Is it legal....

badger2016

.... To advertise a property to rent as "longterm" when it is on the market for sale? They intend to put a break clause in the contract but obviously aren't stating that on the advert so not to put people off.... Is that legal??

AdrianC

It may well be that, if they find a suitable tenant, they'll remove the property from sale.

But the perennial question with "long term rental" - what length fixed period is being offered for the tenancy?

Comms69

badger2016 wrote: »

.... To advertise a property to rent as "longterm" when it is on the market for sale? They intend to put a break clause in the contract but obviously aren't stating that on the advert so not to put people off.... Is that legal??

Yes it's legal. In anycase it's far more risky for the landlord than the tenant. Once a tenant moves in they're there for atleast 10 months.

badger2016

So I'm currently renting it.
I've handed in my notice because of various problems with them and it's for sale.
It's on Rightmove as a long term rental.
I don't know where u got "at least 10mths"from... My understanding is all depends on the contract.
Mine has a break clause after 6mths allowing either party to give 2mths notice to end the tenancy early.
Apparently they're intending to put a break clause in from day one and advise that it's on the market.
But if from day one you have 2mths notice potentially it isn't long term. And surely that's misleading?

AdrianC

badger2016 wrote: »

I don't know where u got "at least 10mths"from...

Can't start to take possession proceedings until after minimum six months after the start of the tenancy.
The proceedings are likely to take around four months.

My understanding is all depends on the contract.
Mine has a break clause after 6mths allowing either party to give 2mths notice to end the tenancy early.
Apparently they're intending to put a break clause in from day one and advise that it's on the market.
But if from day one you have 2mths notice potentially it isn't long term. And surely that's misleading?

They can't begin to enforce possession under an AST before 6mo.

It's quite simple. If somebody doesn't like the terms, they should find a different property.

You're moving out, let this be somebody else's problem. Don't waste your time, effort and blood pressure on being that wannabe vigilante.

getmore4less

badger2016 wrote: »

So I'm currently renting it.
I've handed in my notice because of various problems with them and it's for sale.
It's on Rightmove as a long term rental.
I don't know where u got "at least 10mths"from... My understanding is all depends on the contract.
Mine has a break clause after 6mths allowing either party to give 2mths notice to end the tenancy early.
Apparently they're intending to put a break clause in from day one and advise that it's on the market.
But if from day one you have 2mths notice potentially it isn't long term. And surely that's misleading?

It depends on the courts.

If the tenants wants to stay, the landlord would have to go to court to evict whatever the contract says.

eddddy

badger2016 wrote: »

.... To advertise a property to rent as "longterm" when it is on the market for sale? They intend to put a break clause in the contract but obviously aren't stating that on the advert so not to put people off.... Is that legal??

It's legal to advertise a property for rent and for sale in parallel (and then decide whether to rent or sell based on the offers received).


But you seem to be saying that you think the advertising is misleading in some way. If so, you can report it to the advertising standards authority.

Also, Letting Agents must abide by 'The Consumer Protection from Unfair Trading Regulations'. So they would be committing an offence if they omit to tell you any 'Material Information'

A website explains:

The CPRs also prohibit the omission of material information provided to consumers if that omission could cause the consumer to take a transactional decision they would not have taken otherwise. 'Material information' is defined as "information which the average consumer needs, according to the context, to take an informed transactional decision". A 'transactional decision' is not just whether a consumer decides to purchase a property, but could include such things as whether to view a property in the first place.

Link: https://www.businesscompanion.info/en/quick-guides/services/property-descriptions-sale-or-let

Comms69

badger2016 wrote: »

So I'm currently renting it.
I've handed in my notice because of various problems with them and it's for sale.
It's on Rightmove as a long term rental.
I don't know where u got "at least 10mths"from... My understanding is all depends on the contract.
Mine has a break clause after 6mths allowing either party to give 2mths notice to end the tenancy early.
Apparently they're intending to put a break clause in from day one and advise that it's on the market.
But if from day one you have 2mths notice potentially it isn't long term. And surely that's misleading?

Helpfully explained by fellow MSErs - a s.21 cannot be served before 4 months; and is 2 months. Proceedings to evict generally take 4-6 months.


So 10 months

davidmcn

badger2016 wrote: »

But if from day one you have 2mths notice potentially it isn't long term. And surely that's misleading?

I doubt there is a universal definition of "long term" other than probably not "week to week".

caprikid1

".... To advertise a property to rent as "longterm" when it is on the market for sale? They intend to put a break clause in the contract but obviously aren't stating that on the advert so not to put people off.... Is that legal?? "


A tenancy is as long term as the agreement states, whether something is Legal or illegal is irrelevant unless you or someone else is going to spend time and money to enforce it.

[Deleted User]

Doesn't long term usually mean an AST which is anything from 6 months? It's not illegal but it is a bit shady if the landlord doesn't make it clear the property is also being marketed for sale before someone goes to the expense of moving home. It's also a bit daft because if I rented that property and then found out it was for sale I would be be allowing viewings from day 1 of my tenancy.