Rented flat in Forced Sale - advice please

Sarah_81

G_M wrote: »

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.

Thank yo for your helpful replies in answer
1) Yes the management company has a key, but since all my possessions are in this flat I would rather be present when viewings commence.
2) I would never deny them access altogether, but would also not agree to viewings every evening and all weekend. I would like to strike a 'happy medium' whereby I get to enjoy quiet enjoyment but also being reasonable about allowing viewings; 2 evenings a week and Saturday morning for example.

michelle09

What you could also do is ask the Estate Agent to organise open days for viewings. So you'll have a couple of rubbish days with lots of potential viewers traipsing through the house - but keep it to just that period. Around here (London) loads of properties we looked at only had open day viewings so I can't see how they would claim you were unreasonable...

Entirely with you - I didn't let the EA host viewings without us present. We upset the LL slightly because she asked if we didn't trust her (we had a very good relationship with LL - we still exchange cards and they bought us a housewarming gift when we left), it was never her, I just didn't trust the potential viewers!

rtho782

I would tell them to do one for viewings, they can do that after you leave.

Sarah_81

I'm not too worried about upsetting the LL, apparently the Power of Sale process is quite drawn out so the vendor would have known it was on the verge of this when they rented it out to me. The first letter of this happening was sent only 2 weeks after I signed the contract! That does irk me somewhat.

It is being sold on the open market, so it won't guarantee just a new LL.

But the ground rent clause will surely put people off buying it, like it did me.

jamesd

Do discuss with Shelter, if necessary after reading their web site. What you'll be told is that even after the end of the tenancy the landlord must go to court to get you evicted. While you probably won't be able to block that it's likely to take a couple of months from the end of fixed term to eviction order being given and that is likely to give you some time - which you can ask the court for - to leave even then. That gives you some safety margin in getting a new place.

You might also ask the solicitors whether they wish to accept mutually agreed early ending of the tenancy before the end of the fixed term with say one week of notice from you to them if you find a new place to move to before then.

This might save you a few months rent because you don't have to pay it if both parties have agreed to you leaving early. For them this has the advantage of making prospective buyers more sure of hassle and delay free vacant possession, so they are likely to agree. For you it means you can plan to leave as soon as you find a place, cutting the stress for you because you still have the full time if needed, but don't have the rent cost pressuring you to do it as late as possible.

G_M

Sarah_81 wrote: »

Thank yo for your helpful replies in answer
1) Yes the management company has a key, but since all my possessions are in this flat I would rather be present when viewings commence.
2) I would never deny them access altogether, but would also not agree to viewings every evening and all weekend. I would like to strike a 'happy medium' whereby I get to enjoy quiet enjoyment but also being reasonable about allowing viewings; 2 evenings a week and Saturday morning for example.

This is perfectly reasonable, and a far better approach than the responses advising you to take an extreme line (eg " tell them to do one"!).

But make your position clear. ideally via a friendly conversation followed up by a confirmatory letter, or just by a polite but clear letter.

If you get a negative response and suspect the agent will just ignore you ad use his key, consider changing the lock. Keep it to replace when you leave.

Guest101

Sarah_81 wrote: »

Hi
I signed a 6 month contract for a flat on 30th November 2016. On 15th December I got a letter to 'the occupier' from a solicitor on behalf of the bank. The letter said that the bank were exercising their Power of Sale to market the property for sale with immediate effect. I contacted the letting agent as I have no direct correspondence for the actual LL (the contract has the LL name, with their address as c/o the letting agent)

The letting agent assured me I was safe for my fixed term, but that the property was now for sale and to expect viewings etc. They claim they had no idea the flat was being forced sold until I showed them the letter, otherwise they wouldn't have rented it to me. I did look at buying the flat myself at first as it is a lovely place, but once I took into account the ground rent (that doubles every 10 years), the £70 a month service charge, and all the necessary insurance on top, I wouldn't be able to afford it so I am unable to buy it myself.

Therefore I need to know what to do at the end of my fixed term. I have contacted the letting agent to ask but had no response. They have previously told me it is 'doubtful' I can stay past the fixed term (I had asked if I could stay until it sold), so instead of waiting for the letter telling me to move, I have decided to just leave once the 6 month term is up and find somewhere else to settle.

My question is would I still have to give notice if they have told me it is doubtful I could stay past the 6 month term anyway? My contract is due to end 29th May I believe, if I signed for 6 months on 30th November? So I would need to give notice at the end of April?

Thanks for reading!

No notice is required if leaving on or prior to the last day of the fixed term

Sarah_81

Hi
Just an update to say I got a call from the letting agent today, they asked me where I'd gotten the idea of having to leave after my fixed term ends. I told them I asked the Manager of my local branch (a different branch to the letting side) who told me it was unlikely I could stay. They told me if I want to I can still go over into a rolling contract until it is sold, and then if needed would serve me the section 21 (i read into 'if needed' as if bought by a residential buyer?)

Now I'm wondering what to do for the best? If I decide to leave at the end of the fixed term I still have until May to find somewhere, however I would be up against a set date. If I go into rolling, then I can look and just put notice in when I find somewhere, but will probably be scared to check the mail in case the letter is there.

But it would also be nice to stay longer if possible as it is a lovely flat and in a good area, round the corner from my OH and 93 year old grandad.

Best scenario is that another LL buys it, and they don't put the rent up immediately

jamesd

One easy thing to do is start a relaxed search in case anything good comes up.

jamesd

Would you want to buy with the service charge but without ground rent? The reason I'm asking is that the statutory lease extension process eliminates the ground rent. So you could buy and plan to do that in two years, once you have the legal right to do it. Or if the current owner has the right already you could agree for them to do it as part of the sale.