Past breaches by current Landlord after sales to another landlord in the future

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    Past breaches by current Landlord after sales to another landlord in the future

    Hi All,
    I became a reluctant landlord 2.5 years ago when I moved for a job.
    I was over the moon when we sold the property below market rate to an investor that wanted to keep the tenants in place but it has since turned into a legal nightmare.
    I am the current Landlord and my Solicitor included a clause that stated "After sale that I would no longer be responsible for breaches of tenants agreements after sale".
    Originally the buyers solicitor agreed. However after approximately one month, the buyers solicitor requested that the clause be removed.

    My Solicitor immediately disagree as on this grounds I could be left liable with even things that happen in the future and past that happens under the new land lord.
    Then the buyers Solicitor said the clause should be split into future and past, the buyer responsible for anything in the future and I responsible for anything in the past.

    At first sight this seems a good compromise until my solicitor start considering the implications:

    - Could the future Landlord use this clause to coach / collaborate / Cultivate / Coerce the tenants into taking action against me for one or both parties gain?

    - Could the future Landlord use the tenants to get repairs done from the past (on my watch) for a house that was sold as seen?

    Though the house is in a good state of repair, central heating has always been repaired promptly and essentials are all good, stuff like the kitchen is ageing, carpets are ageing normal age related visuals do apply and discount was given to the tenant when the agreement was signed for age related carpets.

    My solicitor and everyone I speak to advises that this is not right and walk away. Normally such transfer of tenants from one landlord to another landlord when selling a house would usually be "Stand in his shoes" / "Clean break.

    We have proved that the bond is in the correct place, the agent has written a letter advising that there are currently no disputes between the tenants and myself the current landlord.

    On one hand I know of nothing we have done wrong but on the other I don't know what I don't know and what the future may hold in relationship to the past and I am concerned how this could be used by a future landlord.


    Can anyone give me any advise and has anyone had a similar problem in the past and how was it fixed? What would you do?

    Any advise would be greatly appreciated.


    Cheer

    #2
    Originally posted by freshmom View Post
    My solicitor and everyone I speak to advises that this is not right and walk away.
    Doesn't that tell you all you need to know. Do as everyone else says, and walk away.

    Is your buyer a first time landlord or does he already own other rental properties?

    Comment


      #3
      I would not agree to this. I would say "take it as it is or leave it" and let them walk if they wish to. The idea, for you, I presume is that you want to wash your hands of this... this scenario seems to open you up to it coming back to bite you. Maybe that's a bit negative, but you don't sell a property only to be liable for something about it (Tenants) still. Although the clause does seem to be relating to any breaches of the tenancy agreement by the Tenants, if I read it correctly, and really has nothing overtly to do with repair / maintenance etc., is that correct?

      I just think it's quite odd, therefore I would probably not want to agree to it.

      I've never been in that situation myself - just to clarify - if someone else comes along and says it's some kind of well-known standard practice.

      Comment


        #4
        Hi,
        Thanks for your reply, The clause relates to me the Landlord breaching anything on the tenancy agreement not the tenants breaches.
        I have all kinds of scenario's going through my head. What happens in 25 years time when the electrics go, can he relate that to the past?

        Its just a legal nightmare to be honest and I am in the same opinion in that I should just walk away from this. That's the big concern that it could come back to bite me in the backside some time in the future and the new Landlord could be of benefit to cultivate that.


        Cheers
        Freshmon

        Comment


          #5
          Hi Mrs Mug,

          No the landlord has a lot of properties. He has an established solicitor he has been working with for many years and has purchased many properties from the agent who I use. Feels like the big fish about to eat the little fish. To a point it does but trying to make it salvageable,

          Thanks
          Freshmon

          Comment


            #6
            Walk away:

            Find another solicitor..

            If you are selling BMV (why would anyone, unless desperate to sell by some date..) why not ...either..
            a) Sell at market value.. with tenant... or
            b) Evict tenant, tart house up, sell with vacant possession...
            - instead...

            Big fish with a big solicitor who both do such deals all the time through this chummy agent friend of theirs sounds like a minefield.. I'd not touch it...

            And find a new agent!

            Best wishes, it will get sorted... don't let the b*gg*rs get you down...
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Agreed. Take control back. You appear to be on the receiving end right now. Offer them the original deal with the clause in or tell them they can walk. It will feel very empowering to not be bullied into something you are concerned about. Of course, no-one here knows how desperate you are to sell... to anyone... with any clause.

              Comment


                #8
                H
                i
                As so often in my life I find if I try to do something that helps someone else i.e. keep a roof over the tenants heads, it always back fires and bites me.
                In reality I am not desperate to sell. I will still be able to cover the mortgage on the house I live in etc.
                I did want to avoid paying council tax and full mortgage on the property I live but if needs must needs must and I can afford it. I really did want to keep the tenant in that house because it is close to her family and she said last time we saw her that she would like to stay there forever. But now I feel suspicious of her that she has said something to the buyer that makes him worried. Its an awful situation in which I am 105 miles away from. I see conspiracies all over the place.

                Comment

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