Landlord selling, not serving me notice, breached the contract

dawnie1972

Hi
Hoping someone can give me some advice. Have been in my current home since December 2012, rented through a letting agent. Landlord has been an @rse with the maintenance and the boiler has never worked properly. Last year he told the plumber if he had to replace the boiler he'd put the house on the market. Didnt really use the boiler over the summer as heated the water with electricity but now its getting cold am using it and its not working properly (doesnt heat the water on the timer, loses pressure to a point that i have to re-pressurise it EVERY day), last week the letting agent rang to advise landlord is putting house on the market but not giving me my notice until its sold (this didnt go down well with me). They came round to take photos this week and we had a chat and they understand why i'm not happy. Arranged some viewing for this weekend (i'm getting pestered constantly by them but I need to be present for the viewings as i have 2 dogs) however today they have erected a For Sale sign outside my house - my tenancy contract states ""To allow the Landlord or the Agent to erect a reasonable number of "for sale" or "to let" signs at the premises, DURING THE LAST TWO MONTHS OF THE TENANCY" however as he hasnt' given me my notice he cannot put a sign up and is therefore in breach of the tenancy agreement - what can I do about this? I want to get out asap but I have two dogs and its extremely difficult to find rental property with 2 dogs.

benjus

Are you on a fixed term or periodic tenancy now? When did the current agreement start and when does it end (if fixed term)?

If the landlord sells to another investor, you would simply get a new landlord.

However, it sounds like they want to sell to an owner-occupier. Such a buyer would be very foolish to exchange contracts with a tenant still in the property, so the idea of giving you notice after the property is sold (I assume this means after an offer has been accepted) is flawed. If you choose not to leave when they ask you to it could take several months to get possession through the courts, and the buyer may well get cold feet and pull out.

So you may have quite a lot of bargaining power in this situation - don't let the agent or landlord bully you into leaving quietly when it suits them.

dawnie1972

Thank you for your reply - it was an AST 6 month tenancy that started on 20th Dec 2012 but then became a "rolling" agreement with no end date. He's not looking to sell to another investor just to sell outright.

tlc678910

Why do you want to be served notice now?

Is it so you can access some help with emergency housing? (I'm not trying to criticise that just to understand. If you want to leave you can serve your notice anytime you like (usually 1 month) if you don't want to leave just yet/haven't found anywhere to go why are you pushing them into a position where they will be forced to serve you notice (objecting to for sale sign etc).

Tlc

G_M

So you have two issues:

1) heating. Have you reported this properly, in writing, to the landlord, at the address provided for that purpose (for serving notices under the Landlord and Tenant Act 1987 )?

Have you followed up?

read:

Shelter (Repairs in private rented homes)

2) Sale
a) whilst it is sensible to cooperate (esp if you want a reference), excessive viewings etc would be a breach of your right to 'quiet enjoyment', esp as the contract speaks of 'the last 2 months of the tenancy' which this is not.

b) make clear to the LL, in writing, (again use the proper address) what acess you find acceptable/unacceptable, and what advance notice you want.

c) until you receive notice your tenancy is unaffected. If a sale concludes while your tenancy continues, you simply get a new landlord.

d) to end the tenancy the owner/landlord (or new owner/landlord following a sale) must give proper notice. See:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

e) It sounds like you will need to leave at some point, so start looking. If you find somewhere, you will need to give proper notice, though the LL may be agreeable to shorter than normal notice as it would help him sell. Discuss! For your formal notice requirements, read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

dawnie1972

tlc678910 wrote: »

Why do you want to be served notice now? I didnt say I did - but i'm going to be served notice anyway once he's sold it!

Is it so you can access some help with emergency housing? (I'm not trying to criticise that just to understand. If you want to leave you can serve your notice anytime you like (usually 1 month) if you don't want to leave just yet/haven't found anywhere to go why are you pushing them into a position where they will be forced to serve you notice (objecting to for sale sign etc). Me pushing them into a position?? Sorry! They are screwing me over! And no i'm not looking for emergency housing as I have pets and these wouldnt be considered.

Tlc

G_M wrote: »

So you have two issues:

1) heating. Have you reported this properly, in writing, to the landlord, at the address provided for that purpose (for serving notices under the Landlord and Tenant Act 1987 )?

Have you followed up? yes its all in writing and logged

read:

Shelter (Repairs in private rented homes)

2) Sale
a) whilst it is sensible to cooperate (esp if you want a reference), excessive viewings etc would be a breach of your right to 'quiet enjoyment', esp as the contract speaks of 'the last 2 months of the tenancy' which this is not.

b) make clear to the LL, in writing, (again use the proper address) what acess you find acceptable/unacceptable, and what advance notice you want.

c) until you receive notice your tenancy is unaffected. If a sale concludes while your tenancy continues, you simply get a new landlord.

d) to end the tenancy the owner/landlord (or new owner/landlord following a sale) must give proper notice. See:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

e) It sounds like you will need to leave at some point, so start looking. If you find somewhere, you will need to give proper notice, though the LL may be agreeable to shorter than normal notice as it would help him sell. Discuss! For your formal notice requirements, read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Thank you - i realise i will have to leave eventually but the letting agent agrees that he's being a bit unfair in the way that he's doing it. letting agent have stated that if i want to give notice it still has to be on the 20th of the month etc so if i don't find something by 20th oct i then can't give notice until 20th nov meaning that i may loose a future property because of this restriction

pinkshoes

You are entitled to quiet enjoyment of your home, so if you do not wish to permit viewings, then just out this in writing to the EA.

I would change the locks (keeping the old one to put in when you leave).

Start looking for somewhwere else to live, and then perhaps agree to viewings if the agent agrees to release you early from your tenancy?

There are always negotiations to be had in situations like this.

Make it clear to the EA selling people that the boiler does not work, a they will need to pass this info on to buyers.

Mallotum_X

Find somewhere and serve your own notice and leave. Let him enjoy the void period.

csgohan4

Don't forget to mention the boiler is broken to prospective buyers, quid pro quo

G_M

dawnie1972 wrote: »

Thank you - i realise i will have to leave eventually but the letting agent agrees that he's being a bit unfair in the way that he's doing it. letting agent have stated that if i want to give notice it still has to be on the 20th of the month etc so if i don't find something by 20th oct i then can't give notice until 20th nov meaning that i may loose a future property because of this restriction

I'm a bit bemused.

The boiler issue is seperate from the sale/viewings/notice issue. You've not said what formal action you've taken to get the repairs done. If you have not taken proper action on this you cannot really hold a gudge against the LL.

Re the For Sale sign - if it's a big deal, write and ask for it to be removed as you are not in the final two months of your tenancy. Sorted.

If you are unhappy about excesive (or any) viewings, write and say so. And change the locks.

If you are unhappy about the notice you have to give when you decide to leave, write to your MP requesting a change in the law.

chris_m

G_M wrote: »

Re the For Sale sign - if it's a big deal, write and ask for it to be removed as you are not in the final two months of your tenancy. Sorted.

I'd just take the darned thing down - but not discard it.