PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Does change of landlord invalidate a SoD S21?

Been trawling all over the web trying to find an authoritative answer to this but no luck.

Am a couple months into a 6 month AST with a SoD S21 in place. I've no probs with that as afaik it only becomes an issue if the AST becomes a SPT.

Current LL is selling. Will this invalidate the S21? My thinking is that it's an intent to repossess by the prev LL not the new one so should therefore be invalid.

I'm only enquiring out of curiosity rather than with any devious plan in mind! lol

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Don't see why. Your tenancy remains valid when the landlord changes. All the obligations (repairs, gas safety etc) remain the same with a change of LL. Why should a S21 be any different?

    Assuming you are in Eng/Wales, the deposit is protected, and the S21 was issued after the start of the tenancy, then the S21 will be valid. The new owner/landlord inherits all the legal rights and obligations of the old LL.

    edit: of course this all assumes you are advised properly of the change of ownership.
  • Fluffs123
    Fluffs123 Posts: 116 Forumite
    Hmmm so declaration of the intention to repossess by one party remains valid even if it's another party now? Interesting.

    Well assuming that's true, am i right in thinking the only way to kill off the SoD is with a new fixed term AST?
  • Twinmummy_3
    Twinmummy_3 Posts: 115 Forumite
    The current LL may use the S21 to end the tenancy after the 6 month period so that the buyer can have vacant possesion on purchase as they may not want to be tenants and live there themselves.
    July Wins- Hardrock calling tickets, Clarins hand cream, so organic baby food, £10 ebay voucher, Lego minifigure , "The way I see it" book, Global Gathering tickets, Roary DVD, Johnson's face wash,Kids suncream


    Thanks to everyone who posts :beer:
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Twinmummy wrote: »
    The current LL may use the S21 to end the tenancy after the 6 month period so that the buyer can have vacant possesion on purchase as they may not want to be tenants and live there themselves.
    ....?????????
    No, not just the current LL. The point is the new LL can use the S21 too. The S21, like the tenancy itself, applies between 'tenant' and 'landlord'. the change of LL does not alter that. The S21 is as valid for the existing tenant/new LL as it was for the existing tenant/old LL.

    As for " so that the buyer can have vacant possesion on purchase as they may not want to be tenants", what on earth does that mean? The buyer is becoming a landlord, not a tenant!

    Plus my reading of the situation is that the change of owner/landlord is hapenning during the (6 month? 12 month?) tenancy, not at its expiry.
  • Fluffs123
    Fluffs123 Posts: 116 Forumite
    I think Twinmummy was warning me the buyer may want me to move out in order to live here themsleves. Thanks for that. But my understanding is the new owner wants the flat as a buy-to-let.

    Yes, the change will probably occur before the end of the current tenancy.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.4K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.4K Work, Benefits & Business
  • 599.7K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 258K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.