rent arrears? Do you have a rental property where the tenant is in rent arrears? Are you worried that your agent is not doing all they can to recover the rent or follow the legal process? Are you managing the property yourself and are unsure of what is legally required before you can start eviction proceedings? Not to worry, Cairn is on hand to assist with all your rental worries! With the ‘Cost of Living Crisis’, more and more landlords are finding themselves in difficult situations where the tenant cannot afford to pay rent or is refusing to. The eviction ban is also impacting landlords leaving many feeling helpless with little options available to them. So, what can you actually do? Firstly, if the tenant is struggling to pay rent, you should try to work with them as much as possible to arrange a payment plan. Cairn currently provides an income and expenditure form to our tenants which allows them to work out their incomings and outgoings each month to establish what disposable income they have leftover for the repayment of debt. It is also important to make your tenant aware of all the additional help available to them, including contacting Citizens Advice, Universal Credit, the Scottish Welfare Fund, and the Discretionary Housing Payments through the Scottish Government. If there is a Guarantor in place, make sure you contact them as they will also be responsible for the payment of rent per the terms of the tenancy agreement. Conducting inspections is also important, this allows you to establish that the tenant is still residing in the property and maintaining it to a reasonable standard. If you have exhausted all avenues above and the tenant is still refusing to pay, unfortunately the only option left is to start eviction proceedings. With the current eviction ban, tenants must be in substantial rent arrears (6 months plus) for an eviction order to be granted. Landlords must firstly serve notice on the tenant to vacate and ensure they are complying with the governments ‘pre-action requirements’ for rent arrears. What are ‘pre-action requirements?’ As a result of changes to legislation, any landlords applying to the First-tier Tribunal to evict their tenants for rent arrears need to be able to demonstrate that they have complied with pre-action requirements outlined by the Scottish Government. Before applying to the tribunal, a landlords must: 1. Provide to the tenant clear information relating to: the terms of the tenancy agreement, the amount of rent for which the tenant is in arrears, the tenant’s rights in relation to proceedings for eviction (including the pre-action requirements set out in this regulation), and how the tenant may access information and advice on financial support and debt management. Make reasonable efforts to agree with the tenant a reasonable plan to make payments to the landlord of: future payments of rent, and the rent for which the tenant is in arrears. Give reasonable consideration to: any steps being taken by the tenant which may affect the ability of the tenant to make payment to the landlord of the rent arrears within a reasonable time, the extent to which the tenant has complied with the terms of any payment plan agreed, and any changes to the tenant’s circumstances which are likely to impact on the extent to which the tenant complies with the terms of any payment plan agreed. Cairn currently has a strict rent arrears process in place which includes template letters for staff to send to tenants, complying with the above legislation. What happens at the end of the notice period? If the tenant does not vacate the property, you will be required to apply to the Housing and Property Chamber, First-tier Tribunal for Scotland for an eviction order. This involves completing application paperwork, providing evidence of the eviction ground and also demonstrating that you have complied with the pre-action requirements. Before submitting the application, you will also need to issue a section 11 notice to the local authority. During the application, the landlord / representative will also need to attend one or more case management discussions with the Tribunal before any order is granted. It is important that landlords have a strong case at the Tribunal as legal members are required to now conduct a ‘reasonableness’ test on the tenants and landlords’ circumstances before granting or rejecting eviction applications. This process can be very time-consuming and complicated, especially if defended by the tenant, landlords can defend themselves at hearing, but many do employ the services of a lawyer to act on their behalf. Landlords can also apply to the Tribunal for an ‘order of payment’ for the debt owed by the tenant. Again, this involves submitting application paperwork along with the required evidence and attendance at one or more case management discussions. At Cairn, we have an in house Compliance Manager on hand to assist landlords with eviction and civil applications at the Tribunal. Should you wish advice or more information on this service please email enquiries@cairnletting.com
Meet The Team
Meet the Team – Kerry-Ann French – Accounts Assistant
