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    • WJ61
    • By WJ61 2nd Jul 17, 10:43 AM
    • 2Posts
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    WJ61
    Landlord selling flat I rent
    • #1
    • 2nd Jul 17, 10:43 AM
    Landlord selling flat I rent 2nd Jul 17 at 10:43 AM
    Hi
    I am looking for some advice as i am getting conflicted information from my landlord and the estate agents.
    I have rented this property since July 2012 on a AST. The landlord has decided to sell but has stated i can stay here until its sold and that if i do he will give me 2 months rent when property is sold, that was the first email. Then the second email he said there is conditions with this that i must cooperate with the sale and allow potential buyers to view. Flat is leasehold and only has 44years on the lease. One has already viewed yesterday.
    the advice i need is the following.
    Is there a difference in the sayings sitting tenant or tenant in situ. It has been advertised as tenant in situ.
    What happens if its sold and the buyer wants to move in? I am being told that if its sold the new buyer automatically becomes my new landlord?

    I am very confused by all this and need some advice.This has been my home and i am at a loss to what my rights are and if i am a sitting tenant or tenant in situ (if there's a difference)

    Any advice would be appreciated .

    Thanks in advance
Page 1
    • Pixie5740
    • By Pixie5740 2nd Jul 17, 10:57 AM
    • 11,010 Posts
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    Pixie5740
    • #2
    • 2nd Jul 17, 10:57 AM
    • #2
    • 2nd Jul 17, 10:57 AM
    "Sitting tenant" usually means a tenant who has some kind of regulated tenancy rather than an AST. Whilst "tenant in-situ" means there is a tenant currently living in the property.

    You are correct that if someone buys the property and you are still living in there at completion the new owner will become your landlord and your tenancy will just continue. However, if someone is buying the property to live in it is likely they will want vacant possession on completion meaning you will have to be evicted. Some investment buyers may also want vacant possession so that they are free to choose their own tenant(s).

    With an AST it is fairly straightforward to evict you if you have a periodic tenancy providing the landlord can get the paperwork in order.

    See G_M's Guide to Ending/Renewing an AST for more information.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • pmlindyloo
    • By pmlindyloo 2nd Jul 17, 11:14 AM
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    pmlindyloo
    • #3
    • 2nd Jul 17, 11:14 AM
    • #3
    • 2nd Jul 17, 11:14 AM
    Sitting tenants usually have a regulated tenancy which began before 1989. They have more rights than a tenant on an assured shorthold tenancy (which you have)

    Having said that many people do not know the difference and use the term sitting tenant to mean the same as a tenant in situ.

    It sounds to me as if your landlord is hedging his bets with you. If the new buyer wants the property as a buy to let then you could stay on or, as already said, the new owner may want their own tenant. Or your present LL could evict you. (I am presuming you are on a periodic tenancy?)

    You cannot do much at the moment if you want to stay. You will have to wait until it is sold and then find out whether you can stay or not. Keep the email about giving you two months' rent if it is sold but you may want to check if this means if it is sold (full stop) or only if you are asked to leave.

    Personally with such a short lease I would be surprised if this sold quickly.

    You could, of course find another rental property and give in your notice.

    If it were me I would certainly be looking for another property because this sale looks like it could be a long one and I wouldn't want the inconvenience of viewings and/or the eviction process or a new landlord. (You can tell I like to be in control and avoid stress!)

    Up to you - no guarantees either way.
    • WJ61
    • By WJ61 2nd Jul 17, 11:24 AM
    • 2 Posts
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    WJ61
    • #4
    • 2nd Jul 17, 11:24 AM
    • #4
    • 2nd Jul 17, 11:24 AM
    It is a periodic tenancy now. He did try to sell it before i moved in but because of the lease it didn't sell.

    I still have that email I think he offered me the 2 months rent until its sold so i could continue to pay his mortgage on the flat as i don't think it will sell quickly.

    Thanks so much for the advice i am much clearer now .

    oh meant i say .. if i give notice he says its 2months it does not say that in my tenancy agreement and i thought if it was a periodic tenancy i only need to give one month ?

