New owner wants to change tenancy agreement I signed only a week ago! HELP!

mmmmmchellebelle

Pixie5740 wrote: »

The letting agent is either living or ignorant. You do not have to sign a new tenancy agreement just because your landlord has changed. My money is on the agent having eff'd up by offering you that new tenancy agreement in the first place and are now trying to back pedal.

From what you describe it sounds as though whilst you've signed a 24 month contract there might be a 6 month break clause meaning you could be evicted sooner than you think. That's something to consider whilst deciding what you're going to do.

I was wanting to move ultimately anyway. I guess if the landlord wants to end the agreement earlier it says he must serve me at least 2 months written notice but it also says he cannot do that until 6 months after the TA commences. So thinking the worst I could have maximum another 8 months here if he wants to be a :exclamati? I know this for sure if they attempt to send me out another contract I will be going through it with a fine tooth comb before signing anything. Or if I refuse to sign, I best start saving to move in 8 months time

Marktheshark

If the flat has been sold the contract would have had to have been brought to the full attention of the new owners.
If it was then it would be valid, if not then it is non disclosure of material facts appertaining to a forwarding condition.
This can be ruled no contract by a court and any claim you have will be against the old landlord not the new owners.

Pixie5740

Marktheshark wrote: »

If the flat has been sold the contract would have had to have been brought to the full attention of the new owners.
If it was then it would be valid, if not then it is non disclosure of material facts appertaining to a forwarding condition.
This can be ruled no contract by a court and any claim you have will be against the old landlord not the new owners.

Tosh. It's up to the new landlord to do his due diligence when buying a tenanted property before signing on the dotted line. In no way, shape or form will the OP's tenancy agreement be ruled no contract.

Marvel1

I will warn , ensure when you move out the place is spotless, video every inch and get a timestamp in it like a newspaper, as they will attempt to get the missing increase rent from the deposit, and you need to fight it.

Also if anything needs repairing, write pen and papaer, copy to yourself and with proof of postage, any follow ups also if they ignore the first one, as you may be blamed when you move out.

I suggest editing your first post to include this 6month clause thing as this is vital to people giving correct advice.

mmmmmchellebelle

cjdavies wrote: »

I will warn , ensure when you move out the place is spotless, video every inch and get a timestamp in it like a newspaper, as they will attempt to get the missing increase rent from the deposit, and you need to fight it.

Also if anything needs repairing, write pen and papaer, copy to yourself and with proof of postage, any follow ups also if they ignore the first one, as you may be blamed when you move out.

I suggest editing your first post to include this 6month clause thing as this is vital to people giving correct advice.

Have added information about the 6 months clause. This place will be spotless when I leave, carpets etc will be cleaned, the original curtains (which were in terrible condition) I have kept stored away. The uplighters on the lights in each room were in terrible condition when I moved here and have since been replaced with better quality ones, these I will leave in place.

But I will make sure everything is recorded, photos/videos etc, thank you for the advice

theartfullodger

You have a new tenancy. The new owner is bound by it. He cannot force you to sign any new tenancy or agree to any changes or sign any forms accepting anything.

The new owner on the other hand MUST write to you with who he is, his real address (where ever it is in the world) and an address in England or Wales (or rent is not due!!). If he fails to do this soon enough (? 2 months??) he has committed a criminal offence.

So sit back do nothing, see what he does.

To check or confirm advice 'phone Shelter the housing charity 0808 800 4444 - they are open weekends - see
http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

PS I am a landlord and have purchased a house with tenants in it so understand a little about the process....

Best wishes..

G_M

The new owner is now your landlord and is bound by the existing tenancy agreement.

He should have known this when he purchased the property.

No new agreement is needed.

If you and the new owner both want a new contract, you are of course free to sign one, with whaever rent, or other conditions, you agree. But it must be mutual agreement.

Continue to pay the existing rent, to the existing person /agent/ bank account until advised in writing to change the recipient of your rent. See:
Landlord & Tenant Act 1985 S3:

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)..........

(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.

(3B)In subsection (3A) “the relevant period” means the period beginning with the date of the assignment and ending with the date when—

(a)notice in writing of the assignment, and of the new landlord’s name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or

(b)notice in writing of the assignment, and of the new landlord’s name and last-known address, is given to the tenant by the old landlord,

whichever happens first.

Mallotum_X

You don't need to sign a new contract, the old one is perfectly valid for the new owners.