We're renting a house that is for sale, what to do?

hopeitwill

numbercruncher8 said:

Personally I think the landlord has gone down this route unaware of their obligations. Seen a few times on the forums where some want to get paid rent right up to exchange of contracts.

I think so too as this was the first time they have ever let a house. Then again, I'd rather be out as soon as I found a place since the new neighbours are not my favourite people.

Mutton_Geoff said:

hopeitwill said:

Thank you all, as I said we really don't want to make this difficult any more than it can be. It would probably feel like extortion, settling for money from the landlord, that would be a last resort for us if at all.

Why would it feel like that? Years ago, I was in a rented flat and the landlord owned the whole building and wanted to sell it for conversion back to a single family home. I was the last "sitting" tenant. The landlord happily refunded me all of the rent I'd paid in the last 18 months I'd been there to get me to leave. It was purely a business decision from their point of view.

Probably because I wouldn't want to be in the landlord's situation since we did pull out from the sale and time has already been wasted. But of course you are right, it's a business transaction if things did come to that, and emotions should not be involved.

Hannimal

You might think your landlord is a nice person and you may even find them friendly. For you, that has been your home for the past few years. However, it is just a business for them. You would do better seeing it from their point of view as well. Your rights are more important than a smooth ride to a landlord. You've probably built a good £30 000 of equity for them  while living there if you live in a bigger UK city. During the time that "has been wasted", you have reliably continued to build equity to your landlord. They have not lost anything other than a bit of time. So I wouldn't be too bothered. it is VERY unlikely that you would not complete your purchase before the landlord sells, so if I were you i would just worry about finding my new home and not worry about the listing of a property I don't even want to buy. 

hopeitwill

Hannimal said:

You might think your landlord is a nice person and you may even find them friendly. For you, that has been your home for the past few years. However, it is just a business for them. You would do better seeing it from their point of view as well. Your rights are more important than a smooth ride to a landlord. You've probably built a good £30 000 of equity for them  while living there if you live in a bigger UK city. During the time that "has been wasted", you have reliably continued to build equity to your landlord. They have not lost anything other than a bit of time. So I wouldn't be too bothered. it is VERY unlikely that you would not complete your purchase before the landlord sells, so if I were you i would just worry about finding my new home and not worry about the listing of a property I don't even want to buy. 

30k+ equity yes, and that does put things even more into perspective, thanks Hannimal. I'll say it again, thank god for this forum

theartfullodger

That property is sold does not end tenancy nor compel tenant to leave.  Even if new owner is outside with removal van, 3 screaming kids and a nervous breakdown.

Only court then bailiffs can force you out, probably 12 to 18 months in current climate.

Do not discuss with landlord or agent, that will only get you a valid notice quicker.

Crashy_Time

hazyjo said:

If they intended selling with tenants in situ, it would (presumably) say that on the particulars.

A buyer will need you out before exchange - let alone completion (presuming they'll be living in it). Anyone would be mad (or optimistic) to start spending too much with tenants still in place!

Six months' notice, presuming it's been served correctly. And that's just notice they want you out. The LL can't evict you without going through courts etc if you're not willing/ ready to go.

Or of course you could try to come to a (substantial) financial agreement...

Good advice.

Crashy_Time

Mutton_Geoff said:

hopeitwill said:

Thank you all, as I said we really don't want to make this difficult any more than it can be. It would probably feel like extortion, settling for money from the landlord, that would be a last resort for us if at all.

Why would it feel like that? Years ago, I was in a rented flat and the landlord owned the whole building and wanted to sell it for conversion back to a single family home. I was the last "sitting" tenant. The landlord happily refunded me all of the rent I'd paid in the last 18 months I'd been there to get me to leave. It was purely a business decision from their point of view.

Many landlords would struggle to do that though, and many would want/need every last penny from the tenant, instead of buying them out?

OP, play it cool just now (but have a look at other rentals all the same) just politely tell them you don`t want viewings during Covid, see what they say.

Suseka97

hopeitwill said:

Suseka97 said:

You say you want to leave, looking to purchase your own home - so I don't see why this can't be relatively straightforward.  It would be different if you were not willing to leave of course.  Now you've pulled out of the purchase, noting your previous thread on this topic, are you looking at other properties?  Perhaps have that conversation with your LL and work with him to agree viewings (at your convenience/discretion) and be clear that the sale will need to tie in with your onward purchase.  

I'm not sure why this would need to go down the 'eviction' route if you are actually looking to leave anyway - perhaps I misunderstand the issues.

No no, you're not misunderstanding, it's the timescales I was wondering about. Because if we could not complete on a house before the new owner of this place would like to, then what would happen? Landlord is really eager to sell. And in any case, of course we would like to move, we're avidly looking at the moment.

This is why you need to speak to the LL and, as I said, make it clear that the sale will need to tie in with your purchase.  He has no choice anyway, because he cannot force you to move until you are ready.  He will need to be upfront with his buyer and you never know, you may find that you're in a position to complete on your purchase before he's in a position to complete on his sale.

It all rather depends on how quickly you find something and what sort of chain you end up being in - the same goes for the buyer of your rental (in terms of being in a chain).  It's best not to overly worry about the 'what may be' at this point.  Just put your energies into finding your new home and see how things pan out. 

hopeitwill

Thanks everyone, I think we're going to play it cool for now and continue searching for a house tirelessly. It isn't really our mistake that the LL is not informed about how to go about selling an occupied house.

hopeitwill

Just to add to this - the listings now say "No chain" - even though there is one since we live in this house as tenants. We're trying to buy another house but with personal experience I can say that anything can happen before exchange and even between exchange and completion. It kind of feels as though the LL has no idea about selling a house with sitting tenants.

macman

If your LL is an naive and incompetent as it appears, then just sit tight until such time as they service notice. They may not even realise that they have to do that formally. From then, you'll have a year or more, maybe 18m, until you could be evicted.
It's also highly likely that, with an amateur LL, the tenancy is not regularised: if there is no EPC, GSC, 'How to Rent' booklet, deposit protected, then any one of these renders the S21  void. And so the LL must start again and wait a further 6m.
So, time is totally on your side, if you need that long. If you don't you need only give a month's notice, which you do at exchange on your purchase.
PS: there is no requirement to advertise the property as tenanted, as it will put some buyers off. Unless it's a BTL, all that is necessary is to say that it is sold with vacant possession, which it will be at the time of exchange.