Meet the Team – Kerry-Ann French – Accounts Assistant Describe your role in one sentence at Cairn ? My role at Cairn is to process financial transactions, from tenant rent payments to landlord and contractor payments. I support the teams in working towards achieving targets each month and processing all the information that comes with this. How long have you worked at Cairn? I started at Cairn in July 2012 so 10.5 years – more than a third of my life! What’s the best thing about working at Cairn? The friendly, dedicated team and the flexibility of home working is great for work life balance, allows me to work around my two young children. The best thing about working in the property industry? Each day is different, they days bring new challenges and an interesting story or two along the way. Give us an interesting fact about yourself ? A piece of art I drew is featured in Kelvingrove Art Gallery and has been for many years. Who are your hero’s inside and outside of business? Inside of business, anyone who aspires to work hard and get the job done, a good work ethic is a great quality. My hero outside of business is my mum, she inspires me everyday to be the best version of myself and is always there to listen or help when needed. One piece of advice you could give your younger self ? Do not worry what others think about you, do what makes you happy. Live and let live! What qualities do you most admire in others ? I admire kindness, ambition and a positive attitude in others. Where is your favourite place in Scotland ? Glasgow for sure, such a wonderful city, especially in the summer sun! If someone who like to get in touch with you about a property, how should they get in touch (contact details – kerry-ann@cairnletting.com 01412707878
Meet The Team, Portobello, Staff
Meet the Team – Jack Steele Branch Manager Portobello, Edinburgh
Meet the Team – Jack Steele Branch Manager Portobello, Edinburgh Describe your role in one sentence at Cairn? My role at Cairn is to oversee the Edinburgh Portobello Branch to expand the business there and ensure the office runs smoothly. How long have you worked at Cairn? I’ve been at Cairn for 6 Years now. I was financial controller in our Glasgow office where I dealt with financial transactions from tenants paying rent to paying Landlords and everything in between. What’s the best thing about working at Cairn? The Cairn Team are fantastic and I enjoy the flexibility of part working from home allowing me work life balance. The best thing about working in the property industry? No two days are the same which presents different challenges but enjoy this. Give us an interesting fact about yourself? I used to play the double bass in an orchestra and I am capped for Glasgow Warriors and Scotland Club XV. Who are your hero’s inside and outside of business? Inside of Business I like Mark Cuban and outside of business it has to be the Gypsy King Tyson Fury. One piece of advice you could give your younger self? I don’t feel the need to try and follow the curve, everybody has their own path to follow. What qualities do you most admire in others? I admire honesty, integrity, and accountability. Where is your favourite place in Scotland? I enjoy spending time in Edinburgh.
Legislation
COST OF LIVING (TENANT PROTECTION) (SCOTLAND) ACT 2022 – RENT INCREASE BAN UPDATE
Cost of Living (Tenant Protection) (Scotland) Act 2022 – Rent increase ban update. A coalition of letting bodies and landlords have submitted a Petition to the Courts against the discriminatory and unreasonable eviction and rent increase ban in Scotland. The Scottish Association of Landlords, Propertymark and Scottish Landlord and Estates have joined forces and are seeking judicial review of the Cost of Living (Tenant Protection) (Scotland) Act which was passed in October 2022. Landlords and property professionals have voiced concerns over this rushed and badly planned legislation. Many feel that this is an attack on private landlords, worsened now that the rent increase ban has been removed from the social rented sector as of 1 March 2023. For the private rented sector? As of 1 April 2023, landlords can increase the rent by 3%, or apply to the rent officer for a 6% increase, to cover increases in the ‘prescribed property costs’ which are: The interest payable on any mortgage or standard security over the rented property. Any insurance premium you pay which relates to offering the property for rent. For example, landlords’ insurance. Increases in premiums for building or property insurance are not included. Any service charges related to the rented property that the tenant pays towards as part of their rent if this was agreed between you and the tenant as part of the terms of the tenancy. Not the best deal for private landlords, who are also suffering through the cost of living crisis whilst being expected to carry tenant rent arrears and pay for maintenance and compliance. Not forgetting the eviction ban! So, can I increase my rent from 1 April 2023? Yes, for PRT tenancies, a rent increase notice can be served on the tenant from 1 April 2023. However, the legislation is clear that any notices issued before 1 April 2023, still fall within the 0% cap, even if the notice does not take effect until after 1 April 2023. For Assured and Short Assured Tenancies, rent increases are still permitted and not affected by the ban as long as the tenancy agreement has a rent increase clause. Rents can be increased to the market value per the terms of the clause, unless there is a specific formula stating otherwise. In such difficult times as these, it is now more important than ever to have a knowledgeable and qualified agent managing your rental property and your interests. If you would like to discuss your options of changing agent or letting your property, please contact our friendly team on 0141 270 7878 for Glasgow and 0131 346 4646 for Edinburgh, or by email to enquiries@cairnletting.com We also have a in house Compliance Manager who is more than happy to assist landlords facing difficult letting and eviction issues.
