78. Occupiers

In the intricate process of selling a property, one pivotal aspect often overlooked is understanding its occupancy status. Delving into this subject uncovers critical insights that can significantly influence the sale process.

Seller's residency

To establish whether the seller lives at the property, consider their primary residence. Their primary residence is typically the place where they spend the majority of their time and is considered their main dwelling. If the property they are selling is the place they primarily inhabit and call home, it indicates that they live there. This could include properties where they are registered to vote, receive mail, and where their personal belongings and daily activities are centred.

Additional occupants

Apart from the sellers, it is important to determine if anyone else aged 17 or over lives at the property. This might include family members, friends, tenants, or lodgers. Inquiring about the residency status of individuals within this age range who occupy the property is crucial for potential buyers to understand who will be residing there beyond the sellers. Different individuals might have different rights and responsibilities based on their relationship to the property.

Comprehending household composition

Quantifying the number of adult occupants aged 17 or older offers valuable insight into the property's occupancy dynamics. This understanding helps anticipate and address any associated issues that may arise during the sale process.

Names of occupants

Gathering the full names of all adult occupants ensures meticulous documentation and regulatory adherence throughout the sale journey. This step fosters transparency and accountability, safeguarding against potential disputes or oversights.

Occupants' agreement to leave

Confirming the agreement of occupants aged 17 or older to vacate the property before the completion of a sale is a critical step in facilitating a seamless transition of ownership. Here is how to effectively ensure their departure:

Open communication	Initiate open and clear communication with the occupants. Explain the reasons for the property sale and the need for them to vacate.
Discussion and agreement	Engage in discussions with the occupants to reach a mutual understanding about their departure plans. Ensure that all parties are on the same page regarding move-out dates, responsibilities, and expectations.
Notification	Provide formal written notice to the occupants, outlining the agreed-upon move-out dates and any specific terms or conditions related to their departure.
Respectful approach	Approach the occupants with respect and empathy. Understand that moving can be a significant change, and their cooperation can be more forthcoming if they feel their concerns are acknowledged.
Document agreements	Document all agreements made with the occupants in writing. This can include signed letters or agreements that detail move-out dates, property condition expectations, and any security deposit arrangements.
Assistance with relocation	Offer assistance or resources to help the occupants with their relocation process. This could include helping them find alternative housing or providing information about local resources.
Security deposit	If applicable, discuss the return of their security deposit or any other financial arrangements related to their departure. Ensure that these details are clearly documented.
Timely inspections	Schedule property inspections as needed to assess its condition before the occupants' departure and after they have vacated. This helps ensure that the property will be in the agreed-upon condition for the new owners.
Legal considerations	Be aware of local laws and regulations that govern tenant rights and eviction procedures, if applicable. Ensure that the eviction, if necessary, is carried out in compliance with legal requirements.
Professional mediation	If conflicts arise that cannot be resolved through communication, consider involving a professional mediator or legal counsel to facilitate a resolution.
Final walk-through	Conduct a final walk-through of the property with the occupants to address any last-minute concerns and confirm its condition.
Completion and handover	Once the occupants have vacated the property and any necessary repairs or preparations have been made, proceed with the completion of the sale and the handover of the property to the new owners.

By following these steps and maintaining clear and respectful communication with the occupants, you can help ensure a smooth transition of ownership and minimise potential complications during the property sale process.