Landlord Selling

f1widow

Hi - without notice (well 30 minutes.....) we have found out that our landlord is selling the house we rent. Agents (selling Dept) have phoned and asked to come round and familarise themselves with property giving less than 24 hours notice .....(house has actually been advertised online for 2 weeks) boards went up at later date and then 30 minutes later received call from sales dept

a) Is he allowed to sell whilst we are tenants
b) what timescales does he have to adhere to
c) should he have let us have more notice that he was selling
d) They state they are trying to find an investment buyer so we can continue being tenants ?
e) I have stated to agents that there is property here that is ours & not inc in sale - stated oh dont worry with that we will deal with that nearer the time - does this sound right - should we get some sort of written agreement

There are two halves of agency selling & rental so I have to deal with both seperately
Any help much appreciated

PasturesNew

f1widow wrote: »

Hi - without notice (well 30 minutes.....) we have found out that our landlord is selling the house we rent. Agents (selling Dept) have phoned and asked to come round and familarise themselves with property giving less than 24 hours notice .....(house has actually been advertised online for 2 weeks) boards went up at later date and then 30 minutes later received call from sales dept

You don't have to let anybody come round and view it, you could stick to the 24 hour notice in writing, or, just agree 1-3 slots per week they could potentially book viewings into (to minimise your disruption).

f1widow wrote: »

a) Is he allowed to sell whilst we are tenants
b) what timescales does he have to adhere to
c) should he have let us have more notice that he was selling
d) They state they are trying to find an investment buyer so we can continue being tenants ?
e) I have stated to agents that there is property here that is ours & not inc in sale - stated oh dont worry with that we will deal with that nearer the time - does this sound right - should we get some sort of written agreement

There are two halves of agency selling & rental so I have to deal with both seperately
Any help much appreciated

a) Yes, he could sell to another landlord for example. Somebody buying it to live in it though wouldn't get a mortgage while you're still in there
b) Are you on an AST? What start/end dates? He can't get you out until the end of one of these - and he has to give you written notice (proper Section 21 paperwork) TWO whole months starting from a rent date. If you're on a 6 month AST, the earliest he could do that would be month 4 to get you out at the end of the 6 months
c) Well, he should, especially as it'll cost you probably the best part of £1000 to move out with credit checks, double-up/overlap on rents and a van etc. But he hasn't. But you don't have to allow anybody in to view if you want to be an 4rse about it.
d) If he sells to an investment buyer then yes, you could continue to be tenants. New bloke might want to put the rent up though as he'll presumably be paying more for it than your existing landlord and so will expect the rent to cover the mortgage etc.
e) When you leave, you take your stuff with you. It's tough if anybody thinks it's part of the sale. Your stuff won't be in the inventory so they could never prove it was the landlords.

He probably won't find anybody interested in buying it though, especially as you're in it. There are tons of empty properties already.

franklee

Check to see if you've been served notice, you are looking for a Section 21 notice requiring possession. Some landlords serve these as routine shortly after the tenancy starts, other (better) landlords serve them when they decide they want the tenant to go.

Also see what the tenancy agreement says about viewings, e.g. mine says only in the last month with notice etc. Certainly I'd not allow viewings earlier than the last month it's too disruptive, after all you are paying rent to live there.

Don't assume the selling agent knows about the need to give you notice to view, I'd be telling them about it to be sure.

It's up to you if you allow viewings when you aren't present, certainly I would not.

As a tenant you have the right to control who comes in and when (except in a genuine emergency like the house is on fire), google "quiet enjoyment" to find out more. This means you can refuse viewings if you want to.

Unless the selling agent convinces you he/she will stick to the arrangements you agree to I'd be changing the locks. All to often we hear here of agents just letting themselves in.

As for selling, yes the landlord can sell. If someone buys it while you are still there they will become your landlord. You would need to be told formally in writing of this change. The terms of your existing tenancy would still apply.

Don't forget if your tenancy agreement allows you can serve notice to leave if you find somewhere else. You can do this if you are in a fixed term and there is a break clause in the agreement that is available to use now OR if you are on a periodic tenancy.

Hopejack

What a shame you've not been given more considerate communication I am a landlord myself (was never really a cash/buy to let issue, we just rented our house out as we had to move with DH's work, we now want to sell it to buy our 'family/end of days' house).

We've given notice to our tenant (2 months as per contract) and I feel terrible about it but our circs mean we need to do this. We actually have decided (well I'm waivering lol) that while it puts us out a bit, not to ask for any appointments or viewings or anything while she is still in the property - I don't think it's fair to her tbh. She is paying to live there etc.

I am a little worried about what we'll actually find when we do get access (ours is rented through an agent) but I'm hoping it's not too bad! I'm itching to get in and have a look and see what needs doing to prepare it for sale. I thought the BTL market was fairly dead? Was always told it was a no-no to try and sell with tenants in tbh..... That's why we gave notice - that way it's much cleaner all round - although we do lose the rental income while it stands empty waiting for a buyer :eek:

princeofpounds

a) Is he allowed to sell whilst we are tenants

yes.

b) what timescales does he have to adhere to

He can get you out at the end of the fixed term of your tenancy, or with two months notice to coincide with rental periods if you are in a statutory periodic tenancy, assuming he issues a proper Section 21 notice and has protected your deposit. There can be a further delay of a couple of months if you refuse to leave and he needs to get a court order and then court bailiffs

c) should he have let us have more notice that he was selling

Ethically yes, legally no.

d) They state they are trying to find an investment buyer so we can continue being tenants ?

They state this because you are there as tenants already so by definition it cannot be someone who is looking to occupy right away. Your continuation as tenants will be at the discretion of the new landlord, although they will inherit your current tenancy contract and must adhere to that.

e) I have stated to agents that there is property here that is ours & not inc in sale - stated oh dont worry with that we will deal with that nearer the time - does this sound right - should we get some sort of written agreement

It's right - there will eventually be a particulars of sale which would state what was included and what wasn't. Your stuff simply should not be on there. If it is, the new LL should sue the old one for lying, not recovering the stuff from you. Make sure you have a proper signed inventory of what belonged to the LL in the first place, this is all that matters from your perspective as it will demonstrate what was the landlords (and by omission, what is yours).

As for the more general issues - communication here is rubbish. You should contact your LL and ask why you were not informed earlier. It might be that you LL is forced to sell as he is in a precarious financial situation. If this is the case then frankly you might as well cooperate as if he can't pay the mortgage the bank will repossess and you will have even less rights than with a new landlord (the bank may not be held to your tenancy agreement if your LL did not have permission to let).

If it is not a matter of necessity, then there is a more strategic game to play. You do not have to let anyone into your home, no matter what it says in your contract (as contracts cannot override statute). So you can ask for compensation for the disruption and negotiate a discount. The LL might get annoyed by this however and just wait until he can legally end the tenancy.

Or you can just cooperate full stop and take your chances with a new buyer - it may not sell for a long time.

Best approach is probably to play it assertively but fairly. Make it clear you think that it was shabby practice to have the EA spring it on you at such short notice, make it clear that agents will only be allowed in the property at time convenient to you and arranged in advance, and ask the landlord what the benefit to you is of having lots of strangers troop through your dwelling.