Landlord sold property - sitting tenant question?

flutterbyuk25

Hello

Posting on behalf of a friend.

She has been living in a rented house since nov 2009. Originally had 12 month AST, now on a rolling month tenancy. Her LL has had property up for sale since Dec 2010 and it has sold this week to another LL.

She has just had text from new LL saying that in order for him to take possession of the house it needs to be vacant for a week. So he is asking her to move out for a week and then upon moving back in she will need to sign a new 6 month AST.

Surely this can't be right?

Can anyone point us to somewhere for advice? I've looked on Shelter website but couldn't see anything.

She is in Wales.

Thanks in advance

x

charliemaine1bee

I don't know to be honest..but it sounds a bit iffy..is it furnished or unfurnished..think i'd be worried that in the week i was out that he would remove all my stuff..bit bizarre that but sure someone will be along who can advise properly x

Yorkie1

I can't see that it is right either. This will doubtless be so that he can take with 'vacant possession'. I suspect he therefore is obtaining a residential mortgage and not a BTL mortgage; if this is the case, he is therefore committing mortgage fraud and your friend won't have the full protection if he defaults on his repayments.

Does your friend want to stay in the property long-term or not?

She is under no obligation to do anything as a result of a text from her new LL. If he wants to end the tenancy he (or the current LL before completion) needs to give her 2 months' written notice under s.21, ending at the end of a rent period.

But how she chooses to respond may depend on her own plans.

silvercar

If the old landlord is selling with vacant possession then it is up to him to ensure that the property is vacant. If the old landlord is selling with a tenant subject to an AST in situ then that is what the new landlord has to accept. Until the point of sale there is no relationship between tenant and new landlord.

If the new landlord is saying he wants/ needs vacant possession then he should be demanding this from the vendor (the old landlord).

flutterbyuk25

charliemaine1bee wrote: »

..is it furnished or unfurnished..

It's furnished.

Yorkie1 wrote: »

I can't see that it is right either. This will doubtless be so that he can take with 'vacant possession'. I suspect he therefore is obtaining a residential mortgage and not a BTL mortgage; if this is the case, he is therefore committing mortgage fraud and your friend won't have the full protection if he defaults on his repayments.

Does your friend want to stay in the property long-term or not?

This was my suspicion (sp?) too. She does want to stay in it long term as she is settled there and it is convenient for her work etc. But she doesn't want to be messed around.

x

Werdnal

When a property changes hands and a new LL takes possession, the tenant's contract terms and condition remain unchanged. As part of the sale, these all transfer to the new LL and if they want tenant to leave, they must issue notice in the correct and legal manner.

If they ask the tenant to move out, they are effectively breaking the tenancy and that could be construed as illegal eviction. There is also no need for the tenant to sign any new agreement with the new LL, as everything remains the same.

Tell your friend not to move, as if she does, and the new LL asks her to sign a new agreement, she may find the tenancy terms have changes, and even the rent has been increased, and she will have no option but to sign it or become homeless.

flutterbyuk25

Thank you all for the useful replies so far, I'll pass those on. Do you have any links which confirm this?

x

G_M

SHE SHOULD NOT MOVE OUT!

If she does, she may be giving up her perfectly valid tenancy, and have no right to return.

Her tenancy simply continues, but with a new landlord. She can either continue on her existing periodic tenancy, at the same rent, or IF SHE WANTS, she can agree to sign a new Fixed Term. She does NOT need to move out to do this, nor can she be forced to sign if she prefers the flexibility of a periodic (rolling) tenancy.

Of course, if the new LL wants her to sign, and she refuses, he has the option of evicting her. To do this he has to issue 2 months Notice (S21), and THEN apply to a court for possession.

The new LL has a legal obligation to inform her in writing of his name/address. It is a criminal offence for him NOT to write to her. I would advise her not to pay 'this stranger' rent until he has done so. Text is not enough!See section 3 of the Landlord and Tenant Act 1985 here.

"3 Duty to inform tenant of assignment of landlord’s interest.
(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.
(2)If trustees consititute the new landlord, a collective description of the trustes as the trustees of the trust in question may be given as the name of the landlord, and where such a collective description is given—
(a)the address of the new landlord may be given as the address from which the affairs of the trust are conducted, and
(b).....
(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale."

DVardysShadow

Werdnal wrote: »

Tell your friend not to move, as if she does, and the new LL asks her to sign a new agreement, she may find the tenancy terms have changes, and even the rent has been increased, and she will have no option but to sign it or become homeless.

Absolutely agree with this.

My suspicion is that the new Landlord has bought this property tenanted with a sizeable discount for it being tenanted and he is trying to con OP's friend into moving out so he has the property available to sell with vacant possession.

Under no circumstances should the tenant move out, not for a week or even a day, because my bet is that she would not be able to reestablish her tenancy.

As others have said, the tenancy continues regardless of change of Landlord.

ruggedtoast

I once lived in a shared house which was sold on with us in situ. The new landlord moaned endlessly about us not paying enough rent but he was stuck with us on the old landlords ast until we all agreed a new contract.

He wanted us to stay though. I would advise your friend to start looking for a new place because I imagine a section 21 or a big rent increase isn't far away.

G_M

Having thought further....

Either the new landlord is unaware about landlord/tenant law and has no idea what he is doing, OR he is experienced and knows exactly what he is doing (but hopes his new tenant is ignorant)!

Either way - I would be suspicious and careful. Until she knows what he is like, and what he intends, I would advise her to change the locks. Very easy/cheap to do - just change the internal barrel for £5. See here. Keep the old barrel to replace when she leaves.

The landlord, whether new or old, has no right to come in against her wishes.