landlord put the house we are living in for sale without even informing us!

Ruth_Moldano

Hello there, I hope there is someone who could give us some advise on this situation.

Our landlady put the house me and my family with young children live in for sale, and I knew it from the Internet. She didn't even bother to tell me first.
I then sent her our notice, so we have two months on front of us before leaving the house. With the children I don't want to move in the middle of the summer, so I immediatly looked for another property in the area. Now, I think I found one and it is free in few weeks time.
As I know this landlady is a difficult one and previous tenants told me that she made her best to hold their deposit without it being reasonable, I wonder, if I want to move out sooner than 2 months, what can I do?

Shall I leave her the 6 weeks deposit in lieu of the last month rent? If I do so, what kind of legal risks do I have? We didn't damage the property, actually except for normal wear and tear we are going to leave it in very good conditions.
Or would it be too risky legally?

I am not even sure she put our deposit in any scheme, because we never received any document nor information about it. We have been in the property for two years now.

Thank you very much in advance to anyone who could help.

Benji

Firstly, landlady had no obligation to tell you about selling the property as it does not affect your tenancy. If the property is sold, your tenancy remains valid, just with a new person as landlord.

However, if you want to leave, you have to give correct notice. If you are in a fixed term contract with a break clause, you can exercise that break clause and leave on expiry.

If you are in a fixed term contract without a break clause then you are liable for rent until the end of the fixed term, but you can then leave without notice.

If you are no longer in a fixed term, you must give a minimum of a months notice and that notice must expire on the last day of a tenancy period (frequently the day before rent-day).

If your deposit is not in a scheme and you continue to abide by the contract, you can not be legally evicted (by this landlord or the next) without the landlord first refunding the deposit to you and then giving you at least 2 months notice before applying to the court (which can easily take 3 months from application to bailiffs).

Yorkie1

LL may not have had to give notice about selling, but you can bet your bottom dollar she will probably have come into the property for the EA to a) value, b) take photos and c) measure up.

I had a LL once who did this to me immediately into the start of a new AST. My housemate, who had moved in 1 week earlier, came home from holiday to find a For Sale sign in the garden. The LL never gave us more than 2 hours' notice of viewings, came round unexpectedly to criticise dust on the skirting boards, and told us to live in the real world when we complained.

If I'd been more clued up then (15 years ago) than I am now, I'd have made his life hell for his arrogant attitude and that we were mere chattels to be bossed around and to pay his mortgage for him. Ex-accountant now in the church ... not suggesting how OP should react at all, but just goes to show what emotions can be evoked by a LL ignoring the fact that their T is actually a person.

paddedjohn

OP, make sure you have changed the locks and only allow viewings from the estate agent to suit you and your family even if this is just once a fortnight for a couple of hours.

G_M

And can you explain what makes you think you needed to give 2 months notice? As Benji says, much depends on your tenancy, but 2 months would only be required if you have a 2 monthly tenancy (VERY unusual! I've never seen, or even heard of one!)

Ruth_Moldano

Thank you for your prompt replies! To respond to G_M (and Benji) on the question of the two months' notice, the agreement says:

'If the Tenant wishes to terminate the tenancy without just cause he may do so but not before the expiry of two months written notice which itself may not be given until after the end of the first twelve months of the Tenancy. The determination of the Tenancy on the service of notice shall not affect the rights that each party have against the other in respect of any earlier breach. The Tenant must have written confirmation from the Landlord or the Agent that notice has been received to terminate the Agreement for this Clause to become effective'.

This is a three years' agreement with a fixed term of one year. Have you ever come across any agreements like this?

Turnbull2000

Ruth_Moldano wrote: »

Thank you for your prompt replies! To respond to G_M (and Benji) on the question of the two months' notice, the agreement says:

'If the Tenant wishes to terminate the tenancy without just cause he may do so but not before the expiry of two months written notice which itself may not be given until after the end of the first twelve months of the Tenancy. The determination of the Tenancy on the service of notice shall not affect the rights that each party have against the other in respect of any earlier breach. The Tenant must have written confirmation from the Landlord or the Agent that notice has been received to terminate the Agreement for this Clause to become effective'.

This is a three years' agreement with a fixed term of one year. Have you ever come across any agreements like this?

Once a fixed term is up, you only have to give 1 months notice. Your contract sounds like a load of !!!!!!!!. Many amateur landlords and letting agents unfortunately believe they can make up their own rules.

motherofstudents

I think your landlord should have told you just out of common courtesy. My son and his girlfriend were informed by their LA that the Landlord was going to sell the house after the LL told them she wanted long term tenants. They have only been there 8 months.

They have now given notice (1 month) so at least the LL won't be getting the rent. I hope you can find somewhere soon.

Queries

Contact Shelter, for additional advice (their number should be in your 'phone book, or if not, access them via the internet). Good Luck!

DVardysShadow

Ruth_Moldano wrote: »

Thank you for your prompt replies! To respond to G_M (and Benji) on the question of the two months' notice, the agreement says:

'If the Tenant wishes to terminate the tenancy without just cause he may do so but not before the expiry of two months written notice which itself may not be given until after the end of the first twelve months of the Tenancy. The determination of the Tenancy on the service of notice shall not affect the rights that each party have against the other in respect of any earlier breach. The Tenant must have written confirmation from the Landlord or the Agent that notice has been received to terminate the Agreement for this Clause to become effective'.

This is a three years' agreement with a fixed term of one year. Have you ever come across any agreements like this?

This is about right, although the phrase 'without just cause' is superfluous. If you have a 3 year fixed term you are bound by the clause which you have quoted, rather than by the statutory 1 month to be given before a rent period and to end with that rent period which you would have after the fixed term.

Too late now, because you have given your notice, but does the Landlord have an equivalent term allowing her to end the tenancy early? If they don't you could have sat there to the end of the 3 years or made your move in the Autumn - or even asked to be bought out of the tenancy to defray your removal expenses. Your tenancy would have made the house harder to sell, you need not have accepted viewings and the only people in their right minds to buy tenanted property would be those aspiring to let the property.

jjlandlord

Ruth_Moldano wrote: »

This is a three years' agreement with a fixed term of one year.

How is this specified in the agreement?

Ruth_Moldano wrote: »

'The Tenant must have written confirmation from the Landlord or the Agent that notice has been received to terminate the Agreement for this Clause to become effective'.

This part of the break clause would probably be deemed an unfair term.