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    • sacha28
    • By sacha28 28th Sep 17, 12:30 PM
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    sacha28
    Tenant's rights when property being sold
    • #1
    • 28th Sep 17, 12:30 PM
    Tenant's rights when property being sold 28th Sep 17 at 12:30 PM
    Yesterday a friend of mine found out, purely by accident, that the house she has lived in for 6 years is up for sale. By "accident" I mean her friend was scouring right move and stumbled across her house, there has been no notification from her LL, nor has she had any communication from her LL that they were even thinking of selling.

    Finding out this way has upset her however she is more upset at the fact the pictures on Rightmove are very recent, meaning an agent has entered her home without prior warning or permission. She wants the agent to take the pictures down as she feels, in her words, violated and she wasn't asked if it was ok. Is she within her rights to do this?
Page 2
    • hazyjo
    • By hazyjo 28th Sep 17, 5:36 PM
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    hazyjo
    Get your friend to ring the estate agent and book themselves a viewing for a time they're usually at work, see what happens
    Originally posted by Brighty
    Definitely. Was going to suggest it (although get another friend to do it and actually go along to the viewing).


    They need to get all their ducks lined up, then go in with guns blazing. Don't give them any way of wangling out of it saying nobody's had any viewings yet. Get the ammunition loaded first.


    Jx
    2017 wins: Opera tickets; film preview; lipstick; Ideal Home Show tickets + afternoon tea & bottle of Champagne; 2 cases of NKD; notebook; bath rack; books; film Premiere; Broadchurch DVDs; lipbalms; hamper (food/wine/Echo Dot/Jo Malone goodies); Avon lippies; cowhide rug; Windsor luxury break, foundation; Flybe flight
    • FBaby
    • By FBaby 28th Sep 17, 5:40 PM
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    FBaby
    This is shocking. She really needs to take this up with the agency/landlord and possibly threaten to sue them. Has she ever been in contact with the LL directly? When is the last time she's been in touch with the agency? Did they ever enter the property without permission during the 6 years?
    • G_M
    • By G_M 28th Sep 17, 6:13 PM
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    G_M
    Some useful suggestions in the tthread, but also some over-the-top reactions.

    However unprofessonally the LL/agent has acted, going 'all guns blazing', demanding xyz, and generally 'losing it' rarely improves things.

    Yes, stand up for yourself (OP or OP's friend as appropriate!). Learn your rights, find out more about what's happened, and take action to protect yourself.

    But I'd advocate doing so calmly. So yes,

    * change the lock
    * yes, investigate the viewings situation by getting someone to ring requesting a viewing
    * write a short polite letter to the LL at the proper address provided, asking about his plans for the property as you've seen the advertisement, and asking for an assurance that he'll contact you if he needs access - I'd say no more than that (though as above, I would change the lock)

    * is the selling estate agent the same or a different company to the letting agency? If different they will only have the landlord/seller's say-so on access. They may have been told, here's a key, take some photos then show buyers round. In which case that's what they'll do and they'll be totally innocent of any of this. Indeed, even if it's the same company, the sales dept may have assumed, or been told, that the LL has spoken to the tenants.

    So going off 'half-cocked' is probably premature, and certainly counter-productive.

    If the landlord gets too much flak from the tenant he's likely to end the tenancy earlier to simplify the sale, though as gingercordial said above, that depends if the tenancy is in a fixed term or periodic.
    Last edited by G_M; 28-09-2017 at 10:33 PM.
    • sacha28
    • By sacha28 28th Sep 17, 10:31 PM
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    sacha28
    This genuinely is a friend, I don't see it would benefit me or the forum posters to use a "friend" if it was my situation.

    She has pinpointed the pictures as being taken 4 weeks ago, due to a piece of coursework she had left on her coffee table. It was only in place for 2 days prior to submission (she isn't a college student, she's in her 30's).

    She has said that she's always been amenable, allowing the LL access as and when he needs it to read meters. It's a cottage, one of 2, that is situated on a holiday park...which is up for sale as a whole. The advert states that the cottages would make ideal owners accommodation, no mention of tenants, and strangely details the 2 cottages as one house with 6 bedrooms however it is 2 separate houses with 2 bedrooms each (although the discrepancy will become apparent upon viewing so a bit silly really).

