landlord is selling where do we stand in regards to deposit back

loulouchick29

Our landlord has informed us they want to sell. They offered it to us but we can't afford it so need to vacate in 2 mths.
Our security deposit is held by the estate agents but the landlords have informed us directly they will be selling the property through another estate agent.
Does this effect us getting our deposit back?
As long as we leave the house as we found it we shouldn't have an issue should we?
Are we expected to do touch up paint jobs etc if it's only going to be sold as seen anyway and do we get anything if they arrange viewings and surveys whilst we are still here?
We want that full deposit back! Especially since we will be doing them a favour sorting it out for them to sell!!
Please help!!

kazwookie

I don't thinkyou need to leave or allow viewings, I think he can serve notice but you don't have to go.

BitterAndTwisted

If your tenancy ends then the landlord is responsible for returning your deposit, minus any reasonable deductions for dirt, damage etcetera. That's assuming there was a dual-signed check-in inventory at the start of your tenancy.

I would warn you about considering doing any "touch-up paint jobs" as it's notoriously difficult to get a perfect match. If you have caused damage it would probably be quicker and easier to just wash down with sugar soap or completely repaint if you don't want the landlord to charge you for it.

It doesn't matter that the property is being sold. The new buyers could be planning to gut it and it wouldn't make any difference to your situation. What matters is that you return it in the same condition as it was at the start.

BitterAndTwisted

Not allowing viewings is the one guaranteed way to ensure a landlord is as strict as he can get away with on the check-out inspection!

booksurr

has the LL served the proper notice on you (S21 notice)? Do you want to contest it or do you just want to leave yourselves "in 2 months time"?

what do you mean by "do you get anything"? Your LL is not obliged to pay you for your "trouble", but in the same vein you can play hard ball over allowing access for viewings/survey . Neither you nor the LL will gain by being uncooperative in the long run.

you are required to return the property in the same condition as when you moved in. What the LL is doing with it is irrelevant

how much of your deposit you get back depends on, firstly whether there was a dual signed inventory recording its condition when you moved in and secondly the condition you now return it in

LeafGreen

When did you start renting this property?... and is your deposit protected?

https://www.gov.uk/tenancy-deposit-protection/overview

G_M

You do not need to worry about your deposit. At least not any differently to any other time/way your tenancy ends.

1) Landlord evicts in order to sell. LL must serve S21 Notice and eiher await a court order or wai for you to leave or wait for you to serve notice. At that time, tenancy ends, deposit is returned (or deductions made), and LL can sell property

2) Landlord sells to another landlord with you/your tenancy still in place. Liability for your tenancy, including your deposit, passes to new owner/landlord

[Deleted User]

I am in the self same situation. I have decided its best to be as amicable with the LL as I can be (within reason). I have repainted various areas of the house.., they would be perfectly entitled to take money out of the deposit if its not as when you moved in less fair wear and tear (depending on their previous checkout and check in inventory).

You can be as awkward as you want.., but obviously there is a risk that you will affect your reference to a new LL, and there will be no leeway on the deposit. You are actually in a powerful position relatively as they will want you to leave so hopefully some room for negotiation as to how this happens. Discuss with them what they want done to the property before you leave, when you will find viewings acceptable etc. They will want the property looking pristine and as sparkly as a new penny because this will affect its saleability/value, you have a right to leave the place as you found it.., minus fair wear and tear. Hopefully you will be able to come up with a happy medium between you. But you DON'T have to do any more than leave it as you found it etc etc.

Are you now in a periodic tenancy.., or is your AST fixed period up soon? If you are still in the fixed period of your tenancy.., they can't issue notice until two months before that period is due to end (giving you a S21 that is due to end with your fixed tenancy period). BUT if you don't want to leave then, you don't 'have' to.., they will then have to go to court to get an eviction notice and then employ bailiffs. Both of these processes take time. When they give you notice (via a S21 notice).., its is just that, notice,. They can't evict you until they go to court for a possession order, are granted it, and employ bailiffs to come round on a certain date.

Also.., there is a posibility they may find a buyer who is looking for a tenant in situ (not a certainty but it happens) so bear this in mind. I have been told that there is someone interested who wants a tenant in situ.., but the cynic in me has some doubts that this is reality.., it could be just that they want to keep me willing and eager to keep the place in good order and decorate etc. because of the need to impress a possible new LL.

In my case I've made it very clear to my LL that unless a miracle happens I will be dependant on finding housing through the local council and so they will have to evict me if they want to remove me. Not my choice but it is as it is. They know its going to take time to get rid of me. Haven't even been given a S21 yet. Initially they wanted all the painting done 'that week' but its a month later and I'm still waiting for a ceiling repair they need to do to be completed (my part of the decorating is more or less done). So don't let them push you around too much.

jjlandlord

Regarding the usual "you don't have to leave at the expiry of a s.21 noticeand the landlord must then get a court order" (which is true at law):

Refusing to leave and forcing the landlord to get a court order, and to call in bailiffs, will cost the tenant about £400-£500.

It's clearly preferable to avoid that situation.