How do I change a sale and purchase with a tenancy agreement to sale with vacant possession

To change a sale and purchase agreement from one that includes an existing tenancy agreement to one that requires vacant possession, several steps and considerations are involved:

Notification and Agreement

• The seller must notify the tenant in writing, typically through a termination of tenancy notice, informing them of the intention to end the tenancy. This notice should be in accordance with the terms of the existing tenancy agreement.

Negotiation with the Tenant

• The seller may need to negotiate with the tenant to reach a mutual agreement for the tenant to vacate the property. This could involve offering compensation or other incentives to the tenant to encourage them to leave voluntarily.

Legal Process

• If the tenant does not agree to vacate, the seller must follow the legal process to evict the tenant. This involves sending a written termination of tenancy notice, obtaining a court order to enforce the notice, and then applying for an enforcement order for possession of the property.

Amendment of Sale and Purchase Agreement

• Once the tenant has vacated or an agreement has been reached for vacant possession, the sale and purchase agreement needs to be amended to reflect the new condition. This typically involves adding a clause stating that the property is sold with vacant possession and ensuring that all parties agree to this change.

Ensuring Compliance

• It is crucial to ensure that all legal and contractual obligations are met during this process. This may include updating the inventory list, if applicable, and ensuring that the title to the property is free from encumbrances on completion.

By following these steps, you can transition from a sale with an existing tenancy to a sale with vacant possession, but it is highly recommended to consult with a legal professional to ensure all procedures are correctly followed.