owner selling the property i just started renting

Pixie5740

glentoran99 wrote: »

why is it dishonest?

The selling of the property is news to the OP. A more honest landlord would have been upfront about the possibility of the property being sold before the OP had to fork out a heap of fees to the letting agency as well as moving costs. Not only that but the OP has been there less than a month and will now have to endure viewings until an offer is made and accepted. That's disruptive and a more honest landlord would have given a tenant the heads up.

ThePants999

Pixie, it seems pretty likely to me that the landlord didn't KNOW they'd be selling the property at the time. If they did, they surely wouldn't have granted a 12 month AST!

G_M

Check your tenancy agreement.

1) is there a 'Break Clause'? If so, what does it say? Typically in a 12 month contract this would allow either party to end the tenancy at or after 6 months subject to notice.

2) is there a clause related to viewings? What does it say?

If there is no Break Clause, then as others have said, neither your current landlord, nor any new owner/landlord, can evict you before Dec 17 without good reason (eg rent arrears).

Pixie5740

ThePants999 wrote: »

Pixie, it seems pretty likely to me that the landlord didn't KNOW they'd be selling the property at the time. If they did, they surely wouldn't have granted a 12 month AST!

Aye right.

Maybe they granted a 12 month AST with a break clause, we don't know. Maybe the LL is totally clueless and didn't realise it would be a problem. Maybe the landlord is one of those that we see time and time again on the forum who want to have their cake and eat it.

Surely you've seen the thread from the other day. A tenant is 4 months into a 12 month AST and the property is now up for sale on RightMove with no mention of tenants in-situ or only being suitable for investment buyers.

scriv

You can't say that the landlord is being dishonest by not saying that the property could be sold, as he may not have known himself at that point.

I only decided to put my property up for sale when the tenant was 2 months into the AST and hadn't even considered selling it at the time the tenant had signed up.

simonmt1981

thank you all for your responses. it has definitely made me feel a little better knowing I should hopefully have the best part of the year to save a little in case another move is on the cards (although I hope that doesn't happen)

having read through my tenancy agreement again there is a section for a break clause however it appears to only come into effect after the 12 month period. its says as follows -


"2.5 Break Clause

2.5.1 This agreement creates a single tenancy that starts with a fixed term and then becomes periodic. This would normally guarantee both parties the rights and obligations for the fixed term and a minimum of one period. The following two clauses allow either party to terminate the agreement earlier than that date, but not before the end of the fixed term (the date quoted in 1.6.1 as "to and including (date)"). - the date this is referring to is 1st December 2017


2.5.2 The Landlord may bring the tenancy to an end at, or any time after, the expiry of the fixed term by giving to the tenant at least two months' written notice stating that the Landlord requires possession of the property. A notice under section 21 of the housing act 1988 will suffice to implement the sub-clause.


2.5.3 The Tenant may bring the tenancy to an end at, or any time after, the expiry of the fixed term by giving the Landlord at least one month's written notice stating that the tenant wishes to vacate the property. A letter will suffice to implement this sub-clause. While the tenancy is periodic the one month's notice written notice must expire the day before the rent due date."




If I'm reading this correctly then even with the break clause we would at least have until December before we would have to leave? (assuming the new owner would want us to at all.)

simonmt1981

As for viewings it does say I have to allow viewings but they will give me 24 hours notice and it will be in the daytime so that doesn't actually bother me. Im really only worried about having to move again so soon, or at all to be honest as we are very happy in this new flat

scriv

You seem well protected by that agreement, simonmt, just as my tenant was.

I arranged viewings with my tenant in situ and yes, you are obliged to get 24 hours notice.

I fully appreciated that viewings were disruptive to him and tried to make them as least disruptive as possible - and thanked him very much afterwards.

We are not all horrible landlords...;)

Guest101

That 'break' clause is terrible.


The fixed term ends and that is it. You can leave. You don't have to give notice. It's not a break clause at all (..... ing amatuers)

G_M

As guest says, that is not a Break Clause, and describing it as one is...... bizar!

A Break Clause means a clause premitting the fixed term tenancy to be broken ie ended early.

By definition, a tenancy ends when the fixed term ends - a special clause is not needed.

Having said that, you are safe. The wording of that [STRIKE]Break[/STRIKE] Clause makes it clear that neither side can end the tenancy before the 12 months is up (except by mutual agreement of course).