Can a Landlord Put flat on market without informing tenant?

Littlemadam83

Hi guys,

Just went home for lunch and there is a for sale sign outside our groundfloor flat. I called up and they said it was a ground floor 2 bed (there is only one other in our group but further down), should they have told me? I have lived there about 5 years now, and never had any problems, even though they hinted last year if the husband doesnt get a job (was made redundant) they may have to sell.

Any advice greatly appreciated xxx

G_M

Of course he can. It's his flat!

However your rights remain the same whoever owns it. Unless the LL (or the new owner who becomes your new LL) gives the proper notice, he cannot evict you.

Equally, as a tenant you have the right to 'quiet enjoyment' which means you can refuse to allow viewings by prospective purchasers. If you do refuse, the LL might give you notice of course. So it might be best to ask the LL what is going on. Is he looking to sell to another landlord, or is he planning to sell to an owner-occupier? If the latter, he'll need to give vacant possession which means giving you notice to end the tenancy.

What contract do you have? Are you in a fixed term (ie 6 or 12 months) or has your tenancy gone periodic (month by month)?

Littlemadam83

Oh cripes, I dont mind them selling it! But to not just make you aware! Surely the estate agent would have been in already to value it without our consent?

My hubby has text her to see what she says and that if it is the case we would consider putting an offer in as we love it.

As for the contract, I have no idea whatsoever, we used to be on the 6 month one for a couple of years but she has stopped sending them. Should I change that? I have only ever shared before, so this is rather new, although been there years!

Owain_Moneysaver

Yes, but they can't put a for sale board up in your garden without your permission, and they certainly can't have agents or viewers entering the property without your permission, which you do not have to give.

Littlemadam83

Unfortunately that bit of grass frontage is communal

Am just praying that it is the other flat!

Thanks for the info on allowing people in, if they have they have broken the law then hey xxx

princeofpounds

If they do let other people in, there is actually nothing you can do except complain and change the locks, unless you have suffered loss or damage as a result (in which case you can sue).

Quiet enjoyment is a civil right but breaking it is not a criminal offence unless it is persistentn enough (and it would have to be really persistent) to amount to an attempt to force an illegal eviction.

Thankfully you can assert your right by changing locks.

Just so you are aware in case they do start to behave badly.

terryw

Littlemadam83 wrote: »

As for the contract, I have no idea whatsoever, we used to be on the 6 month one for a couple of years but she has stopped sending them. Should I change that?

If you would like six month's security of tenure rather than the two months that you have now it is worthwhile requesting your landlord to let you have another contract tenancy.

BitterAndTwisted

Littlemadam83 wrote: »

As for the contract, I have no idea whatsoever, we used to be on the 6 month one for a couple of years but she has stopped sending them. Should I change that? I have only ever shared before, so this is rather new, although been there years!

There's no absolute need for a fixed-term tenancy but it does give both you and the landlord the comfort of knowing that the tenancy can't be ended before the agreement expires. If your LL is selling up they are unlikely to want to agree to one now.

You have what is known as a periodic tenancy. This means you have to give at least one month's notice coinciding with the rent day and your landlord has to give you two months.

If any buyer needs a mortgage to buy the property their lender will not release any funds until and unless there is vacant possession, so if it's your rental that's on the market you could be faced with only two months to make other arrangements. That's if you're not successful in buying it yourselves

G_M

If any buyer needs a mortgage to buy the property their lender will not release any funds until and unless there is vacant possession,

Unless he is a LL and gets a BTL mortgage