landlord is selling the house

lisylu55

Ok here goes,
My landlord is going through a nasty divorce and the courts have ordered for them to sell off all of theyre tenanted properties over a period of time due to them not agreeing to share/split amicably. Unfortunately now it's my houses turn. I have been in this property for over 10 years so I assume I am on a periodic tenancy as I have never signed a renewal. I don't have a deposit protected by them as it's never been in a deposit scheme and they gave this back to me when the courts ordered that the properties were to be managed by a letting agent due to the landlady harassing most of the tenants including me, so instead of getting new tenancy agreements drawn up at they're cost they gave all deposits back to the tenants and kept us all on rolling contracts (I think). My house has now been 'sold' I say it that way as I was informed by the estate agent that a person who is looking to move in definately wants it but can't sign until we have been evicted and moved out by our current landlord/landlady. So my question is do they have the legal right to evict me just because they are selling the house to a person that wants to move in and not rent it out? I was under the impression that the buyer would become my landlord even just temporarily and would have to evict me? I'm so lost in all this and want to keep one step ahead of the game as these two have been as slippery as eels from day one
Thank you in advance

marliepanda

Sorry but no, you don't need to be evicted by the new buyer. You can be evicted by your current landlord. Any landlord has the legal right to evict any tenant (with some obvious exceptions but you give no indication that you fit any of those)

What gave you the impression that would happen? You could have simply got a new landlord if the buyer wanted that, but, they do't, and they cannot buy the house without 'vacant possession' which, as indicated by the agent, means without you in there.

Have you been served with notice? You still need to be given 2 months notice, and even then you could stay on and force court eviction, however, its simply delaying the inevitable.

(not 100% sure why you mentioned the deposit, but you no longer have a 'deposit' so anything about deposits is irrelevant...)

Slithery

Your current landlord can apply to the courts to evict you whether they're selling or not. As long as they follow the legal procedure there's nothing you can do.

theartfullodger

Selling the place does not end your tenancy nor require you to leave. The new owner merely becomes your new landlord, even if outside with his family and removal can.

Until landlord serves notice - probably s21 or S8 do nothing. But eventually even the most stupid Landlord (current or new) will get you out.

marliepanda

theartfullodger wrote: »

Selling the place does not end your tenancy nor require you to leave. The new owner merely becomes your new landlord, even if outside with his family and removal can.

Until landlord serves notice - probably s21 or S8 do nothing. But eventually even the most stupid Landlord (current or new) will get you out.

Considering the agent has quite clearly spoken about the buyer needing vacant possession, this isnt going to happen and may muddy the waters with what the OP already thinks...

[Deleted User]

If your landlords are so busy fighting with each other, they probably aren't doing anything right (although this is supposition).

The buyer should have 'vacant possession' which means you already evicted. Normally a mortgage company demands this, but judging by the posts on here that doesn't always happen. Your house may even have a cash buyer.., we don't know. Or they may have a mortgage company who isn't as on the ball with vacant possession.

But I assume you haven't yet been issued a S21 Notice? If not.., you have at least 3 months before you have to leave.., probably a lot longer depending on waiting times in the local courts. If you don't leave by the end of the notice, the LL or new owner should apply for a possession order. This will take at least another month/six weeks possibly a lot longer as explained before. Then they have to get a bailiffs warrant to actually evict you from the house.

In my case it took four months.., it can take a lot longer. BUT I had to pay the LL for the court costs and that is about £500 now I believe for the two lots of court fees. So bear this cost in mind.

It is only really worth you hanging on til the very end if you have no choice but to ask for social housing (and to be able to do this you need to be in a vulnerable group or have children under 18). Council's will often say they will find you voluntarily homeless unless you have gone through this process and been officially evicted.

Problem is, you are getting your information from the LA, not the LL's so you can't be sure what is going on. I know this is really stressing.

This link will provide you with more information on the eviction process if what I've written doesn't make sense https://england.shelter.org.uk/housing_advice/eviction

BUT until the S21 notice is handed to you.., you can't really be certain of anything which is an awful position to be in. That will let you know what their intentions are and to start looking for alternative accommodation, unless you have already started because of the uncertainty. Will you be able to find an alternative private rental?

