Rented flat in Forced Sale - advice please

tim123456789

Sarah_81 wrote: »

My contract says I should give 1 month notice. After the 6 month fixed term it was supposed to go onto a rolling contract.

It may say that, but it's unenforceable

a tenant may leave with no notice on the expiry of the fixed term and there's nothing that the LL can put in the agreement to change that

itchyfeet123

tim123456789 wrote: »

It may say that, but it's unenforceable

a tenant may leave with no notice on the expiry of the fixed term and there's nothing that the LL can put in the agreement to change that

Of course this applies to the fixed term only; once it goes month to month then notice is required.

scriv

Sarah, whatever you do, please do not buy this property. There are far too many dubious leasehold issues and links attached to it, as you have already discovered and these will not go away.

G_M

Sarah_81 wrote: »

Hi
I signed a 6 month contract for a flat on 30th November 2016.

Ignore the erroneous advice in some posts above.

1) You cannot leave before 29th May 2017 (unless your new landlord agrees)

2) To leave on 29th May you do not have to give any notice. Your contract is for 6 months and when 6 months is up, your contract ends, notice given or not.

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?


3) If the bank has taken over the property, read:
* Repossession: what if a LL's mortgage lender repossesses the property?

Note that if the sale is forced as a result of repossession (see link above) then your tenancy is only secure if any lender (morgage) had permitted/approved the tenancy (CTL/BTL). Otherwise see link above.

4) If the owner/landlord has died, the Executers or Administrators of the Estate are now the landlords and the tenancy continues unchanged (see link in 2) above). However, you should be informed in writing (Landlord & Tenant Act 1985 ( S3)

Sarah_81

Thank you all - no I do not intend to buy it as it will just be too expensive once all the extra charges are added on; charges that will only increase too. So not only will it be more expensive than renting it but I'll have the burden of repairs etc as well.

If the solicitor offers me an incentive to move earlier than my 6 month contract I may well taken them up on it as I would really like to try and settle (I was in my last place for 6 years and only moved due to the teeny tiny size, and issues with a new neighbour in the flat next door)

If they do let me stay for the 6 month term I will 'give notice' at end of April just so they know exactly that I will be vacating. It may not be necessary as such, but it is polite 'heads up'

I am hugely disappointed as I thought this was a great move, and if it was freehold I may very well have taken up my parents offer of gifting me the deposit to buy. But with the ground rent clause it is just not worth it, when I bring in a modest wage.

AnotherJoe

Forget being polite. They may offer you money for leaving after your fixed tenancy has elapsed because it can be difficult and costly to get rid of tenants. They dont have any option but to let you stay for the six month period. The only reason for you to give notice would be if you found another place.

Sarah_81

Hi
Thank you so much for the replies, they are very helpful

I do not wish to stay now past the 6 month term as I don't want to be constantly waiting for the letter telling me to move, or having people traipse in and out viewing the place for goodness knows how long.

I will start looking for somewhere new in April, hopefully this will give me enough time to sort somewhere before the tenancy here ends. I won't be staying past the 6 months (the LA has advised this is 'doubtful' to do anyway)

kinger101

Sarah_81 wrote: »

Hi
Thank you so much for the replies, they are very helpful

I do not wish to stay now past the 6 month term as I don't want to be constantly waiting for the letter telling me to move, or having people traipse in and out viewing the place for goodness knows how long.

I will start looking for somewhere new in April, hopefully this will give me enough time to sort somewhere before the tenancy here ends. I won't be staying past the 6 months (the LA has advised this is 'doubtful' to do anyway)

Does your contract contain a clause that allows potential buyers to view the property? Even if it does, they need to do this in a way that's reasonable. E.g. at least 24 hours' notice and a times specified by you. Work out what you think is reasonable.

If there is no such clause (or it relates only to new tenants), I'd either refuse or demand a nice sum of money for each viewing.

Sarah_81

My contract does not state about viewings, the letter from the solicitor on behalf of the bank selling does mention viewings.

My contract states there must be at least 24 hours notice given to enter unless it is a repair emergency. The solicitor letter asks to be 'available' for viewings but no days/times are specified.

I have already been in touch with the solicitor working for the bank and have explained I work full time Mon-Fri and don't get in til around 6pm.

If there were any viewings needed I would try to be reasonable about it but I am not letting it happen every night and all weekend. My contract also states I am entitled to 'peaceful enjoyment' of the flat.

When the viewings are necessary I was thinking of maybe 2 evenings a week and maybe a couple of hours on a Saturday? I think that is more than fair. Although to be honest, with this ground rent clause I would be shocked if there were a lot of interest

G_M

You need to be clear, in writing, what viewings you will facilitate and what you won't.

From your post above, the solicitor is likely to instruct the estate agents that viewings are fine in working hours as you'll be at work so will not be disrupted. They have a key I imagine?

If you are happy with this, fine. But if you want to be present during viewings, you need to say so.

ps - everyone is entitled to 'quiet enjoyment', it's a legal right. However it does not give you carte blanche to deny access; it's a question of reasonableness on both sides.