need urgent advice - private renting

zoelouise88

Hi i am in need of a bit of advice im renting a priate property - well the contract actually starts on monday but yesterday after i had signed the contract and given the landlord the bond she told me that someone is viewing on saturday as they want to buy it. I am now not sure what i should do can i cancel the contract as she obviously held this back from me until i had signed the tenancy agreement. I am a bit stuck as i dont have a clue when it comes to stuff like this if the bloke viewing tomorow buys it what happens to my contract.
Any advice would be greatly appreciated.

mchale

If both parties have signed the tenancy agreement, you have security of tenure for the period it commences until it expires, providing the are no early release clauses.

chewmylegoff

zoelouise88 wrote: »

Hi i am in need of a bit of advice im renting a priate property - well the contract actually starts on monday but yesterday after i had signed the contract and given the landlord the bond she told me that someone is viewing on saturday as they want to buy it. I am now not sure what i should do can i cancel the contract as she obviously held this back from me until i had signed the tenancy agreement. I am a bit stuck as i dont have a clue when it comes to stuff like this if the bloke viewing tomorow buys it what happens to my contract.
Any advice would be greatly appreciated.

it's not clear whether she's selling the house with a sitting tenant so that the new landlord gets the income, or whether she is selling with vacant possession.

if it's the latter then do not try to cancel the contract - she will be only too happy to oblige. ask her for a financial settlement to compensate you for your inconvenience and refuse to agree to terminate the tenancy until she does so.

alternatively you could just insist on your right to occupy the property, and the sale would probably end up falling through. but then you would have to live in a house with a landlord that hates you, which probably ain't a good idea.

N79

Important Q

You say you have paid a bond. Have you paid any rent yet?

zoelouise88

N79 wrote: »

Important Q

You say you have paid a bond. Have you paid any rent yet?

not yet as the we are due to move in monday (got the keys last night) and will pay the rent monthly but we have paid the bond.

zoelouise88

mchale wrote: »

If both parties have signed the tenancy agreement, you have security of tenure for the period it commences until it expires, providing the are no early release clauses.

would the tennacy agreement still stand even if she sells? as the new owner would become my landlord - also i think the buyer wants it to live in the landlord now has also not told him that she has tenants moving in.

scrummy_mummy_2

If she and you have signed the Tenancy Agreement, it is a legal Deed and cannot be revoked unless BOTH parties mutually agree the 'get out' Terms...she cannot just change her mind and sell the property effectively 'bouncing' you (well she can, but you can take her to the small claims court court and sue her for breach of contract, damages etc!)

I'd call her to 'clarify' where your deposit will be held (in which scheme) and just ask her to clarify for you her 'ownership intentions.
It may be that she is indeed selling with tenants in place to an investor LL and your contract (if written properly) should contain a clause that stipulates that this can happen...I doubt she has such a contract though. More likely one she has bought for a few quid from WHSmiths or downloaded for free.

Once your tenancy agreement commences, you can LEGALLY refuse to let any ppotential viewers in also, even so, you must be given at least 24 hours written notice if you LL requires access for any reason....but you can refuse under the terms of your right to quiet enjoyment of the property during your Tenancy....depends how stroppy you want to get but she sounds a bit of a
nightmare!

If she has to sell....it is questionable how long you could hang on in there further than the first 6 months of aa initial AST anyway.....

I'd ask for my deposit back and find somehwhere else if you can....this sounds like a waking nightmare waiting to unfold.

zoelouise88

scrummy_mummy wrote: »

If she and you have signed the Tenancy Agreement, it is a legal Deed and cannot be revoked unless BOTH parties mutually agree the 'get out' Terms...she cannot just change her mind and sell the property effectively 'bouncing' you (well she can, but you can take her to the small claims court court and sue her for breach of contract, damages etc!)

I'd call her to 'clarify' where your deposit will be held (in which scheme) and just ask her to clarify for you her 'ownership intentions.
It may be that she is indeed selling with tenants in place to an investor LL and your contract (if written properly) should contain a clause that stipulates that this can happen...I doubt she has such a contract though. More likely one she has bought for a few quid from WHSmiths or downloaded for free.

Once your tenancy agreement commences, you can LEGALLY refuse to let any ppotential viewers in also, even so, you must be given at least 24 hours written notice if you LL requires access for any reason....but you can refuse under the terms of your right to quiet enjoyment of the property during your Tenancy....depends how stroppy you want to get but she sounds a bit of a
nightmare!

If she has to sell....it is questionable how long you could hang on in there further than the first 6 months of aa initial AST anyway.....

I'd ask for my deposit back and find somehwhere else if you can....this sounds like a waking nightmare waiting to unfold.

the problem is i have given up my old property and have to be out by monday so unless i can find a property to move into by then i am basically stuck. I am on benefits at the moment and not many private landlords will accept dss. if it was just me i would say stuff her and stay on someones sofa but i have my son with me and none of my friends or family have enough space for us both.

zoelouise88

just bumpin up

LittleMissAspie

How long is the tenancy agreement for? If it's a fixed 6 or 12 months then she can't evict you before the time is up (nor can any new owner). So you should be safe enough to stay there while looking for somewhere else for the end of the fixed term. If she get repossesed during that time, you might get evicted though.

If it's a periodic tenancy that just rolls from month to month, then you would only get one month's notice.