Renting a house that's also up for sale

Supermom

My sister has found a house to rent in the area she needs to be in and its perfect for her needs. She's passed all the credit checks etc with the Letting agents who are advertising the property but whilst googling it tonight has also found it's up for sale and has been for the last year (no sale sign outside).

She's got herself into a bit of a panic and is scared that if she signs for 12 months she'll get kicked out if he selld before then and she was looking for 2 years ideally.

What are her rights? Does she have any? Could she ask that the property is taken off the market?

Thanks

Fire_Fox

A flat on my corridor has been up for sale since 2007 chasing the market down, it's been tenanted for the last three years at least. Request a two year fixed term or refuse to allow any viewings under the tenant's right to quiet enjoyment.

jayship

My understanding is that both party would be bound to the terms of the contract. Since it is for sale the LL may not offer a contact longer than 6 months. Talk to the EA for clarification.

BASFORDLAD

Most landlords wont do a two year agreement

Normally 6/12 months

Werdnal

Whatever the fixed term is, the LL and tenant are bound to it, so even if it sells, the LL cannot end the tenancy it expires. If tenant wants stability, they should insist on the 2 yr term, but if the property is on the market, I doubt LL would agree to this.

The most they could probably get would be 12 month tenancy, but check that there is no break clause included, as this could allow the LL to end it at 6 months.

If the EA did not divuldge that the place was on the market, she should complain to them. Are they sure it is still for sale, as sometimes properties can be left on RM by lax agents who forget to delete them. LL may have been looking to "let or rent" and may consider taking it off now they have a tenant.

Supermom

Thanks to all who replied.

It is being sold through an estate agent but let through a lettings agent so not sure the lettings agent knew about it being for sale.
It has had a tenant in since just after it was put on the market (march time) this is what the data on zoopla shows.

I've also downloaded the land registry details and it shows the landlords name on it and the mortgage is with the mortgage works where can I check he has permission to let it?

Sorry new to this and I don't want my sister to end up homeless.

Fire_Fox

There is a sticky on consent to lease. Ask the estate agent/ landlord to specify in the Rightmove listing that the property is tenanted.

Supermom

Thanks Fire Fox will tell my sister to speak to them tomorrow.

Sorry to be a pain (again) If the landlord use to live in the house and then changed it to a BTL would his address details still be showing as the rental property my sister is looking at?

I'm getting so confused

Fire_Fox

Depends if the landlord has informed land registry of his change of address.

franklee

If your sister isn't yet committed to this property it may be best to look elsewhere. It's not as simple as if the property sells or not, she may be pressurised into allowing viewings during her tenancy which is a pain.

What does the tenancy agreement say about viewings? I'd suggest if she goes ahead to make sure it says viewers for letting or sale are only permitted in the last month of the tenancy with at least 24 hours written notice and that the tenant agrees to.

If the owner really wants to sell then this property is not going to be a long term home. Also if the owner didn't tell his letting agent it's for sale it does not speak well of the landlord.

Sales agents can be very pushy so at the very least the property needs to be off the market. Can you or your sister ring the selling agent to see that they have been told, pose as a buyer.

Your sister also needs to ask the letting agent what proof they have seen that there is consent to let fron the mortgage lender. If there is no consent it affects the tenant's security of tenure should there be a repossession.

Your sister needs to take all moving costs, removals, her time and stress in moving, letting agents fees overlap of rent and utility bills etc. into account in deciding if she wants to go ahead with a short term let. Moving is surprisingly expensive.

Next time check for it being for sale before paying anything as there are a lot of accidental landlords. Rightmove and property bee are useful for this.

G_M

If she signs a 6 month contract, she is secure for 6 months (but see below).

If she signs a 12 month contract she is secure for 12 months.

Yes, the landlord can sell the property, but the new owner cannot end the contract - he just becomes the new landlord.

However, some contracts have a 'break clause' which allows the contract or tenancy to end early. Typically this might be at the 6 month point in a 12 month tenancy, so if she wants security she needs to check there is no break clause.

Many owners try to sell, or let, at the same time, and will be happy with whichever suceeds first - but only the owner/landlord can tell you this.

Try to talk to the landlord and ask.