Long term tenant rights with no lease

sebtomato

Hi,

I have been renting a flat for 9 years from the same landlord. Apart from the initial lease signed, I haven't signed anything for 7 or 8 years, so I guess there is no lease. The landlord wants to sell the flat now and gave me a 2 month notice to leave (while I was away before Christmas), so could someone please tell me my rights?

To be honest, I am confused: he told me he would prefer to sell the flat to an investor, and therefore it would make no changes to me, but he then gave me a notice to leave. Surely, an investor would prefer to have a tenant already in place.

The landlord notified me by a standard letter (not recorded), so is this sufficient for a notice? If he wants to organise visits of the flat, do I need to give permission first for each visit?

The flat had quite some damage in the last 9 years (paint falling from the ceilling, humidity patches etc), but this is normal wear and tear, and none of my doing, so how can I ensure I will get my deposit back (worth 1.25 month rent).

Thanks,
Seb

silvercar

Presuming that the contract you dsigned was a standard AST (assured shorthold tenancy), you contract becomes periodic once the initial term ends and you do not sign a new contract. That means that the landlord needs to give you two months notice, to end at the end of a rent period.

I would guess he is covering all bases, if he sells to a an owner occupier he will need to offer vacant possession. If he sells to an investor they can sign a new contract with you, if they want.

A standard letter is sufficient notice, though a landlord would be advised to retain proof so usually use signed for delivery. The landlord should give you notice of visits and you could cancel if not convienient.

As your deposit was paid before the introduction of the deposit protection scheme, you will need to go to court if you can't reach agreement with the landlord on the return of your deposit.

sebtomato

silvercar wrote: »

I would guess he is covering all bases, if he sells to a an owner occupier he will need to offer vacant possession. If he sells to an investor they can sign a new contract with you, if they want.

Thanks. I understand the point of having a vacant property for an owner occupier, but if it is more likely to be sold to an investor, he either has to find someone very quickly (the flat is not even advertised yet) and complete the transaction within the 2 months (very unlikely), or he will be likely to have no tenant, as I won't wait around until end of February to see if I am homeless or not!

silvercar

You would be obliged to pay the rent until the end of the notice period (unless you gave your legal obligation of one months notice, also to end at the end of a rent period). So the landlord will have rent coming in until the end of the notice period. It is often easier to sell property empty than with a tenant. Assume the landlord has calculated the costs of his decision to sell and start looking for your nect property would be my advice.