landlord selling property we currently rent.

Whitewolf0158

princeofpounds said:

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.

We've had some bad luck with past landlords and we're about 2 years away from being in a position to buy. Moving to my family's home would give us around 5 years to get a decent deposit while keeping a roof over our heads. 

Whitewolf0158

greatcrested said:

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?

When we moved to the house we agreed on a 2 month notice window on either side in case anything came up. If we opt to leave we just need to let them know. They could also trigger that same notice if they find themselves struggling to sell to another landlord. It's that uncertainty that I'm wary of. At the moment we have a good opportunity to secure housing, if we wait the home we have in mind will end up on the market and we'd have to start from scratch. 

greatcrested

Whitewolf0158 said:

greatcrested said:

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?

When we moved to the house we agreed on a 2 month notice window on either side in case anything came up. If we opt to leave we just need to let them know. They could also trigger that same notice if they find themselves struggling to sell to another landlord.

A bit vague. I assume no written contract or you'd have quoted precisely.

Two calender months or two monthly periods?

As I said, legally (and whatever you agreed) the LL has to serve a S21 expiring (currently) after 3 (not 2) calender months.

Unless you mutually agree something different and dispense with the law and the S21.