Tenant's rights when property being sold

FBaby

This is shocking. She really needs to take this up with the agency/landlord and possibly threaten to sue them. Has she ever been in contact with the LL directly? When is the last time she's been in touch with the agency? Did they ever enter the property without permission during the 6 years?

G_M

Some useful suggestions in the tthread, but also some over-the-top reactions.

However unprofessonally the LL/agent has acted, going 'all guns blazing', demanding xyz, and generally 'losing it' rarely improves things.

Yes, stand up for yourself (OP or OP's friend as appropriate!). Learn your rights, find out more about what's happened, and take action to protect yourself.

But I'd advocate doing so calmly. So yes,

* change the lock
* yes, investigate the viewings situation by getting someone to ring requesting a viewing
* write a short polite letter to the LL at the proper address provided, asking about his plans for the property as you've seen the advertisement, and asking for an assurance that he'll contact you if he needs access - I'd say no more than that (though as above, I would change the lock)

* is the selling estate agent the same or a different company to the letting agency? If different they will only have the landlord/seller's say-so on access. They may have been told, here's a key, take some photos then show buyers round. In which case that's what they'll do and they'll be totally innocent of any of this. Indeed, even if it's the same company, the sales dept may have assumed, or been told, that the LL has spoken to the tenants.

So going off 'half-cocked' is probably premature, and certainly counter-productive.

If the landlord gets too much flak from the tenant he's likely to end the tenancy earlier to simplify the sale, though as gingercordial said above, that depends if the tenancy is in a fixed term or periodic.

sacha28

This genuinely is a friend, I don't see it would benefit me or the forum posters to use a "friend" if it was my situation.

She has pinpointed the pictures as being taken 4 weeks ago, due to a piece of coursework she had left on her coffee table. It was only in place for 2 days prior to submission (she isn't a college student, she's in her 30's).

She has said that she's always been amenable, allowing the LL access as and when he needs it to read meters. It's a cottage, one of 2, that is situated on a holiday park...which is up for sale as a whole. The advert states that the cottages would make ideal owners accommodation, no mention of tenants, and strangely details the 2 cottages as one house with 6 bedrooms however it is 2 separate houses with 2 bedrooms each (although the discrepancy will become apparent upon viewing so a bit silly really).

Thankfully my friend is far more measured than I am and, as yet, hasn't said anything as she wants to get her facts straight before speaking to the LL, she doesn't want to end up on the back foot!

G_M

Well that sounds like it will be of iterest only to an investor, albeit maybe one wishing to also live on his investment (the holiday Park).

That being so, any buyer may very well be happy forr the current tenants tto remain (a steady source of income over and above the holiday park income).

In any event, a buyer will not be getting a normal domestic mortgage (which would have required 'vacant possession ie eviction of the tenants). As it is a business for sale, a business mortgage will be needed.

sacha28

That's good to know G_M, thank you. I have very little knowledge of mortgages having never had, and very unlike to ever have, one. Do you think it's best for her to sit tight?

DELLBOY_2

when does your friends tennancy agreement end ?

sacha28

DELLBOY wrote: »

when does your friends tennancy agreement end ?

The tenancy is now a rolling contract after the initial 6 months.

chappers

sacha28 wrote: »

This genuinely is a friend, I don't see it would benefit me or the forum posters to use a "friend" if it was my situation.

She has pinpointed the pictures as being taken 4 weeks ago, due to a piece of coursework she had left on her coffee table. It was only in place for 2 days prior to submission (she isn't a college student, she's in her 30's).

She has said that she's always been amenable, allowing the LL access as and when he needs it to read meters. It's a cottage, one of 2, that is situated on a holiday park...which is up for sale as a whole. The advert states that the cottages would make ideal owners accommodation, no mention of tenants, and strangely details the 2 cottages as one house with 6 bedrooms however it is 2 separate houses with 2 bedrooms each (although the discrepancy will become apparent upon viewing so a bit silly really).

Thankfully my friend is far more measured than I am and, as yet, hasn't said anything as she wants to get her facts straight before speaking to the LL, she doesn't want to end up on the back foot!

As said change the locks. To be honest if it is a whole holiday park that is up for sale potential purchasers won't worry on initial viewings that they can't get access, their main initial interest will be the park.
I have been through this and been unable to view holiday lets etc when occupied.
That brings up some other interesting questions;
1) is your friend paying CT, if so who to.
2) does the property have permission for permanent occupation or is it registered as a holiday let or even have seasonal occupation restrictions.

At some point your friend will be given notice to quit, if she likes living there I would take a measured approach with the LL as these places can sometimes take years to sell.
Some campsites/holiday parks that were on the market 4-5years ago when we started looking are still unsold, vendors often put these places on the market speculatively, overpriced, before they are actually really ready to sell.

DELLBOY_2

sacha28 wrote: »

The tenancy is now a rolling contract after the initial 6 months.

in which case it can be ended with a months notice i believe .

boliston

DELLBOY wrote: »

in which case it can be ended with a months notice i believe .

2 months..