Landlord wants to sell

nadirnwo

Hi,

Today I came across an advert for the flat we are currently renting. The landlord has put it on sale.

In addition our landlord did not place our deposit in a protected scheme within 30 days and did not provide us with the proscribed information.

How does this effect my tenancy agreement? I have an AST contract and I am currently in the fourth month of it.

How do I handled the estate agents if they want to arrange open days or several viewings and ask as not to be present during such times? Can I refuse if it gets inconvenient or the volume is high?

My tenancy agreement has a clause that "The tenant must provide access for viewings of the property if 24 hours notice is provided". This is in addition to the condition to allow access to the property within the last 2 months of the tenancy.

The estate agents are really aggressive and I have had problems with them in the past as well.

19lottie82

First off you don't have to move within your AST if you don't want to.

Secondly regarding viewings you don't have to let anyone into your flat if you don't want them there. However at the end of the tenancy, in order to keep things amicable I would present the LL with a set list of times per week you will allow viewings, maybe a Tuesday 6-8 and a saturday 10-1 for example. If they attempt to breach this or let themselves in when you're not in, change the locks.

SerialRenter

You said you're in an AST, is this a 6 month or 12 month?

Unless you mutually agree to surrender or there is a break clause the landlord is stuck with you, which works in your favour as if he really needs to get you out he might be persuaded to give you financial incentive to leave.

The 24 hour clause might not be enforceable, or if it is, it should only be in the last two months of the term.
Unless they're saying 24 hours at any time and no notice for the last two months, which is completely unenforceable!

At the moment I'd do nothing until they contact you.

If you're feeling sneaky, get a friend to talk to the estate agent as if they're interested in the house and see if they can get a viewing. Then wait and see if they actually inform you.

G_M

How long is your tenancy? 6 months? 12?

Whatever, you cannot be made to leave before it ends unless either
* there is a 'Break Clause' (read the agreement) or
* you agree

If the property is sold, you get a new landlord to pay rent to (see below).

If during the sale process the LL want peopke to come round (surveyors, estate agents, buyers) he needs your consent. Decide how cooperative you want to be an then WRITE telling the LL at what days/times you are happy to grant access.

If your deposit is not registered (check for yourself here: Deposits )
* the LL cannot serve a valid S21 Notice
* you can sue for 3 times the deposit.


Landlord & Tenant Act 1985

3 Duty to inform tenant of assignment of landlord’s interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

(2)If trustees consititute the new landlord, a collective description of the trustes as the trustees of the trust in question may be given as the name of the landlord, and where such a collective description is given—

(a)the address of the new landlord may be given as the address from which the affairs of the trust are conducted, and

(b)a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignment of the interest of the landlord.

(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

[F1(3A)The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.

nadirnwo

SerialRenter wrote: »

You said you're in an AST, is this a 6 month or 12 month?

Unless you mutually agree to surrender or there is a break clause the landlord is stuck with you, which works in your favour as if he really needs to get you out he might be persuaded to give you financial incentive to leave.

The 24 hour clause might not be enforceable, or if it is, it should only be in the last two months of the term.
Unless they're saying 24 hours at any time and no notice for the last two months, which is completely unenforceable!

At the moment I'd do nothing until they contact you.

If you're feeling sneaky, get a friend to talk to the estate agent as if they're interested in the house and see if they can get a viewing. Then wait and see if they actually inform you.

Hi, I have a 12 months contract, but at the end of the contract it also says that after 6 months have passed the landlord may "determine this tenancy" giving two months notice. I am currently about to start my fifth month in the property.

Yes, there is a clause that says that if the property is put up for sale, access to viewings must be provided on 24 hours notice at any point during the tenancy. This surely cannot be right? In this way I could perpetually be opening my home up for viewings until it sells.

nadirnwo

G_M wrote: »

How long is your tenancy? 6 months? 12?

Whatever, you cannot be made to leave before it ends unless either
* there is a 'Break Clause' (read the agreement) or
* you agree

If the property is sold, you get a new landlord to pay rent to (see below).

If during the sale process the LL want peopke to come round (surveyors, estate agents, buyers) he needs your consent. Decide how cooperative you want to be an then WRITE telling the LL at what days/times you are happy to grant access.

If your deposit is not registered (check for yourself here: Deposits )
* the LL cannot serve a valid S21 Notice
* you can sue for 3 times the deposit.
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My deposit has been protected but it was protected late, my name was miss spellt which has not been corrected, and proscribed information (which I am to be honest not sure what that is) has not been provided either.

Guest101

nadirnwo wrote: »

Hi, I have a 12 months contract, but at the end of the contract it also says that after 6 months have passed the landlord may "determine this tenancy" giving two months notice. I am currently about to start my fifth month in the property.

Yes, there is a clause that says that if the property is put up for sale, access to viewings must be provided on 24 hours notice at any point during the tenancy. This surely cannot be right? In this way I could perpetually be opening my home up for viewings until it sells.

Does it say you can terminate also? If not it's not valid.

Whatever the tenancy says, you do not have to. Change the lock and tell them they can do viewing only when you agree to. You have dole use and the right to quiet enjoyment.

G_M

Please quote precise words of Break Clause.

If deposit protected late and/or Prescribed Information no provided, no valid S21 Notice can be served.

If LL serves notice according to Break Clause, you can either comply and move out, or stay. If you stay, LL still needs a court order - which means he must serve a S21 Notice (see above).

If you do not provide access (viewings etc), LL would need a court order to gain access. A court might grant this, but if you have been 'reasonable' ie allowed limited controlled access the court would be satisfied.

write offering access on, say two days per week at X O'clock.

Prescribed Information (RLA links to various deposit schemes' documentation)

xbow

excuse me for asking, but you say your contract says:

that "The tenant must provide access for viewings of the property if 24 hours notice is provided". This is in addition to the condition to allow access to the property within the last 2 months of the tenancy.

why did you sign the contract if you are not happy with this?
if you agreed to it then i think you should honour it.

The landlord can't legally make you leave before the end of your AST unless you've breached your contract. I don't know but if you go back on the above paragraph maybe he will have the right to break the contract conditions just as you will have done if you refuse entry.

xbow

"Yes, there is a clause that says that if the property is put up for sale, access to viewings must be provided on 24 hours notice at any point during the tenancy. This surely cannot be right? In this way I could perpetually be opening my home up for viewings until it sells."

again, why did you agree to this if you think it is unreasonable?
it may not be legally enforceable but i think people should just stick to the deal agreed on.

nadirnwo

xbow wrote: »

"Yes, there is a clause that says that if the property is put up for sale, access to viewings must be provided on 24 hours notice at any point during the tenancy. This surely cannot be right? In this way I could perpetually be opening my home up for viewings until it sells."

again, why did you agree to this if you think it is unreasonable?
it may not be legally enforceable but i think people should just stick to the deal agreed on.

I intend to honour it and it's not that i am looking to hinder the landlords sale. My concern is that the estate agents are very aggressive suggesting that I should be prepared to leave the property on Saturday for the whole day so that they can arrange open days. My previous experience with the same estate agent (they handled my let) has not been good. They spliced together two contracts to make it seem that I had signed a new draft which I hadn't.

I guess I just want to know whether I can draw a line somewhere if they get really pushy.