Landlord has sold the property

RedSoleShoes

marliepanda wrote: »

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.

If I was a tenant, I would be very concerned about coming home one day to find the locks changed/someone inside/eviction notice on the mat/etc etc. It's easy to say 'not my problem' but at the end of the day, the tenant needs to know what is happening.

Smi1er wrote: »

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.

How did you manage to get the tenant's deposit without them knowing? A tenant has to agree for the release?

marliepanda

RedSoleShoes wrote: »

If I was a tenant, I would be very concerned about coming home one day to find the locks changed/someone inside/eviction notice on the mat/etc etc. It's easy to say 'not my problem' but at the end of the day, the tenant needs to know what is happening.

In this case, the person who did it has WAY more to be concerned about as that would be an illegal eviction.

BobQ

No reputable solicitor would send a letter without a letter head. Note that the Law Society code of practice states:

This practice note explains the information that you must include in order to comply with the Code of Conduct 2011 requirements, and the steps that you should take to facilitate this.
Please note: Outcome 8.5 of the SRA Code of Conduct 2011 requires letterheads, websites and emails to show the words 'authorised and regulated by the Solicitors Regulation Authority'. The SRA has noted that although websites, email footers and computer templates are relatively straightforward to change, firms may have stocks of pre-printed headed paper that they don't want to waste. Firms can use these old stocks and change their headed paper as soon as practicable in the next few months.

"

BobQ

RedSoleShoes wrote: »

If I was a tenant, I would be very concerned about coming home one day to find the locks changed/someone inside/eviction notice on the mat/etc etc. It's easy to say 'not my problem' but at the end of the day, the tenant needs to know what is happening.

I agree. I would change the locks too.

DVardysShadow

BobQ wrote: »

No reputable solicitor would send a letter without a letter head.

You are right.

Perhaps a letter addressed to the Senior Partner of the solicitors involved?

Dear Sirs

I attach photocopies of a letter addressed to me and of the envelope used, which shows that the letter has come through your mailroom. Would you kindly advise whether you are acting for anyone in relation to <address> and if so, in what capacity.

Yours faithfully


This might set the cat nicely among the pigeons.

G_M

RedSoleShoes wrote: »

If I was a tenant, I would be very concerned about coming home one day to find the locks changed/someone inside/eviction notice on the mat/etc etc. It's easy to say 'not my problem' but at the end of the day, the tenant needs to know what is happening.

How did you manage to get the tenant's deposit without them knowing? A tenant has to agree for the release?

Protection from Eviction Act 1977

If worried about new LL entering the property, change the lock.


The original and new landlords could arrange for the existing deposit scheme to amend its records to record the new landlord's name. The tenant's deposit remains protected within the scheme.

Or the old LL gives the new LL the cash (or it is deducted from the purchase price) and the original deposit is released to old LL and new LL registers the 'new' deposit. But yes, this latter would involve the tenant.

girl_withno_name

BobQ wrote: »

No reputable solicitor would send a letter without a letter head. Note that the Law Society code of practice states:

"

This doesn't actually say that you have to have a letterhead... I agree that you would expect solicitors to use them though.

Yorkie1

@ the-mango, I had overlooked that final sentence. Thanks for pointing it out.

silvercar

If the current landlord has sold the property with vacant possession, then it is up to the current landlord to ensure that the property is indeed vacant at completion day.

If the current landlord doesn't provide the property empty then the completion shouldn't take place. The current landlord would then be liable to the buyer for not completing on the contract. The buyer's solicitor would then serve notice on the current landlord to complete. The current landlord then needs to negotiate with the tenant for the tenant to leave earlier than legally obliged to do or he has to negotiate compensation with the buyer for failing to comply with the contract.

The current landlord can't just take the buyers money and leave the buyer sort out the problem of a tenant living in a property that he has bought with vacant possession, not least because the buyer's mortgage will be a residential one.

Smi1er

RedSoleShoes wrote: »

How did you manage to get the tenant's deposit without them knowing? A tenant has to agree for the release?

You are assuming that the previous landlord protected the tenants deposit in much the same way I assumed they had a gas safety cert.....