Renting worries - Landlord selling and multi-tenants notice

Need_a_name

Hi,

Have picked up lots of useful information over the last few months here but unfortunately not one relating to this problem.


Basic facts often see asked for:

• Property in Wales
• Started on a 6 monthly contract then moved to monthly - not yet had a chance since news to locate actual paperwork. Can remember us all sat in office reading the paperwork then signing but not sure if all on 1 sheet or separate sheets.
• 1 deposit paid - 1 months rent and plus £200 which covered us all.
• Moved in 8-9 years ago on the 1st and pay rent 1st working day of each month
• Not yet had any actual paperwork just calls which is part of the reason asking for guidance beforehand
• Through letting agents fully managed service (owner not in GB)

Situation:

• Phone call received - landlord wants a valuation of house as possibly going to sell. This done Thursday
• Informed today - will be selling
• Saturday afternoon they are coming round to measure rooms and do photos.

This part of problem - only informed 1 of the 3 tenants who then spoke to another who both then spoke to me and I'm sure it has to be in writing & minimum 24 hours notice to come round but the 1 who has not had any of the contacts so far.
Message also passed on - Landlord 2 months notice and tenants give 1 months.

With the uncertainty of how long etc. will be on market want to move but will be going different ways



Is my take on this correct:

• Tenant gives notice (writing) Saturday 31st Jan it will end 28th Feb
• Tenant give notice (writing) any time during Feb it will end 31 March
• Landlord gives notice (writing) Saturday 31st Jan it will end 31 March
• Do not get anyting in writing from them (or after Sat 31st Jan) will be fine up until 30 April at least

3 are named on tenancy - do all 3 have to sign same letter and/or be present when giving notice in. Thinking here if not all ready to go/just some want name removed by giving their notice separately. So potential 1 goes for end date 28 Feb and another goes for end date 31 March.

Inference from agents is the landlord has financial problems - do any of the regulars have the deposit protection links handy at all? Think should show up within 30 days of start date and as gone to monthly probably won't have had to be protected again?

Thanks for reading, sorry so long - any guidance gratefully received as believe decision made by close of working hours situation Saturday 31st is going to be a crucial

hcb42

if all three on same tenancy, I am not sure you can all pick and choose when you leave...?

Need_a_name

hcb42 wrote: »

if all three on same tenancy, I am not sure you can all pick and choose when you leave...?

We all signed at the same time but can't remember if all on the same piece of paper/contract

Regardless if same or different paperwork would the notice need all of our signatures?

Worry is if 2 give notice then 1 would be stuck for at least 1 month covering all the rent and bills rather than them being shared 3 ways

kinger101

The landlord should give 24 hours notice to visit the property for the purpose of maintenance checks, and this must be in writing. So you are within your rights to refuse entry in this instance. The rights to access connected with future tenants or selling the house is usually detailed in the contract (which you should read), but the 24 hours notice would still apply here. If the contract is silent on this, then there is no actual statutory right for the landlord to allow viewings by potential buyers.

If you do allow the visit to go ahead on Saturday, make sure you let the agent know you are aware they have not complied with the correct procedure. They should know better, and you don't want to give them the impression you're a walkover.

If you're on a statutory periodic tenancy, the notice periods you have suggested are correct, provided there's nothing explicitly overriding this in the contract you signed.

If you are served notice, it doesn't evict you. Only the court can do that. But really, you probably need to start looking for somewhere else to live. If you have the financial means to do this, fine. If however, you're likely to require rehousing by the local authority, be aware that most councils won't house someone unless they've been evicted by the courts.

You might want to see if the LL intends to sell to anyone, or another investor. If it's the latter, you might simply get a new landlord.

kinger101

Need_a_name wrote: »

We all signed at the same time but can't remember if all on the same piece of paper/contract

Regardless if same or different paperwork would the notice need all of our signatures?

Worry is if 2 give notice then 1 would be stuck for at least 1 month covering all the rent and bills rather than them being shared 3 ways

We can't read your contract. You need to know whether it's three separate agreements, or a single contract which is likely to have joint and several liability. If it's the latter, you're all still responsible for the rent; it's not last tenant standing pays all.

