landlord selling house advice please ??

jelliebeanuk

hi,

we are 5 months into a year lease[a little over 7months left] [this is our second year] and have been told the landlord is selling the house [he hasnt got to sell he just wants to spend the money[his works exactly]]....
our lease states that if it passes to another landlord then our lease stays the same...but on the estate agents listing it states that it is currently being sold with sitting tenants or with vacant possession!!!!!!

It is bad enough that we are the ones that have to show them around the house [seriously not comfortable with them going through our stuff]....now it looks like he wants us out completely [though we have all that time left on the lease] without telling us...we have nowhere else to go at the moment..

any advice would be very much appreciated

The_Drama_Llama

You don't have to show them round...in fact, you don't even have to give the estate agent access to show people round.

If they want vacant possession then about the only option they have is to give you a large wad of cash to go away. Check there isn't a 6 month break clause in your contract though...but if there isn't, then the landlord can't evict you just cos he wants to sell up. Did you sign a form marked 'S21' when you signed the lease?

jelliebeanuk

The_Drama_Llama wrote: »

You don't have to show them round...in fact, you don't even have to give the estate agent access to show people round.

If they want vacant possession then about the only option they have is to give you a large wad of cash to go away. Check there isn't a 6 month break clause in your contract though...but if there isn't, then the landlord can't evict you just cos he wants to sell up. Did you sign a form marked 'S21' when you signed the lease?

we just get phone calls from the estate agent saying a time and a day for buyers to come around...

there isnt a 6 month break clause in the contract...not sure on the S21 form definitely did the first year, have to look up paper work for the second year...

mums a pensioner and she is worried we are gonna be on the streets...

BitterAndTwisted

Yep, treble-check your rental agreement for a break-clause (usually at six-months) and whether you have been served with a Section 21 Notice. Kindly note that any Section 21 will NOT be valid unless your damage deposit was lodged in one of the three schemes before it was issued.

You DO NOT have to agree to any viewings whatsoever if you don't want to. Landlords and their agents must give you at least 24 hours notice in writing requesting access but you have no obligation to comply. If it's not convenient you are entitled to suggest alternative days and times which suit you. Many agents are either ignorant for the need to request access or believe that they have the right in law. They do not but it might take some persuading from you to impress this on them.

Meanwhile, get saving for your onward move now.

jelliebeanuk

BitterAndTwisted wrote: »

Yep, treble-check your rental agreement for a break-clause (usually at six-months) adn whether you have been served with a Section 21 Notice. Kindly note that any Section 21 will be valid unless your damage deposit was lodged in one of the three schemes before hand.

You DO NOT have to agree to any viewings whatsoever if you don't want to. Landlords and their agents must give you at least 24 hours notice in writing requesting access but you have no obligation to comply. If it's not convenient you are entitled to suggest alternative days and times which suit you.

Meanwhile, get saving for your onward move now.

cant find the section 21 for the 2nd year...the deposit is in a deposit scheme so we know that it is safe.....also we have not had any written requests they always telephone...

it is the deposit that is one of the problems we have...we will need it to secure the next rental place before we can leave this one

Gwhiz

jelliebeanuk wrote: »

cant find the section 21 for the 2nd year...the deposit is in a deposit scheme so we know that it is safe.....also we have not had any written requests they always telephone...

it is the deposit that is one of the problems we have...we will need it to secure the next rental place before we can leave this one

You hold all the aces because you have 7 months left on your contract. Don't forget that!

jelliebeanuk

Gwhiz wrote: »

You hold all the aces because you have 7 months left on your contract. Don't forget that!

but the fact that they are offering it with a option of vacant possession is the worrying thing....

also we did not sign a section 21 for the 2nd year lease

BitterAndTwisted

You cannot expect to receive your damage deposit until after you vacate this property so you will not be able to use it to secure your onward move. Most landlords rightfully expect you to pay the deposit and rent in advance on the day you sign the new tenancy agreement. This is why you need to start saving up for your onward move immediately.

jelliebeanuk

BitterAndTwisted wrote: »

You cannot expect to receive your damage deposit until after you vacate this property so you will not be able to use it to secure your onward move. Most landlords rightfully expect you to pay the deposit and rent in advance on the day you sign the new tenancy agreement. This is why you need to start saving up for your onward move immediately.

does that still stand if the landlord ends the lease early ???

Gwhiz

jelliebeanuk wrote: »

but the fact that they are offering it with a option of vacant possession is the worrying thing....

also we did not sign a section 21 for the 2nd year lease

They can say what they like - it does not make it real though!

If they said "Sold with naked tenant" would you believe that?

jelliebeanuk

Gwhiz wrote: »

They can say what they like - it does not make it real though!

If they said "Sold with naked tenant" would you believe that?

thank-you thats the first time i have smiled since this whole thing started