If you do find somewhere (I hope you do), you only need to give a month's notice. You may be able to negotiate less time as the LL's are in the position they are.

theartfullodger

marliepanda wrote: »

Considering the agent has quite clearly spoken about the buyer needing vacant possession, this isnt going to happen and may muddy the waters with what the OP already thinks...

Thanks: Regardless of what any agent says, the legal position remains: Unless there is a court-sanctioned bailiff eviction the tenant does not have to go & the tenancy does not end - ( unless tenant agrees to go). What the buyer "needs" does'nt change that, only a court can. Change of ownership does not change that. So my earlier assertion is still correct:

Selling the place does not end your tenancy nor require you to leave. The new owner merely becomes your new landlord, even if outside with his family and removal van.

(typo corrected).

Marlie: Unless you can of course point us at some law saying otherwise? £25 to an agreed housing charity if you can!

Of course, nothing to stop vendor or buyer "encouraging" tenant to go, for money. When my son & his fellow-house-mates had an invalid s21 from a big london agent & no court case even started this is exactly what happened: In tenant's shoes I'd be wanting £5k+

Silly vendor for not sorting this out, months & months ago.

Incidentally the timescale, should a tenant dig heels in (as they are absolutely entitled to do, as per. Thatcher's 1988 Housing Act) is 40+ weeks....

marliepanda

theartfullodger wrote: »

Thanks: Regardless of what any agent says, the legal position remains: Unless there is a court-sanctioned bailiff eviction the tenant does not have to go & the tenancy does not end - ( unless tenant agrees to go). What the buyer "needs" does'nt change that, only a court can. Change of ownership does not change that. So my earlier assertion is still correct: (typo corrected).

Marlie: Unless you can of course point us at some law saying otherwise? £25 to an agreed housing charity if you can!

Of course, nothing to stop vendor or buyer "encouraging" tenant to go, for money. When my son & his fellow-house-mates had an invalid s21 from a big london agent & no court case even started this is exactly what happened: In tenant's shoes I'd be wanting £5k+

Silly vendor for not sorting this out, months & months ago.

Incidentally the timescale, should a tenant dig heels in (as they are absolutely entitled to do, as per. Thatcher's 1988 Housing Act) is 40+ weeks....

I do not disagree that your assertion is correct. However, as it is 'similar' to the incorrect idea the OP has I felt it may cause further confusion, as although that MAY happen, a half decent lawyer/mortgage company wouldn't allow it to happen and the agent has already indicated as such that they need OP out.

So, obviously you're not wrong, no bets on that, but I just thought it could be easily misinterpreted into the OP's version of 'what is going to happen.'

lisylu55

When I researched online about my situation there wasn't a lot out there regarding a person buying a house which is already rented and the procedures for this. I was basically stumbling through all the available info and some of it was in my favour saying they couldn't evict me just because they are selling the house and some other sites were saying they could hence why I have asked for advice on here
I haven't been served with a section 21 notice yet we are currently awaiting that. I have called the letting agent and have been faced with that they are out of the office at the moment and will call you....I'm still waiting for that call.
I mentioned the deposit because I wasn't sure if this is the proper procedure and if when I get the section 21 if it would void it as I know this is a condition of a legal section 21 being served. As I said before these two have been as slippery as eels for many years ie gas safety checks not being carried out for 9 years, no fire alarms, no carbon monoxide monitor, increasing the rent without following procedure etc. I am trying to arm myself with all the info I can to delay the process or slow it down as I have two scared children wondering if they will have a home to come back too after school one day or for christmas. Obviously I have told them no matter what we will be ok and tried to reassure them as much as possible but they know we are struggling with it all and no matter what I can't stop it indefinitely (I so wish I could).
I have informed the council and they have placed me on bronze band until I have the section 21 served upon me then they will push me further up the line hopefully they can help me. I don't want to hang on til the very end I want security and a home for my kids but if I need to I will. I have been looking online through estate agents daily etc for a house to rent I have advertised in every shop possible,I don't want to prolong this I don't want to cause trouble for anyone but it seems like the impossible trying to find a house in the area. I have exhausted all options available to me at the moment I just hope and pray that something comes up

marliepanda

lisylu55 wrote: »

