9 Crown Row, Bracknell, Berkshire, RG12 0TH
Marney Howick
Sales Valuer
Marney has worked in estate agency since leaving school and has experience in the Berkshire, Hampshire and Surrey property markets. She certainly has gained some exceptional local knowledge! Outside of work, Marney has a crazy beagle who keeps her busy, she loves playing Paddle with the girls in Binfield, and trying out new local bars and restaurants.
Top of my bucket list is…
I’d love to go to Bali!
When I was younger, I wanted to be…
An estate agent.
On Sunday mornings, you can usually find me…
Out for brunch, followed by a walk with the girls and our dogs.
My guilty pleasures are…
Prosecco and awful reality TV.
The thing I like best about my job is…
Building long lasting relationships with my clients and getting to see beautiful homes! I feel extremely fortunate to have worked across several counties and helped lots of lovely people move home.
The best piece of advice I’ve been given is…
You make your own luck.
8 May 2017
First of all, a sitting tenant is a generic term for a tenant that is in occupation. He or she might occupy the premises under a variety of different tenancies and this is critical to their legal right to remain in occupation – or not.
Most tenants now occupy premises under short tenancies of 12 months or less and they are, in most cases, the owner of an Assured Tenancy. This tenancy is protected under past Housing Acts and whilst the tenant has various rights to remain during the fixed term of the tenancy, the Landlord also has rights to take back possession either at the end of the tenancy or if the court orders possession after a tenant is found to have breached the terms of the tenancy. There are formalities that must be adhered to in order to lawfully evict a tenant.
Some tenants might occupy under different legal frameworks including agricultural tenancies or Rent Act tenancies. They may also occupy under a long lease or unlawfully. The rights each occupier has under law and the definition of their occupancy can, therefore, be very complicated. It is well worth checking the legal position with a professional.
A property can be bought or sold with a sitting tenant in occupation and it is quite normal for this to take place. However, there are various obligations on the part of the owner of the property relating to when he may undertake viewings, erect a sale board or undertake works. The Landlord must also notify the tenant of any change in ownership. It is also prudent to account for all rent paid and deposits held by third parties at the time of sale so as to avoid confusion.
Before you sell with a tenant in occupation, make sure you take proper advice. In some circumstances, a property that is occupied (in other words, it is offered without vacant possession) may be worth less than one that is not. This is largely dependent on the rights of the tenant in occupation and the type of transaction being undertaken. For example, a good tenant that pays rent and keeps the property in good order might be advantageous when selling an investment property.
For more advice on this subject feel free to call us for an informal chat.
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