Landlord selling property before end of fixed etrm contract can tenant refuse viewing

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  • Landlord selling property before end of fixed etrm contract can tenant refuse viewing

    Hi,

    Can a landlord sell a property in the middle of a fixed term contract and can the tenant refuse to let in estate agents and viewings?

    Thanks

    Cookie29

  • #2
    Originally posted by cookie29 View Post
    Hi,

    Can a landlord sell a property in the middle of a fixed term contract
    Yes
    and can the tenant refuse to let in estate agents and viewings?
    Also yes.

    When this happens, the new owner becomes your landlord under the same terms as the original AST.

    If the LL is selling because he can't afford the mortgage, you might be better finding a compromise that allows him to sell whilst protecting your privacy and peace & quiet.

    If he can't afford the mortgage and you prevent him selling, the mortgage company could re-possess the property and they will almost certainly evict under section 8, ground 2 of the 1988 Housing Act.

    If you co-operate in a sale, there is a chance that the new landlord might want you to stay in situ for as long as you want.

    Comment


    • #3
      Originally posted by Snorkerz View Post
      When this happens, the new owner becomes your landlord under the same terms as the original AST.
      But only if new L serves on T:
      a. old L's Letter of Authority;
      b. Notice under s.3 of LTA 1985; and
      c. Notice under s.48 of LTA 1987.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        Originally posted by jeffrey View Post
        But only if new L serves on T:
        a. old L's Letter of Authority;
        b. Notice under s.3 of LTA 1985; and
        c. Notice under s.48 of LTA 1987.
        Jeffrey, as usual is quite right. However, these are obligations on the new landlord and do not take away your rights.

        For example, if new LL does not comply with (c) it means you do not have to hand over rent to the new landlord until he gives you his address in England/Wales for service of legal documents. It doesn't mean the rent doesn't accrue, just you don't have to hand it over until he complies!

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