When I researched online about my situation there wasn't a lot out there regarding a person buying a house which is already rented and the procedures for this. I was basically stumbling through all the available info and some of it was in my favour saying they couldn't evict me just because they are selling the house and some other sites were saying they could hence why I have asked for advice on here Unfortunately you can be legally evicted, as long as processes are followed, at any time. The sale isnt particularly relevant to it.
I haven't been served with a section 21 notice yet we are currently awaiting that. I have called the letting agent and have been faced with that they are out of the office at the moment and will call you....I'm still waiting for that call. A section 21 is part of the legal processes, so currently you are not on notice to leave, so have over 2 months left when you can be looking for alternative accommodation.
I mentioned the deposit because I wasn't sure if this is the proper procedure and if when I get the section 21 if it would void it as I know this is a condition of a legal section 21 being served. If you HAD a deposit, and it wasnt protected then indeed, a section 21 couldnt be served, but you have your deposit back, so this is irrelevant now.
As I said before these two have been as slippery as eels for many years ie gas safety checks not being carried out for 9 years, no fire alarms, no carbon monoxide monitor, increasing the rent without following procedure etc. A bit late now, the gas safety is bad but you havent done anything about it for 9 years, carbon monoxide Im not sure is required. If you paid increased rent, then thats the procedure. Whilst they are procedures to increase rent its also totally fine to say 'can you please pay £50 more' and for the tenant to simply do it. If you did it, then you cant now object to it.
I am trying to arm myself with all the info I can to delay the process or slow it down as I have two scared children wondering if they will have a home to come back too after school one day or for christmas. Obviously I have told them no matter what we will be ok and tried to reassure them as much as possible but they know we are struggling with it all and no matter what I can't stop it indefinitely (I so wish I could). You can string this out for a while, the section 21 gives you 2 months and then you can wait to be properly evicted through a court (as mentioned though, thats going to add court costs) and then you end up having limited choice of where to move and having to move NOW. Its a better use of your time to start looking for a nicer place, maybe negotiate a financial settlement with your landlord? But to move at your own pace rather than being chucked out because you strung it out for as long as possible. January would be a good aim, its unlikely to be done before Christmas. Honestly why youre children know that 'they may come home and have no home after school' is down to how you are relaying the information. You are panicking them in how you are speaking to them about this. Moving house is not a scary thing, not if you dont make it scary...
I have informed the council and they have placed me on bronze band until I have the section 21 served upon me then they will push me further up the line hopefully they can help me. I don't want to hang on til the very end I want security and a home for my kids but if I need to I will. I have been looking online through estate agents daily etc for a house to rent I have advertised in every shop possible,I don't want to prolong this I don't want to cause trouble for anyone but it seems like the impossible trying to find a house in the area. I have exhausted all options available to me at the moment I just hope and pray that something comes up This is at odds to your last paragraph but this is the best way to go. Find yousrelf somewhere new on your own terms,
because at some point in the next few months, youre home will no longer be yours, and Im sorry about that

My comments in red.

lisylu55

This is why I wanted advice I need to know what can be done I know eventually I am going by to have to admit defeat in this and the eviction will be completed but I needed to know if they are doing this properly and not trying to cut corners etc. I'm well aware that I have 2 months notice once the section 21 is served and like I have stated before I have been looking like crazy every day to find new accommodations for us. I know the gas safety check etc is irrelevant now but I was trying to elaborate on just how snidey these two can be so that you get my concerns about the eviction being maybe pushed through or tried to be pushed through quicker or illegally, they will cut corners on everything they can.
What annoys me in this is that I'm made out to be the bad guy I'm the one that's being 'awkward' no I'm the one that has been instructed by the council that no matter what I have to string it out as long as possible so I 'may' have a chance at getting a house! Not to mention if it goes to court I have to fork out for the court costs yet it's the council that will have practically forced me down this route if I don't find alternative accommodation! There is simply not enough housing to meet demands
Like I have said I am exhausting all options,private let's, estate agents and council I can't find something that isn't there :mad: but I will continue to scour the Internet and call every landlord known to man in my area.
I have sat my kids down several times and explained what is going on yes I may be stressed about the situation but I certainly don't depict it as a horror scene. I have told them that we will have to move and that we are looking etc I haven't said we will be out on the streets etc! They know what's coming and are aware of this but just like any child their imagination goes into overdrive and no amount of talking is going to change that.