Landlord selling property- where do we stand?

misswig

Hi. I hope someone can help settle my mind as I'm beginning to panic!!

We have just extended our tenency for a further 6 months and tenency agreement expires on 1/12/2013. I have just received email from letting agents to inform us that the landlady is having property valued with view to selling. Can she do this before the tenency expires ( or 2 months before)? Or can she put it on the market now and if she finds a buyer quickly just give us 2 months notice before tenency expires?

Thanks

Werdnal

She cannot evict you until your tenancy fixed term ends. She can give you notice, but this will not take effect until the FT ends, and even then, she would have to apply for a court order if you chose not to leave (which you legally do not have to do until a court evicts you).

She can put it on the market and sell, and new buyer would become your landlord. If the buyer wanted vacant possession, and it was in the LL's interest to persue the sale earlier than your end of tenancy, you could offer to "surrender" the tenancy for a financial reward to make it worth your while - eg, covering your moving expenses, letting agent fees and providing a good reference etc.

However, if you choose to stay, you do not have to go anywhere until the FT ends, or even after the sale if the buyer wants an investment property and will keep you as tenants.

Beware though, putting it on the market will likely have the agents ringing trying to book viewings. Whilst you do not have to accept any viewings at all, remember you will need a good reference eventually, so always best to find a compromise. You could suggest a couple of days/evenings a week when viewings would be acceptable, and tell the agent you will take appointments then, but at no other times/days. Always ask them to confirm that someone will be coming, even in the time slots you suggest, so that people don't just turn up on the doorstep!

TBH, the LL is trying to have their cake and eat it, as trying to sell with tenants, will limit their market, as anyone wanting to buy with vacant possession will be put off anyway. However, if this is only a valuation visit, you don't yet know whether LL will actually market it ... especially if value is not as much as expected.

theartfullodger

Landlord can sell property any time they like: (eg this afternoon to a bloke LL meets in pub). Change of ownership does to end your tenancy: You do not have to leave: Your tenancy continues exactly as before - but with a new LL who must (MUST!!) write to you giving notice of who he is, address & where to send rent..

You do not have to agree to viewings for survey, estate agents, people wanting to buy, anything. Landlord if he wishes to force visit (for any reason..) can go to court & get an order: Probably take as long as evicting you some time early in 2014 after current tenancy ends fixed-term..

Expiry 1/12/2013 does bot mean you have to leave: If you stay 1 second into 2/12/2013 a new "periodic tenancy" starts on the same terms, usualy month-by-month, if rent paid monthly. Landlord cannot prevent this without going through courts (he wouldn't succeed before early 2014..).

Unless there is a break clause in tenancy (read it carefully!!)

Now, stop panicking - there's nothing happening soon, calm ddown, please

Cheers!

G_M

Two excellent posts above.

Just to add:

I'm sure you have an excellent LL who will not only write to you giving at least 24 hours notice of any visits by estate agents, buyers, surveyors etc, but will follow up each letter with a phone call to check the dates/times are convenient to you, and will rearrange if you say they are not....

But just IF this is not the case, and you find the LL, or estate agent etc, letting themselves in with their key while you are out /in the bath / having dinner / making out with your other half etc, then
a) write (yes, a letter) insisting all visits in future are agreed in advance and
b) change the lock so as to protect yourself/your privacy ("Quiet Enjoyment" of the property)

datlex

I had this situation a few years back. At the end of the agreed tenancy we had a rolling months' notice period which enabled us to stay as long as we needed to find another place it worked well - though am guessing might not in all cases.

G_M

datlex wrote: »

I had this situation a few years back. At the end of the agreed tenancy we had a rolling months' notice period which enabled us to stay as long as we needed to find another place it worked well - though am guessing might not in all cases.

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)