Landlord Selling/notice period etc

Wyre

If the house has already been sold, then you need to make sure you don't pay rent to your previous landlord. The building company is your new landlord with all the responsibilities that goes with it.

You need to confirm this asap!

RAS

wychweaver wrote: »

The landlord has sold this house to a building company, the building company have put it on the market. They have already had an offer given for the full asking price.

In which case STOP paying any rent until you get an address for the serving of notices.

Just to add that legally you are not required to pay rent until you get this information but that you need to put the money aside as it becomes payable when the information is given to you.

Point out to the EA that you cannot either pay rent or serve notice until you get formal notice of the address of the new landlord.

This also means that your old LL cannot give you notice to leave in any format.

wychweaver wrote: »

The buyer has shown all proof etc and wants the house off the market.. the building company are holding out to see if they can get any more money!! so in the meantime, I've still got viewers coming...
Talk about greed... do the builders really think someone is going to pay more than the asking price??!
I'd be very tempted to tell the viewers exactly what going on but alas I am refusing to be here and may partner is going to oversee things. I just can't do it.

I would be tempted to tell the EA that there will no more visits until you get the new LL's address details.

DavidP24

If you had a tenancy but it has expired you would be a periodic tenant but your situation is unique, not sure if you can be a sitting tenant anymore.

The property was not sold with vacant possession, the best thing for you to do is pay £3 to the land registry online and find the name of the new owner.

Put the previous rent in an interest bearing account so you can show a court if things go bad. Currently you have no contractual obligation with this new owner and he has not made any effort to create one.

A period tenant has to be given in two months notice but it has to be done under the strict conditions of the housing act.

If the new landlord starts proceedings you can petition the Court for them to be cancelled as they have not complied with the provisions of Section 8 of the Housing act.

The approach I would take (once he contacts you) is to negotiate a fee to leave, it should start with a written reference from him for you as tenant. Then it comes down to a fee that is reasonable for both parties. A builder might pay £5k if he has a buyer on the hook.

If there is no communication then just save your rent for your next property. You have to decide whether you want to push things, it may be better to allow viewers but subtlely put them off. Their lawyer will find out that they also do not have vacant possession.

Once contact is made, if nothing is offered then just resist everything , there is no contract in place and he has to follow the housing act rules. I would make sure that your locks are changed just because you have no idea who you are dealing with and the original landlord is no longer in the picture.

wychweaver wrote: »

Had a very interesting conversation with the estate agent today.. they shouldn't have told me anything really but hey ho.

The landlord has sold this house to a building company, the building company have put it on the market. They have already had an offer given for the full asking price. The buyer has shown all proof etc and wants the house off the market.. the building company are holding out to see if they can get any more money!! so in the meantime, I've still got viewers coming...
Talk about greed... do the builders really think someone is going to pay more than the asking price??!
I'd be very tempted to tell the viewers exactly what going on but alas I am refusing to be here and may partner is going to oversee things. I just can't do it.

Yorkie1

It sounds as though the sale has not completed yet - an offer has been accepted, that's all. If the sale has not yet completed then under no circumstances stop paying rent.

You do have a tenancy albeit an unwritten one. The law implied an AST and you will now be on a periodic rolling tenancy.

The LL has to give you 2 months' written notice, expiring at the end of a tenancy period (what date of the month did you move in?). Therefore he has not given you valid notice and you are under no obligation to leave.

If you want to leave you must likewise give written notice of 1 month, to expire at the end of a tenancy period. If you have not yet given that notice then legally you will be liable for rent until the expiry of notice once given.

This all is neither here or there if you and the LL agree something else - get it in writing.

As others have said, you are under no obligation to allow inspections for any purpose. If you think they may do so and you are not happy with this, change the barrel of the locks (change them back when you leave).

Don't do anything by email or phone. Get it in formal writing, with certificate of posting (first class post) to the address you have for the LL / (c/o letting agent if applicable).

wychweaver

It's all very odd isn't it?

We are up to date with our rent, the next payment being 1st November, but we are hoping to move out ourselves on that date.

The house is now off the market as the new buyer requested this. (I've spent alot of time on the phone today) The EA has told me that our original landlord will remain so until ANY contracts have been exchanged, which they haven't up to now.

The new buyer wanted to come round tonight (all other viewings have been cancelled) to have a look... the buyer has bought as sight unseen. I'm not letting the new buyer come round as I know who it is and am so not comfortable with him being in my home (I have worked with this person in a professional capacity and pretty much despise him and the thought of him being in my bedroom.. well it's turning my stomach!) I've told the EA that I will arrange a time that he can view but it will be with one of their agents at a time suitable for me and with me not here.

I hope our new house moves along very smoothly and we can soon be out of here.

I agree that it would be ideal for us to give landlord one months notice but I hardly think he's going to complain that we haven't and if by any chance that we are still here into November then I will point out to him that we are still waiting for proper and legal notice from him. (he wants us out as soon as.. private landlord.. knows nothing about legalities... rented to his sister when he move out, then rented to us)

It's Friday night and I think I've earned a huge glass o wine

Have a great weekend everyone x