    • Pixie5740
    • By Pixie5740 2nd Jul 17, 11:30 AM
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    Pixie5740
    • #5
    • 2nd Jul 17, 11:30 AM
    • #5
    • 2nd Jul 17, 11:30 AM
    If you have a statutory periodic tenancy and you pay your rent monthly then you are required to give one rental period of notice. It's all explained in the link I gave you.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • G_M
    • By G_M 2nd Jul 17, 1:55 PM
    • 41,478 Posts
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    G_M
    • #6
    • 2nd Jul 17, 1:55 PM
    • #6
    • 2nd Jul 17, 1:55 PM
    Whateer promises he makes regarding compensation etc, get it confirmed properly in writing (ie a letter), with all the conditions clearly laid out.

    Personally, I would turn down an offer of payment at the end of the tenancy which (being pessimistic) might be witheld and turn into an extended arguement after you've left and when you just want to get on with your life.

    Negotiate. eg ask for the rent to be completely waived during any month in which there are viewings, surveys etc. Obviously this is outragous and the LL will refuse.

    But half-rent as compensation for the interruptions to your home life is a reasonable compromise. That way you get some benefit out of the interference and uncertainty whether the property sells or not, and you get it during the tenancy, not after.

    I would also specify how many viewings you'll accept, how often, and maybe when, just in case they become excessive.
    • Geoff1963
    • By Geoff1963 2nd Jul 17, 2:36 PM
    • 1,057 Posts
    • 669 Thanks
    Geoff1963
    • #7
    • 2nd Jul 17, 2:36 PM
    • #7
    • 2nd Jul 17, 2:36 PM
    Can you discover from each of the viewers, what their plans are ? If they say, "Granny / little Imogen is gong to love this place" or "I should easily be able to rent this out" ; then you''ll have an idea. Are most of the flats in your block leased, or owned ? That might give you an idea of what sort of person will be looking to buy it.
    Maybe someone else who renting in the block is looking to move out soon, so you could move in.

    Definite good advice about looking for somewhere to move. It's probably a good idea to have a de-clutter of junk ; which helps whether you move or not.
    • jvaughan1709
    • By jvaughan1709 13th Jul 17, 8:30 PM
    • 1 Posts
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    jvaughan1709
    • #8
    • 13th Jul 17, 8:30 PM
    • #8
    • 13th Jul 17, 8:30 PM
    Hi sorry to post here I'm not 110% on how to create a post. Our estate agent has just told us our landlord is sell the house we live in and as hour tenancy is up on August 26th so they don't need to service us notice they just won't renew the tenancy. Is that right?
    • gycraig
    • By gycraig 13th Jul 17, 8:37 PM
    • 391 Posts
    • 276 Thanks
    gycraig
    • #9
    • 13th Jul 17, 8:37 PM
    • #9
    • 13th Jul 17, 8:37 PM
    He's trying to bribe you to leave which is fair enough of just take it and move rather than go through the hassle.
    • G_M
    • By G_M 13th Jul 17, 8:39 PM
    • 41,478 Posts
    • 47,870 Thanks
    G_M
    Hi sorry to post here I'm not 110% on how to create a post. Our estate agent has just told us our landlord is sell the house we live in and as hour tenancy is up on August 26th so they don't need to service us notice they just won't renew the tenancy. Is that right?
    Originally posted by jvaughan1709
    No one can be 110% on anything. It's impossible.

    No - if your landlord wants you to leave when the tenancy 'is up', he has to serve you a S21 Notice 2 months in advance. And even then you don't have to leave.

    See the link in post 2 above.
    • AdrianC
    • By AdrianC 13th Jul 17, 8:45 PM
    • 15,292 Posts
    • 13,632 Thanks
    AdrianC
    Is there a difference in the sayings sitting tenant or tenant in situ. It has been advertised as tenant in situ.
    Originally posted by WJ61
    Don't get hung up on the words in the ad. They're irrelevant - they're just telling potential buyers that you live there, and there won't be vacant possession on completion. What's important is what your actual tenancy says.

    What happens if its sold and the buyer wants to move in? I am being told that if its sold the new buyer automatically becomes my new landlord?
    Yes, he does. Your tenancy continues unchanged, apart from the identity of the landlord. The new landlord would have to give you notice in the same way as your existing one.
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