My landlord wants to sell; how is my tenancy affected?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • My landlord wants to sell; how is my tenancy affected?

    i hope you dont mind me posting on here as i am a tenant and not a landlord, i just thought you might all know the answers to my questions.

    our landlord is sellng our property and has put a for sale sign up outside of our house. he has not yet given us notice. i was wondering what our rights were with this as he did not even tell us he had put the for sale sign up.

    i have also read that we do not have to let people view the house until the last 28 days, does this mean that it shouldn't really be on the market and how can i tell the landlord that we do not have to let people into our house without causing an arguement.

    i know these are pretty weird questions but was just wondering if anyone could give us any advice?

  • #2
    Originally posted by lynseyperrett View Post
    Our landlord is sellng our property and has put a for sale sign up outside of our house. he has not yet given us notice. i was wondering what our rights were with this as he did not even tell us he had put the for sale sign up.
    Your tenancy is unaffected by the "for sale" sign. L could even complete sale without ending your tenancy; new L could purchase subject to it.
    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


    • #3
      and how can i tell the landlord that we do not have to let people into our house
      By telling him. But equally it may be in your interest to let them in.

      If you don't let them in he may evict you in order to be able to sell the place. If you are lucky another landlord may buy the place and keep you on.
      The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

      Comment


      • #4
        You are within your rights not to allow anyone inside your home if you do not want to. This is despite what it says in your tenancy agreement. You have the right to quiet enjoyment. This may cause a problem with relations between yourself and landlord. He may sell to someone who wants to keep you as tenants but on the otherhand he may sell to someone who wants it for their home, of which you will be served with a section 21 letter giving you two months notice to leave. If its not a problem letting people view your home then you can comply with the requests. However if you do mind the intrusion then you can refuse and its not unlawful.

        Comment


        • #5
          You can insist on 24 hours written notice of any intending prospective purchasers viewing but as has already been said you don't have to comply.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


          • #6
            Could you talk to your LL about what his intentions are? Also, how far into your ast are you and is it a 6mth ast?

            As has been said, if the LL is trying to sell with you in place as a tenant, it might be in your interest to let viewings take place. If he's intending to sell without you as a tenant, ie give you notice to quit as soon as he finds a buyer, then at least you'll know whether or not you need to look for somewhere else to live in the near future.

            You don't have to let people in to view, but if you take that tack then your LL will probably just evict you earlier rather than later and get access that way.

            I'd rather know what was going on.

            Comment


            • #7
              thanks for your answers.

              unfortunately we know that the landlord wants to just sell property and is not looking for someone else to buy to let. he has informed us he is giving us our notice asap.

              Comment


              • #8
                Make sure he gives you notice correctly. When you get something from him, come back on and check with us. The implication of him not giving correct notice could be that you don't have to move out, but that also depends on whether you want the pressure of a fight.

                Court is not fun, so if you know he wants you to leave then it might be wise to look around for what's on the market at the moment and see if you can come to an arrangement with your landlord for something that suits you both. It may be that he would like to have vacant possession, in which case you could possibly get something from him for vacating early, or even as compensation for you letting potential buyers view the place. Or maybe you find a place that you like and want him to let you off the rest of the rent for the period of the tenancy, which might suit him as well as you.

                There have been quite a few posts recently about landlords selling with tenants in place, have a browse and see if there's anything in other posts that might give you some relevant information.

                Comment

                Latest Activity

                Collapse

                • Tenant threatens legal action
                  Golip
                  Hi all

                  A former tenant of mine whom moved out without giving 4 weeks notice as per his contract is threatening legal action over a deposit which I did not protect in time and was returned to him in full once the admin error was realised (my farther usually deals with the paperwork)
                  ...
                  16-08-2017, 16:16 PM
                • Reply to Tenant threatens legal action
                  HantsAgent
                  Without wishing to sound rude, you don't sound at all competent to head this off without help.

                  I'd recommend you instruct a good solicitor specialising in property to deal with this on your behalf.
                  22-08-2017, 05:09 AM
                • evicting a tenant
                  ferrari-airwolf
                  Hello there, I have been renting my property for the last 2 and a half years and have been doing so with a 6 month AST contract. At the end of the current contract (which I renewed last weekend) I wish to take the property back, I stated this to my tenant before the tenant signed the current contract...
                  20-08-2017, 14:49 PM
                • Reply to evicting a tenant
                  mariner
                  Get a new GSC arranged. A valid GSC is a requirement during any Tenancy..
                  T does not have to vacate on expiry of Repo Notice, she could remain your T until legally evicted by Court Bailiffs after a further several weeks/months.
                  For ~£50 (tax deductible), is it worth the risk?
                  22-08-2017, 01:50 AM
                • Joint tenancy deposit responsibility
                  JT1980Lon
                  Hi Guys,

                  I was wondering if you could advise me on where I stand. I have a property which I have rented out for the last four years to a group and each time one person leaves then the original guys source a new person and just give the incoming deposit back to the outgoing person and I...
                  20-08-2017, 11:41 AM
                • Reply to Joint tenancy deposit responsibility
                  mariner
                  Sloppy LL'ing.

                  When did original Tenancy commence with original Ts?
                  Who, if anyone, still remains?
                  Did you nominate a T to do your job ie return ind deposits, check new Ts for Right to Rent, conduct nec checks on new T?
                  Give permission for him to sub-let?
                  How do...
                  22-08-2017, 01:10 AM
                • Reply to Joint tenancy deposit responsibility
                  JK0
                  Sounds like the guy who contacted you was your tenant's lodger, doesn't it? Therefore it's up to tenant whether to return deposit or not. (Sounds like room was left in a bad state.)
                  21-08-2017, 23:43 PM
                • Reply to evicting a tenant
                  ferrari-airwolf
                  Thanks for the confirmation, so would this be ok to send to the tenant?
                  https://www.gov.uk/government/upload...n_property.pdf

                  I am thinking of using this template as it seems to be the best one available. I will send that and a letter stating that I will let them end there tenancy...
                  21-08-2017, 22:41 PM
                • Reply to Tenant threatens legal action
                  Wright76
                  I suppose on a positive the fact you returned it BEFORE the tenancy ended is in your favour.

                  No win no fee solicitors like straight forward cases.

                  One of the first questions they ask are if there are any rent arrears or claims to damages. You may well ward them off with a ...
                  21-08-2017, 22:27 PM
                • Reply to Joint tenancy deposit responsibility
                  AndrewDod
                  The short summary is that the situation you have created is the proverbial dog's breakfast.

                  Who is your tenant? The fact that you cannot answer that question means that you are lining yourself up for massive problems.

                  You have two basic types of tenancies - where you have every...
                  21-08-2017, 22:22 PM
                Working...
                X