The LL is being a bit of a !!!!!! if he wants to sell to a residential buyer while you still live there. You can use this for negotiation purposes. Ideally, he should just want you out, and show some flexibility if you move out on different dates, or part way through the month. I'd be pushing the agent to find out exactly what the LL is expecting.

Need_a_name

Thank you for the advice given - will be locating and reading contract carefully in the morning

Knew about the eviction/notice though from previous threads you, G_M etc. have kindly provided information on. Thankfully financially ok enough to look elsewhere and will be doing so. Problem is though our current LA is one of the main ones in this town so don't want to mess them around too much as could rule out a high proportion of available properties - only so many unfurnished properties about within walking distance of a school the 4th person/child attends.

Never had direct contact with LL as not in GB - can remember though a few years ago us being stuck with just hob and grill (and our microwave) for best part of a month when the oven went (too old to be repaired) and him taking so long because the new one had to be either black or dark green.....

Need_a_name

kinger101 wrote: »

. I'd be pushing the agent to find out exactly what the LL is expecting.

1 reason I think to potentially allow visit on Saturday as LA will also be the EA selling so can ask quite a few questions

kinger101

Need_a_name wrote: »

1 reason I think to potentially allow visit on Saturday as LA will also be the EA selling so can ask quite a few questions

Yes, in that case, it sounds like a good opportunity to extract more info from them. E.g., is the LL selling to another investor, and if not, how soon does the LL want the property vacant. I think the EA/LA will think you moving to a suitable new property asap is in everyone's interest.

G_M

You really need to know if you have a single 'joint and several' agreement, or a seperate agreement each.

If joint and several, then legally you are treated as a single entity: if one of you gives notice, it binds you all. If notice is given to one of you, it is treated as having been given to you all.

If seperate agreements, then each of you must act (and be treated) independantly.

* Tenant gives notice (writing) on/before Saturday 31st Jan it will end 28th Feb correct
* Tenant give notice (writing) any time during Feb it will end 31 March correct
* Landlord gives S21 (1)(b)notice (writing) at any time to expire 2 calender months later.

* Do not get anyting in writing from them (or after Sat 31st Jan) will be fine up until 30 April at least No. See above.

* Was your deposit registered? Check all schemes.
* Was the PI re-issued when the fixed term ended?
See Deposits (Rules on deposit protection)

Re-issuing PI (when renewing a tenancy - Superstrike Vs Rodrigues - legal guidance)

If you give notice but do not leave (or if joint & several and do not ALL leave), double rent can be charged (to all).

Landlord could have trouble selling while you are there if you are uncooperative. Even if cooperative many buyers will be put off.

Offering to be cooperative (surveys, viewings etc) could lead to mutually advantageous agreement over flexibility on notice periods, dates etc.

franklee

It's not clear if the deposit regulations apply as the OP "Moved in 8-9 years ago". Need a name did you pay the deposit before 6 April 2007? Or if you each paid the deposits separately did any of you pay after that date?

Need_a_name

franklee wrote: »

It's not clear if the deposit regulations apply as the OP "Moved in 8-9 years ago". Need a name did you pay the deposit before 6 April 2007? Or if you each paid the deposits separately did any of you pay after that date?

It was Autumn 2006 that we moved in - I want to say September, will see for sure once located and read the paperwork this morning. I paid the deposit for all 3 of us as easier at that time (bit of a rush to secure somewhere) and I'd got access to savings. They have paid me back towards some of it - £585 of the £875 is mine. I also paid the first months rent up front for us as well as the deposit but their share has been paid back to me.

If there are any deductions then I'm the one whose has lost on out interest payments as the money otherwise would have been in an ISA. Given the length of time we've been here would be looking very closely at any potential deductions as lot of natural wear and tear would have happened. In own home - let alone one you rent out - would any normal person have a light beige carpet in halls/stairs/landing?? We've done what we can by having rugs down but thats' clearly not possible/safe on the stairs which does show thinning/a darker colour.