I think our rented flat is up for sale - advice please

silverchair

What happens if the landlord wants to break the contract/ or in other words are they allowed to, what would the penalties be?

Thank you agin for your replies.

The notice 21, will it say notice 21 on it?

silverchair

What sort of flat is it?
New build?
Town?[/quote]

Hi
The flats are not a new build, but look like a new renovation. I think the building used to be a small business/ offices.

50plusabit

Hi Silver
As others say, you have a 12 mth contract, so nothing can be done, unless another landlord buy is with you in situ, but your contract will not change. He will have to serve you a section 21 on your 10th month if he wants you out on the twelfth. If you signed one at the time you signed the tenancy you would be aware, as it is a separate document, that you would have to sign, it is also signed after the tenancy has been signed and a full explanation should have been given.
Again as said, you do not have to show anybody around, let the agent show anybody, or indeed have anybody in the property that you do not invite.
I feel that in this climate, the chance of the property being sold now are slim.

franklee

silverchair wrote: »

The letting agent is different. In fact its a completely different Estate Agent.

In that case make sure the selling agent knows that you are in occupation as a tenant and that they understand the need to give notice and get your agreement for viewings. Ask if they have keys. it may well be that they do viewings anyway claiming not to know the property has tenants in. Make sure they know! In fact I'd ask for the selling agent to hand the keys back as they now have no right of entry!

lonestar1

If it were me I would get a mate to arrange a viewing then the LL would have to ask you to allow a viewing then you can let rip at them

clutton_2

"" He will have to serve you a section 21 on your 10th month if he wants you out on the twelfth. If you signed one at the time you signed the tenancy you would be aware, as it is a separate document, that you would have to sign,""

a tenant does not have to sign to say that he has received a Section 21. a tenant does have to sign the tenancy agreement.

if your landlord is repossessed, then the contract between you and he comes second place to the contract between LL and lender - and you will be evicted. i would be asking the EA if this is a "repo" sale - or get a mate to be a "mystery shopper" to try to purchase it and try to find out that way if it is a repossession. if it is - i would make plans to move sooner rather than later.

deary65

Reading around the forums this seems to be an issue, and by all accounts, set to get worse, with some people being given two weeks to vacate.
So here is the legal standing for any one who finds themselves in a similar position. This is the leading case decided by the house of lords.


Bruton v. London and Quadrant Housing Trust ( house of lords)
my italics
This English Land Law case ([2000] 1 A.C. 406)[1]examined the rights of a 'tenant' in a situation where the 'Landlord', a charitable housing association had no authority to grant a tenancy, but in which the 'tenant' sought to enforce against the association under Landlord and Tenant Statute
Facts
The Association, a charitable organisation was granted a licence by a Local Authority (LA) in a London Borough to utilise empty housing stock due for redevelopment, for the short term accommodation of homeless people. Mr Bruton was granted a 'licence' to stay in the property. However, Mr Bruton sought to enforce against the Authority under the Landlord and Tenant Act 1985 S.11, with regard to what he viewed as the Landlord's responsibilities to repair and keep in good condition the property.
Judgement
It was held by the court, that in accordance with the decision in Street v Mountford, Mr Bruton had in fact obtained exclusive possession for a term in exchange for consideration, and that there was a tenancy agreement in place.

There was discussion relating to the LA, who would have been unable to grant a tenancy as it would have been acting Ultra Vires, and it was argued that the Association in turn could not in law provide a tenancy either. This issue was dealt with in subsequent cases in that the agreement was exclusively between the tenant and the Association, and the LA was not party to the contractual tenancy.
Although the court accepted that the LA could not permit the granting of a tenancy, they held nevertheless that the relationship between Bruton and the Association was on the facts, that of landlord and tenant.
It has been suggested by some commentators however, that Bruton was driven by policy as established in Street and Mountford, that individuals enjoying exclusive possession should be protected[3]. Others have commented that the decision has led to a large amount of housing stock, which might otherwise have been used for the temporary accommodation of the homeless and vulnerable, being left empty and unused.
However, the implication of the Bruton case "controversially confirms the existence in English Law of the phenomenon of the contractual or non-proprietary lease”

What their lordships are saying, that if a person can establish 'exclusive possession' then that holds good against the whole world including the mortgagee and successors in title and therefore should be protected by the statue under the crown's duty of fealty. In other words, the mortgagee cannot seek vacant possession from the landlord, but must seek possession from the tenant in accordance with the statue. This matters not what agreement the landlord has with third parties I.e. BTL mortgage or otherwise for that is a separate contract.

Premier_2

silverchair wrote: »

Hi

Ive posted a few times on this forum & know the advice you give is really helpful.
Anyway wa just writing about the positives on renting, when I did I quick search on how much house prices are in my area. Anyway I came across the flat we are currently living in up for sale. It doesnt say the flat number, but I recognise the decoration & furniture.

Should I phone the estate agent to find out what the number of the flat up for sale is? Im really stressed now. This is really cr*p, we were going to put up the flat pack this week, now we are off work.

Any advice?

Thank you

What difference does it make who owns the flat?

You have a tenancy agreement and as long as you keep to the terms of it you should be fine.

I'm sure any new owner who may purchase the flat will contact you if they have anything planned that affects you, but your rights as a tenant are not affected by any change of ownership.