Landlord selling - advice please

jellybaby36

Our agent has contacted us to say that our landlord wants to sell. We initially took out a 6 month lease and then moved onto periodic tenancy once that expired. We have been in the property just over 7 months - we love it here and don't want to move especially as we've only just settled in! We currently rent through an estate agent rather than directly from the landlord.

Have a few points which I'd be interested in your views on:

• The landlord has offered us £250 if we are still here when the property sells - I know this is a goodwill gesture but wondering whether we should try and get more! Do we need this in writing?
• Are there any other conditions that we should ask them to agree to (notice for viewings etc)?
• Where would we stand if another landlord bought the property? Could we transfer the contract?

Any other things we need to consider/request let me know!

go_cat

Just to note most solicitors will insist on vacant possesion of the house before exchanging contracts

Are you in a position to offer on the house ?

jellybaby36

go_cat wrote: »

Just to note most solicitors will insist on vacant possesion of the house before exchanging contracts

Are you in a position to offer on the house ?

I'm not looking to buy right now as don't have enough deposit and before renting this place had my own house which sold and made a loss on due to break-up

DVardysShadow

jellybaby36 wrote: »

• Where would we stand if another landlord bought the property? Could we transfer the contract?

You need do nothing. The new Landlord would be bound by the contract you signed with the old Landlord.

G_M

jellybaby36 wrote: »

The landlord has offered us £250 to do what? move out? How quickly? if we are still here when the property sells - I know this is a goodwill gesture but wondering whether we should try and get more!it seems very little given the costs of moving Do we need this in writing? yes. Together with exactly when you'll get it and what for.

• Are there any other conditions that we should ask them to agree to (notice for viewings etc)?it is up to you to decide (and tell the LL in writing) what viewings you'll allow, how often, when, with how much notice, and whether they can be done in your absence
• Where would we stand if another landlord bought the property? Could we transfer the contract?if you are still in the property on the day the property is sold (Completed) the new owner becomes your landlord - your tenancy is unchanged.

Any other things we need to consider/request let me know!

just to protect yourself, check your deposit is protected in one of the schemes. Don't rely on the LL having told you it will be - check yourself

Werdnal

By law, even in a periodic tenancy, the LL must give you 2 months notice that he requires possession, and even after that 2 month expires, you still do not actually need to move out. After the notice ends, the LL applies to the court for possession - could take another 2 months on top, and even when a possession order is granted, you would still have another 2-4 weeks before bailiffs arrive to turf you onto the street. So legally, if LL offers you £250 (which I assume is a settlement to get you out quickly), you are in a good position to negotiate.

There is obviously a difference between £250 and being given say 6 weeks to find somewhere else, and £250 and being given a week to find somewhere else. If you accept the £250 to "surrender" the tenancy, you are jeopardising your right to formal notice and adequate time to find somewhere else to live, so think very carefully what you would accept to move quickly before you agree to any offer from the LL.

I would suggest that as a bear minimum, the LL should cover your admin fees/credit check costs for a new property, and contribute to your moving costs, however, it is up to you to negotiate. Tell LL you would have been happy to stay as long term tenants, so it is only their decision to sell that is "forcing" you to move, and therefore they should contribute to make it worth you while, otherwise you could legally sit tight and force them into court action to evict you.

Remind them that unless they sell to another investment/LL buyer, then no solicitor in the world would advise anyone to complete on the deal without vacant possession, so it is in his interest for you to be willing to move quickly!

That aside, you do not need to allow any viewings from prospective buyers, but in reality, you will probably need a reference from this LL for future LL. Therefore it is considered wise to agree to viewings, but you can stipulate the terms for this. Suggest perhaps 2 evenings every week and 1 weekend morning, which you would accept vieiwngs, but you would expect agent to confirm that someone is coming 24 hours in advance, and not just to turn up. Tell them (in writing) that you will accept viewings arranged for those time windows, but anyone turning up outside these times will be refused access. The property is your home, and you have a right to choose who comes in and when!

If another LL buys, they would inherit your existing contract terms and conditions. They cannot force you into signing another contract with them, and only thing that would change is who you pay rent to. Of course, as you are already on periodic tenancy, any new LL could then give you 2 months notice, and apply for possession as above, so you may in the long run, end up forced to move without any financial settlement anyway!

G_M

Werdnal wrote: »

Remind them that unless they sell to another investment/LL buyer, then no solicitor in the world would advise anyone to Exchange Contracts on the deal without vacant possession, so it is in his interest for you to be willing to move quickly!

I agree with everything Werdnal has said except the above amendment that most decent solicitors would insist on.

jjlandlord

It should be added that in this case, if LL goes to court for a possession order, T will probably have the LL's costs awarded against him.

Werdnal wrote: »

If you accept the £250 to "surrender" the tenancy, you are jeopardising your right to formal notice and adequate time to find somewhere else to live, so think very carefully what you would accept to move quickly before you agree to any offer from the LL.

It's not clear to me whether an agreement to surrender ends the tenancy, probably not. Even if the tenancy ends and the ex-tenant remains in occupation, the landlord would still have to seek a court order in court.
If a surrender is negotiated, obviously the agreement should include timescales, and other conditions.
The tenant should then surrender the tenancy only when all conditions have been fulfilled by the landlord.

On a sale like this, IMHO tenant should at least ask that all of his moving costs be covered.