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Shared ownserhip LL selling property and wants us out
rockford16
Posts: 4 Newbie
Hello,
We have recently discovered that our LL is actually renting out their shared ownership property. We have an AST with the LL on a periodic tenancy. The LL wants us to leave, but has not sent a Section 21. They do not live in the property, they have lived abroad for over 5 years now, and had rented the place out to tenants before us.
We don't know if the LL has permission to rent out their property from the Housing Association, unlikely as it's usually granted short-term.
They have instructed the Housing Association to sell, and a valuation has been done. We are concerned as soon as the flat is 'sold' from our LL to the HA or new shared owner, we will be kicked out any day.
Do we have the right to have a Section 21?
Or when the LL sells, does their right to let out the place end and our tenancy with it?
Or if they did not have permission to rent out the property where does that leave us?
Any replies/advice gratefully received.
We have recently discovered that our LL is actually renting out their shared ownership property. We have an AST with the LL on a periodic tenancy. The LL wants us to leave, but has not sent a Section 21. They do not live in the property, they have lived abroad for over 5 years now, and had rented the place out to tenants before us.
We don't know if the LL has permission to rent out their property from the Housing Association, unlikely as it's usually granted short-term.
They have instructed the Housing Association to sell, and a valuation has been done. We are concerned as soon as the flat is 'sold' from our LL to the HA or new shared owner, we will be kicked out any day.
Do we have the right to have a Section 21?
Or when the LL sells, does their right to let out the place end and our tenancy with it?
Or if they did not have permission to rent out the property where does that leave us?
Any replies/advice gratefully received.
0
Comments
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I thought you couldn't rent out a shared ownership property unless you own 100%, I would speak to the housing association to warn them.:exclamatiScams - Shared Equity, Shared Ownership, Newbuy, Firstbuy and Help to Buy.
Save our Savers
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Whether the landlord should be renting or not doesn't affect you greatly - your tenancy is still dependent on a proper termination. Until and unless the proper hoops are jumped through, you can't be forced to leave.
But I'd definitely start looking for somewhere, because those proper hoops will be being lined up very soon.0 -
Your LL might not have permission to let the property from either the HA or the mortgage. That doesn't make your contract, your tenancy, any less valid. To end the tenancy either you need to serve notice or your landlord has to serve a Section 21 (which is only notice that your landlord might go to court to get an eviction order it by itself does not end your tenancy), get an eviction order and then if you still don't leave get bailiffs to remove you.
If it's a SO property your landlord probably can't sell to another LL with tenants in-situ so he'll need you gone before any sale can complete. That might put you in a strong negotiating position but sooner or later you will need to leave.
Does your TA have an address in England or Wales for the serving of notices?0 -
Thanks all for your helpful responses.
The TA has my address (the flat the tenancy is on, in England), and the LL address (in Europe).
On the point about not being able to rent out unless 100, the LL has 40% and I reckon they do not have permission, guidance here from another Housing Association is clear. We have definitely been charged rent above the cost to the LL.0 -
You don't need to pay any rent until you have an address in England where the LL can be contacted (serve notice on)0
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It doesn't really matter if your LL has been charging you more rent than he has been paying the HA. The amount of rent you pay is between you and your landlord, and the the amount of rent he pays to his landlord is between him and them, landlords tend to let property for profit. However, if your LL has not supplied an address for the serving of notices which is in England or Wales then under the Landlord & Tenant Act 1985 you can withhold your rent until such an address is provided.
What would you like to happen OP? Sure, your LL probably shouldn't have been letting the property out but with a periodic tenancy it isn't that difficult for the landlord to evict you. Did you pay a deposit and was it protected?0 -
It might be a very good idea to start to look for somewhere else to live. You know that you have at least 2 months to do this so starting now might give you more time. Someone is going to give you notice eventually and you will have to leave. You will not be allowed to stay in this property so rather than spending time wondering about the time you have left get going on looking for somewhere else to live. There is nothing to stop you from giving notice that you are moving out.0
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It might be a very good idea to start to look for somewhere else to live. You know that you have at least 2 months to do this so starting now might give you more time. Someone is going to give you notice eventually and you will have to leave. You will not be allowed to stay in this property so rather than spending time wondering about the time you have left get going on looking for somewhere else to live. There is nothing to stop you from giving notice that you are moving out.
Well there is, the obvious- where would they give notice?0 -
Well there is, the obvious- where would they give notice?
I think what I would do is to send it to the landlord's address on the tenancy agreement. I know it isn't in the UK but I don't think the landlord would make a fuss because they are already going to be in trouble with the housing association.0 -
Who do you pay rent to and who pays the tax ? If things are not being done correctly you could end up with a tax bill. If things are not as they should be you need to stop paying rent and speak to shelter for starters.
https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad
http://www.rla.org.uk/landlord/documents/useful/doc_S48_LandContDet.shtml0
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