What rights do we have??? :(

Spuddle

Hi there!

I'll explain as best as i can..

My OH and i have lived at our rented property for a year as of 1st march. We get on great with the LL - they live onsite, so see them reguarly. The daughter events horses, there are lots of equestrian facilities here [i have horses also here]

They bought the property and renewed the buildings many years ago. It was valued at 1.3m recently, but is up for sale for 300k more. This is basically so it isnt bought easily, its to find what interest for the property and if anyone was willing to pay 1.6 then fair enough.

Someone is coming to look tomorrow, and i am terrified we will have to leave.
The LL's have said that we would be passed on as sitting tennants if they did sell [they have been doing work all day today so doesnt seem like they think the place will sell?]

Im probably not painting them in the best light here, but they are amazing people, i will say that!

Anywho, i am so scared that the new owners [whoever they will be] if the place sells, will be like "right, you have 2 months to leave!"
OR...
They will have to accept we are staying here, and will end up bumping the rent right up so we cant afford it, or take the stables away from us if they intend to use it for the full potential of the equestrian side.

What rights would we have if they did this?
We want to stay here as long as possible, as this is the best home we have ever had, and i have been able to get my depression under control because i am happy here after spending two miserable years after moving to a town.

We had a 6 month contract that wasnt renewed, so now we are under no contract, does this mean we have no rights at all? should we get another?
If the new owners let us stay with no deadline, didnt take anything from us and kept the price the same, we really wouldnt mind!

It all might not happen, but i fear the worst all the time, and i honestly dont want to lose this place.

Please help?

PasturesNew

You have the right to two full months' notice ... but that's about it.

The new owner will want to recoup their investment/cost in the form of rent. The existing owner will have bought it cheaper so won't owe so much (most likely).

On the other hand, it might never actually sell and the current owner might just decide to take it off the market.

Can't you buy it?

Spuddle

Sadly no, my OH is BR until october and doesnt work enough to be able to afford a house the size of the one we are in. If we could we would jump at the chance.

PasturesNew

It sounds from your original posting that they don't really want to sell it unless they can make a killing on it ... and this is no market to make a killing... so it's likely to just sit around unsold until they take it off the market.

Spuddle

Thankyou for that, i hope with everything crossed you're right!

franklee

If your fixed term ended and nothing was done then you are most likely on a statutory periodic tenancy. This means the tenancy continues with all the same terms as before except those to end the tenancy. If you pay rent monthly then you'd need to give one months notice that ends at the end of a period. The landlord would need to give two months ending at the end of a period by serving you a section 21 notice. During a periodic tenancy the rent can be raised with one months notice by serving a section 13 notice.

One point to look out for is if the S21 is already served, some landlords/agents do this as routine shortly after the start of the tenancy.

Is your landlord used to being a landlord? Only selling with tenants in-situ is unlikely to get the best price. If someone wants vacant possession they are unlikely to exchange contracts before the tenants have left, especially if they need a mortgage. Unless there is more than one house for sale in the lot in which case the new owner might want tenants in one and to live in the other?

Will you be present when the viewers come round as you can be if you wish as it is your home during the tenancy. If so you will likely get some ideas of how interested they are when you chat to them.

tbs624

This won't be what you want to read but.....

You may view your current LLs as "amazing" people, but the reality will be that they want to "have their cake and eat it" - they want to minimise the possibility of having a house that is neither sold nor rented out.

The term "sitting tenant" is more usually reserved for those Ts who are on a Rent Act Tenanacy, ie. who have greater security of tenure than does a T on an AST, particularly once that AST has become periodic.

Even if a potential buyer was able to purchase with you still in occupation they would be under no obligation to allow you to continue living there, once past the properly served standard 2 months notice afforded to stat periodic tenants under the Housing Acts.

If the property is being marketed this spring, the reality is that you & your husband need to be looking around now at all other options, rather than waiting until crunch time.

poppysarah

Spuddle wrote: »

Sadly no, my OH is BR until october and doesnt work enough

But ... [i have horses also here]


One of you has no money, the other enough for horses.
My observation on you saying you don't have enough money to buy a house.

You need to speak to shelter and hope they don't sell.

Spuddle

Poppysarah - i pay for my horses myself. My OH doesnt. He works, i dont.

If we have to leave, we will be renting another yard and house somewhere, as we are not going to have a council house/cheap rented house with no land.

The place is for sale simply because it is a huge plot, there are 4 houses here, and will be too much for them to manage one day. If someone was to offer 1.6m then they would take it, as it would be too much of a good offer, they wont take anything less despite it being up for more than the value.

The daughter doesnt think they will be moving for atleast 5 years, so hopefully we will know.

Oh and yes, they have been renting the properties here for 4 years

casper_g

If the house is worth £1.6m, how much is the rent? I'd have thought it's likely to exceed £25,000 a year, in which case you don't have a normal AST (Assured Shorthold Tenancy) and the situation will be different, governed by the actual terms of the tenancy you have signed.

peachyprice

casper_g wrote: »

If the house is worth £1.6m, how much is the rent? I'd have thought it's likely to exceed £25,000 a year, in which case you don't have a normal AST (Assured Shorthold Tenancy) and the situation will be different, governed by the actual terms of the tenancy you have signed.

The whole estate is worth £1.6, not the house OP is renting. There are 4 houses on the estate.