    Thankfully my friend is far more measured than I am and, as yet, hasn't said anything as she wants to get her facts straight before speaking to the LL, she doesn't want to end up on the back foot!
    • G_M
    • By G_M 28th Sep 17, 10:39 PM
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    G_M
    Well that sounds like it will be of iterest only to an investor, albeit maybe one wishing to also live on his investment (the holiday Park).

    That being so, any buyer may very well be happy forr the current tenants tto remain (a steady source of income over and above the holiday park income).

    In any event, a buyer will not be getting a normal domestic mortgage (which would have required 'vacant possession ie eviction of the tenants). As it is a business for sale, a business mortgage will be needed.
    • sacha28
    • By sacha28 28th Sep 17, 10:47 PM
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    sacha28
    That's good to know G_M, thank you. I have very little knowledge of mortgages having never had, and very unlike to ever have, one. Do you think it's best for her to sit tight?
    • DELLBOY
    • By DELLBOY 29th Sep 17, 7:45 AM
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    DELLBOY
    when does your friends tennancy agreement end ?
    • sacha28
    • By sacha28 29th Sep 17, 8:59 AM
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    sacha28
    when does your friends tennancy agreement end ?
    Originally posted by DELLBOY
    The tenancy is now a rolling contract after the initial 6 months.
    • chappers
    • By chappers 29th Sep 17, 10:48 AM
    • 2,956 Posts
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    chappers
    This genuinely is a friend, I don't see it would benefit me or the forum posters to use a "friend" if it was my situation.

    She has pinpointed the pictures as being taken 4 weeks ago, due to a piece of coursework she had left on her coffee table. It was only in place for 2 days prior to submission (she isn't a college student, she's in her 30's).

    She has said that she's always been amenable, allowing the LL access as and when he needs it to read meters. It's a cottage, one of 2, that is situated on a holiday park...which is up for sale as a whole. The advert states that the cottages would make ideal owners accommodation, no mention of tenants, and strangely details the 2 cottages as one house with 6 bedrooms however it is 2 separate houses with 2 bedrooms each (although the discrepancy will become apparent upon viewing so a bit silly really).

    Thankfully my friend is far more measured than I am and, as yet, hasn't said anything as she wants to get her facts straight before speaking to the LL, she doesn't want to end up on the back foot!
    Originally posted by sacha28
    As said change the locks. To be honest if it is a whole holiday park that is up for sale potential purchasers won't worry on initial viewings that they can't get access, their main initial interest will be the park.
    I have been through this and been unable to view holiday lets etc when occupied.
    That brings up some other interesting questions;
    1) is your friend paying CT, if so who to.
    2) does the property have permission for permanent occupation or is it registered as a holiday let or even have seasonal occupation restrictions.

    At some point your friend will be given notice to quit, if she likes living there I would take a measured approach with the LL as these places can sometimes take years to sell.
    Some campsites/holiday parks that were on the market 4-5years ago when we started looking are still unsold, vendors often put these places on the market speculatively, overpriced, before they are actually really ready to sell.
    • DELLBOY
    • By DELLBOY 30th Sep 17, 5:52 PM
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    DELLBOY
    The tenancy is now a rolling contract after the initial 6 months.
    Originally posted by sacha28


    in which case it can be ended with a months notice i believe .
    • boliston
    • By boliston 30th Sep 17, 6:01 PM
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    boliston
    in which case it can be ended with a months notice i believe .
    Originally posted by DELLBOY
    2 months..
    • 00ec25
    • By 00ec25 30th Sep 17, 7:48 PM
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    00ec25
    in which case it can be ended with a months notice i believe .
    Originally posted by DELLBOY
    your "belief" is incorrect

    perhaps you should educate yourself by reading G_M's guides before you post?

    http://forums.moneysavingexpert.com/showthread.php?t=5180214
    Last edited by 00ec25; 02-10-2017 at 9:37 AM.
    • DELLBOY
    • By DELLBOY 4th Oct 17, 4:53 PM
    • 128 Posts
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    DELLBOY
    your "belief" is incorrect

    perhaps you should educate yourself by reading G_M's guides before you post?

    http://forums.moneysavingexpert.com/showthread.php?t=5180214
    Originally posted by 00ec25

    Two months then but surely this may be dependant on the type of let ie is it a full time home or possibly a holiday home with restricted timings ?
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