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Landlord has sold the property

2

Comments

  • RuthnJasper
    RuthnJasper Posts: 4,033 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Apologies if I have missed something - but is your son definitely certain that the new owner will evict him? It may be the case that the new owner has bought the property from the original landlord still intending to let the flat - in which case, as far as your son is concerned, he will still be able to live there unimpeded, albeit with a change of landlords.

    I do agree with the above advice to contact the solicitor/agent as soon as possible - so that he can plan for the future in any outcome. It is also extremely discourteous of the present landlord to not keep your son fully informed - though there may be extenuating circumstances for this.

    Whatever happens, I send your son and you every good wish for the future. x
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    * Assuming he is in Eng/Wales, it appears he is on a Statutory Periodic Tenancy.
    * This is not affected by a change of owner. He simply gets a new landlord, but same tenancy.
    * This post here explains what Notice he has to give if he wishes to leave and what Notice the landlord (old or new) has to give him.
    * Section 3 of Landlord & Tenant Act 1985 states that the new landlord must inform the tenant of name/address within 2 months. Not to do so is a criminal offence
    * Landlord and Tenant Act 1987 states that if the tenant does not have an address "for the serving of Notices" for his landlord (ie the new one!) he does not have to pay rent. (though should keep the money as he'll have to pay it eventually when informed)
    *
  • Smi1er
    Smi1er Posts: 642 Forumite
    I actually did this from the other side. Flat already had tenant in.

    On the day of completion I sent them a letter by special dlivery informing them
    • I was the new owner
    • Telling them that they were in a Periodic tenancy and that this was to continue
    • Giving them my bank details for payment of rent (same amount on same date as before)
    • Confirming I had their deposit, and as required by law would register this within 14 days and give them the details of where it was held
    I also told them I wanted to inspect the property and arranged a date with them. In the meantime I discovered previous owner had never had a Gas Safety Cert:eek: so arranged one of them too.

    As others have said, wait and see. Any new landlord has to give two months notice.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Sounds like the new property owner may have just become an accidental landlord...
    "You were only supposed to blow the bl**dy doors off!!"
  • Yorkie1
    Yorkie1 Posts: 12,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Sounds like the new property owner may have just become an accidental landlord...

    There isn't anything in the original post to suggest that this is the case. OP doesn't mention there having been a series of hopeful purchasers through the doors, planning to make it their life's home. Neither does OP say that the letter tells her son to vacate on the 14th - just that the ownership of the property changes on that date.
  • silvercar
    silvercar Posts: 49,975 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    It would be useful to know that the property has been sold with a tenant in situ rather than with vacant possession.

    Worth replying to the letter, reminding the solicitor that you are the tenant and living in the property and haven't been given any notice.

    Either you should get confirmation that the tenancy continues with the new landlord or that they want you to leave and then negotiations can start on the price you attach to leaving at short notice. If your current landlord has exchanged promising vacant possession he has a liability to provide that and you would be in a position to value this at £££££££.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
    No, the letter is printed on plain paper, no letter head, no reference and no printed name just a signature which is illegible. The only reason he knows it from a solicitor is the franking mark.

    That doesn't sound right to me at all. I can't believe that any solicitors office would send such a letter.

    Even in the unlikely event that it was printed on plain paper by mistake, it would still have the sender's/company's name at the bottom and the person who signed it would surely have noticed???
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    If the completion date was the 14th, is it normal for someone not to come round their 'new house' for 3 days, if they were intending to move in themselves?

    If this is true (and I would wait for more 'official' correspondance) then it does sound somewhat like a new landlord has bought it...
  • the-mango
    the-mango Posts: 818 Forumite
    Xmas Saver! I've been Money Tipped!
    If the completion date was the 14th, is it normal for someone not to come round their 'new house' for 3 days, if they were intending to move in themselves?

    If this is true (and I would wait for more 'official' correspondance) then it does sound somewhat like a new landlord has bought it...
    Yorkie1 wrote: »
    There isn't anything in the original post to suggest that this is the case. OP doesn't mention there having been a series of hopeful purchasers through the doors, planning to make it their life's home. Neither does OP say that the letter tells her son to vacate on the 14th - just that the ownership of the property changes on that date.


    Yes, it does. OP said
    Hi

    My son lives in a rented flat. His landlord has sold it and, although my son was aware that it was to be sold, the first confirmation he had was this week, when he received a letter from solicitors advising that the completion date was 14th June. He has paid rent up until the end of the month.

    He hasn't been given any notice nor does he have the contact details of the person who has bought the property or their bank details in order that he can pay rent. The letter from the solicitor was on plain paper and the only clue that it was from the solicitor was the franking mark on the envelope.

    Can the new landlord evict him or does he need to give him notice? My son was advised that the new owner wanted it to live in and not as an investment.

    Thanks

    Linda

    Although of course the new owner may let him finish up the lease etc., take appropriate action, then move in after.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Well, if the son was advised it was an investment buyer, and clearly nothing regarding eviction has been received, then I dont see the worry about notice/evictions?

    All he needs to do is withhold his rent until the new landlord provides him with his rent details. I wouldnt be chasing it on my own time, its not the tenants job. Just keep the rent aside and I am sure the landlord will want it soon enough.
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