landlord selling property we currently rent.

Whitewolf0158

Hey all.

It's been a while since I last posted but I'm in need of impartial advice. My partner and I are currently renting from an old colleague of hers and it's been quite a good experience, they've been respectful of our privacy but responsive to problems with the property.

Today they've dropped the bombshell that they're intending to sell the property, they've given us first refusal but we're in no position to buy, with everything going on right now we both wanted to hunker down and ride out both covid and Brexit.

Is it jumping the gun to begin looking for another place? They've said they'll try selling the property as let but they'll entertain offers from those intending to occupy the property, I've seen we have certain rights as current tenants but we're a little uneasy about being given to another landlord or having to find somewhere short notice.

Advice appreciated. Or just previous experiences from others would help.

AdrianC

They can either give you notice - s21, once your fixed tenancy term expires - or they sell the house with you as sitting tenants, and your tenancy continues unchanged but for a different landlord.

45002

Have a read of this

https://www.thetenantsvoice.co.uk/advice_from_us/landlord-selling-property/

https://england.shelter.org.uk/housing_advice/eviction/eviction_notices_from_private_landlords

[Deleted User]

Whitewolf0158 said:

Hey all.

It's been a while since I last posted but I'm in need of impartial advice. My partner and I are currently renting from an old colleague of hers and it's been quite a good experience, they've been respectful of our privacy but responsive to problems with the property.

Today they've dropped the bombshell that they're intending to sell the property, they've given us first refusal but we're in no position to buy, with everything going on right now we both wanted to hunker down and ride out both covid and Brexit.

Is it jumping the gun to begin looking for another place? They've said they'll try selling the property as let but they'll entertain offers from those intending to occupy the property, I've seen we have certain rights as current tenants but we're a little uneasy about being given to another landlord or having to find somewhere short notice.

Advice appreciated. Or just previous experiences from others would help.

You are under no obligation to move short of receiving a section 21 notice and after thee months of that notice being properly served,  being subject to a 'no fault' court application (considerable delays likely in processing this) to formally end your tenancy.
The above might be somewhat inconvenient to the landlord which is not ultimately your concern but for a variety of reasons you may not want to exercise all of those rights. The problem would be that unless a BTL landlord takes over the property with you as sitting tenants (far from guaranteed), there will eventually come a point where you will be compelled to go, and this may not come at a convenient time. If you happen to be employed at present, there is a strong argument to act now for your own convenience, to secure a 12 month tenancy in a vacant property. Depending on your personal circumstances you may find that if you delay you experience job loss and rapidly reducing options as to where you will live.

Whitewolf0158

[Deleted User] said:

Whitewolf0158 said:

Hey all.

It's been a while since I last posted but I'm in need of impartial advice. My partner and I are currently renting from an old colleague of hers and it's been quite a good experience, they've been respectful of our privacy but responsive to problems with the property.

Today they've dropped the bombshell that they're intending to sell the property, they've given us first refusal but we're in no position to buy, with everything going on right now we both wanted to hunker down and ride out both covid and Brexit.

Is it jumping the gun to begin looking for another place? They've said they'll try selling the property as let but they'll entertain offers from those intending to occupy the property, I've seen we have certain rights as current tenants but we're a little uneasy about being given to another landlord or having to find somewhere short notice.

Advice appreciated. Or just previous experiences from others would help.

You are under no obligation to move short of receiving a section 21 notice and after thee months of that notice being properly served,  being subject to a 'no fault' court application (considerable delays likely in processing this) to formally end your tenancy.
The above might be somewhat inconvenient to the landlord which is not ultimately your concern but for a variety of reasons you may not want to exercise all of those rights. The problem would be that unless a BTL landlord takes over the property with you as sitting tenants (far from guaranteed), there will eventually come a point where you will be compelled to go, and this may not come at a convenient time. If you happen to be employed at present, there is a strong argument to act now for your own convenience, to secure a 12 month tenancy in a vacant property. Depending on your personal circumstances you may find that if you delay you experience job loss and rapidly reducing options as to where you will live.

Thanks for the input. I've been making myself aware of the rights we have as current tenants today but there's a lot to read through and take in. We might have the opportunity to take on a family member's place as they're moving abroad with work but I want to make sure I'm not overreacting. My gut says it would be best to find a place on our own terms (example the vacant place) rather than risk getting caught out by an as yet unknown landlord. 

Whitewolf0158

45002 said:

Have a read of this

https://www.thetenantsvoice.co.uk/advice_from_us/landlord-selling-property/

https://england.shelter.org.uk/housing_advice/eviction/eviction_notices_from_private_landlords

That's really useful thank you. I've been searching most of the day and it's helpful to have it written out in one place. 

greatcrested

What rights the LL has to evict you, what rights you have to remain, and what rights you have to leave when you want, depends on your current tenancy terms. So

* do you have a written tenancy agreement/contract?

* does it specify a fixed term, or a start and end date?

* if yes, has that end date passed?

* If yes, or if there never was a fixed term, does the contract (or your original verbal agreement) specify what notice you have to give?

Irrespective of the above, the minimum the LL must give you is a valid S21 Notice expiring (currently) after 3 months. I say 'valid' as there are many things that can invalidate a S21.

Having said that, if you and the LL are on good terms, you can (choose to) ignore the rights/obligations and simply agree whatever you want.

As said above, if the property is sold to another LL, your existing tenancy continues, on the same terms, with the new LL.

But more likely it will be sold to a prospective owner-occupier. Most will be reluctant to buy whilst you remain, so the LL will really need to evict you before trying to sell to an OO. Indeed, if you wanted you could deny access to potential buyers, surveyors etc, making a sale virtually impossible till you are evicted.

It all depends how helpful or obstructive you choose to be.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

YoungBlueEyes

My neighbours are renting and the house went up for sale a few weeks ago. Their contract is til November and they’re looking for another rental, but round here a lot of the landlords are selling up so there aren’t many choices. 

Is it like that in your area? Would finding another rental be tricky? I’d think of moving into the family member’s place and then using that as a base to find a permanent home. Is it a reasonable distance for work etc..?  

princeofpounds

Nothing to add on the 'rights' side of things, but yes, you are right - it generally is better to find a new place on your own terms and timescale than to wait and be reactive to circumstance. If nothing else, living in a 'show home' can be a pain - so no, you aren't jumping the gun by making your own plans. Obviously unless the LL has given you notice, you'll have to give your own notice when you come to leave, consistent with your tenancy agreement - that might constrain your actions to some degree.

Given it's an old colleague I suspect you don't really want to go down the route of being an intransigent tenant, refusing viewings and occupying until forced out. It's within your rights to do so, but it would wreck any personal relationship.

Hannimal

I am looking at properties in a city where property market has been relatively immune to brexit and covid so far (Bristol) and even here properties with tenants in situ don't seem to sell. I think your landlady will need to sell it to someone who will live there to get it sold.

Whitewolf0158

YoungBlueEyes said:

My neighbours are renting and the house went up for sale a few weeks ago. Their contract is til November and they’re looking for another rental, but round here a lot of the landlords are selling up so there aren’t many choices. 

Is it like that in your area? Would finding another rental be tricky? I’d think of moving into the family member’s place and then using that as a base to find a permanent home. Is it a reasonable distance for work etc..?  

Our area is a 2 minute walk from a large general hospital so it's a popular area for nurses etc I don't think a landlord would struggle to fill the property if we take the initiative and go. I'm personally not keen on taking the gamble that the next buyer won't want to live there themselves and my family's place offers a similar amount of rent for a slightly larger foot print so we'd come away a little better off.