Property sold with tenacy in place

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    Property sold with tenacy in place

    Hi everyone

    I just wondered what position i am in if the property i rent is sold to a new landlord. We have an Assured Shorthold Tenancy (i think) and we have just completed 14 months. The original agreement was 12 months long and we pay rent monthly. We have a new managing agent and they have contacted us to 'discuss a renewal / new tenacy agreement.

    I would really appreciate anyone's thoughts on notice periods for either us or the landlord and how they can force a new tenacy agreement on use.

    We are good tenants, always pay our rent on time and satisfy the requests of the agent but we would like to retain maximum flexibility as we are looking to buy a house very soon. We know the landlord is looking to obtain planning permission to extend the property we rent although we have been told that any work will take place when we decided to leave the property, whenever that may be.

    #2
    As the fixed term of your AST* was 12 months, you now have a periodic tenancy; which means that you may give a notice to quit of 1 month; continuing with this periodic tenancy would be the best approach if you're looking to move soon.

    If you sign a new fixed term AST; you will be liable for rent for the fixed term (unless agreement is reached between landlord and tenant).

    The new landlord must also serve to you in writing:
    1. Letter of authority from old landlord,
    2. Notice under s.3 of LTA 1985; and
    3. Notice under s.48 of LTA 1987 - without which no rent is payable.


    * If Assured Shorthold Tenancy in England or Wales.
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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      #3
      Tom,

      Thanks for your response.

      Just 1 more question - the 3 items you refer to - are they a requirement as a result of the transfer between landlords or if they want to change the lease.

      Comment


        #4
        A new tenancy is not required as mentioned above (the old/new landlord's cannot "change the lease" without your agreement), as your tenancy will continue on a periodic basis; however, for a valid tenancy to exist with the new landlord, he must serve the 3 items in post #2.
        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

        Comment


          #5
          Tom,

          That's great - thanks for the clear response.

          Comment


            #6
            Originally posted by tom999 View Post
            (the old/new landlord's cannot "change the lease" without your agreement),
            No... but they can evict you without your agreement - subject to giving you two months' notice of course.

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