Tenant with new owner

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    Tenant with new owner

    Hi all,

    I moved into a flat on the 15th of April, signed a 6 month tenancy agreement (assured shorthold) with Letting Agent "A". I was at the time aware the property was up for sale as well.

    Roughly two months on I receive an email on 13th June from Letting Agent "B" saying that a new owner had bought the property and LA "B" would now be the managing agents for the property. Also to come into the office and sign a new tenancy agreement and cancel my rent payment to LA "A" for June (due in 2 days) and pay them instead.

    I went to "A" and had them confirm that this was the case for upcoming rent and they confirmed.

    From my understanding I did not need to sign a new tenancy agreement as that was "bought and sold" with the property. I went to "B" and picked up the new tenancy agreement to read through it. It was very different. New 6 month contract from the 10th of June, no pets (already have fish as was allowed on original agreement), compulsory professional cleaning and carpet cleaning on departure (original just stated it needed to be cleaned to initial standard), replacing stove air extractors, "check out fee of approximately" £68.40 (the word approximately in a legal contract baffles me) and so on.

    I went back to "B" and informed them I would not be signing this new agreement as it was not required and was vastly different to the terms I had signed previously. They instructed me that with the sale of the property my original Tenancy Agreement is now void? And at this time was also told that my new rental period started on the 10th of June with them so I would need to get a refund of rent paid to "A" from the 10th to the 14th of June. I said this should have been sorted between the buyer and seller during the sale process and it has nothing to do with me as I am just a simple tenant paying my rent.

    They have also asked for me to sign paperwork to transfer my deposit to them. "A" used TDS and "B" wants to transfer it to DPS.

    Am I in the right here? Any other advice anyone has? I understand I will probably be kicked out after this 6 month period for standing up for myself but I don't mind. The tenancy agreement "B" gave me (left unsigned) has the new landlords name and "B"s address to serve notices and such so I believe they have covered S3 1985 and S48 1987

    Sorry for the long story, thanks in advance

    #2
    You don't have to sign a new tenancy agreement, you are quite right about that.
    The new landlord takes on the responsibility of the selling landlord.

    You are right about the rent, that's nothing to do with you and the buyer and seller should have sorted it out/should sort it out.
    You're actually in no position to claim a rebate, if the rent is payable in advance you're not entitled to any of it back anyway.

    You don't have to sign to transfer the deposit if you don't want to (something else that should have been sorted in the sale) but it's your money and you want the landlord/agent to be able to give it back as easily as possible.

    I suspect you are right about the notice after 6 months.
    Did landlord A give you the EPC, the government How to Rent booklet, any relevant gas safety certificate, protect the deposit and issue the Prescribed Information in time?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Thanks for your reply and information. Both Letting Agents have provided the EPC, how to rent, deposit information type things so thats all good.

      With the deposit, would there be a reason for me not to sign it over to the new agent? Would I be worse off or is it just a procedure?

      Comment


        #4
        my advice regarding the signing of the deposit money would be to do it. The deposit always causes trouble when buying property and there should be no problem having it transferred. If you don't it can give the LL stress, as some people want everything under their control and quite rightly so. It may take longer to sort out when the time comes to claim it back as well if you don't.

        Comment


          #5
          Thank you. I did feel that I should transfer it and couldnt think of a reason not to. Thanks for clarifying.

          Comment

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