Regulated tenancy - right to first refusal

scouseywousey

Hi,

I have a regulated tenancy and my private landlord is selling the property. We have been in the house since 1987, and will be staying regardless of who buys it. We weren't offered the property and it is going up for auction. We would like to buy the property and can afford to do so at the guide price. Although I've submitted an offer to the estate agent, I've been told there has already been some offers above the guide price. (I find this very hard to imagine as nobody has even viewed the house!)

Anyway, I was wondering if I had the right to first refusal? I know this is the case for flats, but do I have any rights as living in a house?

Thanks!

nomoneytoday

Even if you had "first refusal", wouldn't a higher offer trump it anyway?

scouseywousey

Thanks for the replies. We have never had any problems and the tenancy means we can stay, it's a regulated rent tenancy which means the rent can't really adjust and the tenancy can be passed on to family who live there. Which means we are entitled to stay, our tenancy isn't under threat. We would just like to buy the house, and I've read that you have the legal right to first refusal if we were in the same position in a flat. I can't find anything for the same legal rights living in a house. I was wondering if anyone had come across it before?

scouseywousey

I believe first refusal means it would go to the highest bidder only if we didn't meet the valuation.

BJV

We looked at buying a property with a regulated tenancy recently and while we did not ( too much hassle ) the EA advised us that there are lots of ways to increase the rent. improvements where just one. The house had been passed down to a family member and the rent was way under market value.
http://england.shelter.org.uk/housing_advice/private_renting/regulated_tenanciesIt did not feel right to us so we walked away.

So sorry but I would not presume that you will be able to stay on the same terms. The new owner will have the right to increase rents but they will have to be fair and in line with the local market.

scouseywousey

Thanks, our rent has been registered through fair rents and we have been advised that the rent can pretty much only increase by the rate of inflation without both parties cancelling the registration, which we wouldn't do. Obviously our preferred option would be to buy the property though without having to deal with any hassle of any potential fight over rent increases.

BJV

Do you know who owns the property???? You could try and contact them direct? Nothing ventured etc.

scouseywousey

BJV wrote: »

Do you know who owns the property???? You could try and contact them direct? Nothing ventured etc.

We actually don't, it's been a bone of contention for years. we know it's in a trust and we only have the accountants details, that was going to be the next step if we get a rejection through the estate agents, try and contact the accountant.

45002

Hi scouseywousey im a fellow regulated tenant myself who been thought 2 sales and on my 3rd LL, maybe able to advise you a bit....

scouseywousey wrote:

Hi,

I have a regulated tenancy and my private landlord is selling the property. We have been in the house since 1987, and will be staying regardless of who buys it. We weren't offered the property and it is going up for auction. We would like to buy the property and can afford to do so at the guide price. Although I've submitted an offer to the estate agent, I've been told there has already been some offers above the guide price. (I find this very hard to imagine as nobody has even viewed the house!)

Anyway, I was wondering if I had the right to first refusal? I know this is the case for flats, but do I have any rights as living in a house?

Thanks!

If the property is sold to a New LL, your rights as a Regulated Tenant would continue as set out under 1977 Rent act.

scouseywousey wrote:

Thanks for the replies. We have never had any problems and the tenancy means we can stay, it's a regulated rent tenancy which means the rent can't really adjust and the tenancy can be passed on to family who live there. Which means we are entitled to stay, our tenancy isn't under threat. We would just like to buy the house, and I've read that you have the legal right to first refusal if we were in the same position in a flat. I can't find anything for the same legal rights living in a house. I was wondering if anyone had come across it before?

Regulated tenants, have right to buy under certain circumstances

The right of 1st refusal-part 1 of landlord and tenants act 1987(as amended by housing act 1996)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11445/138295.pdf page 43

But there must be 2 property's owned by the same LL on sale and have regulated tenants in place for you to have the right to buy in law.

You do not have the right to buy IMHO


Nothing stopping you putting a offer in to the LL or trying to buy at auction....

Guest101

Indeed, but a tenancy from 1987 wouldn't magically become an AST. - just felt you were being negative when the reality is it's unlikely to happen

antrobus

scouseywousey wrote: »

Hi,

I have a regulated tenancy and my private landlord is selling the property. We have been in the house since 1987, and will be staying regardless of who buys it. We weren't offered the property and it is going up for auction. We would like to buy the property and can afford to do so at the guide price. Although I've submitted an offer to the estate agent, I've been told there has already been some offers above the guide price. (I find this very hard to imagine as nobody has even viewed the house!)

Anyway, I was wondering if I had the right to first refusal? I know this is the case for flats, but do I have any rights as living in a house?

Thanks!

Turn up at the auction and place your bid.

Otherwise I'm sure that if you made an offer for the property at it's open market value (without a regulated tenancy) the owners would be more than happy to proceed.