Landlord selling house

roaduser3189

Hi all,

We have been renting a house for almost 2 years, with our AST ending 8th October. Last week we had a call from the estate agent asking on the landlords behalf whether we had thoughts about renewing, we called back to say we will contact them closer to the time. 

This morning we received a text message from our landlady saying that she is selling the property and had arranged for the agent to come take photos on monday and have viewings the following week. 

This was obviously unexpected but we can deal with that. What I am wondering is whether we need to have been given a longer notice period as 8th Oct is only few weeks away and how it was phrased the agents and landlady are planning on entering the property whether we allow it or not as they all have a set of keys. 

SpiderLegs

You haven’t been given any notice.
if you do not want anyone entering then change the locks.

really it depends on how you want to proceed with this. You are certainly under no obligation to give in to every request, not without adequate consideration or compensation.

theoretica

Is your landlord selling the house as tenanted to another landlord?

grumiofoundation

To clarify your tenancy does not end on the 8th October. Even if you had been served formal notice (section 21) expiry of this notice doesn’t end tenancy (section 21 needs minimum fo 4 months). 

Have you been served a section 21 notice ? 

Have you actually been told you need to move out? 

Your landlady may sell with you in situ and your tenancy will simply continue with a new landlord (we had this recently). 

See link for more details:

https://forums.moneysavingexpert.com/discussion/comment/67759913#Comment_67759913

If you do not want them to enter the property without your permission/without you there then you can change the locks and/or arrange for them to visit when you are there.

AlexMac

Unless your landlord is selling to an investor (who might well welcome having a reliable tenant in place), no decent solicitor will let their buyer exchange while there is a tenant in occupation.

We were selling a holiday flat, and were rash enough to admit to our solicitor that a friend in need was crashing there briefly; she (the lawyer) went ballistic.  Similarly, when we bought our current home, our solicitor demanded an original signed declaration from the former tenant, even though they were by now living overseas, that she'd voluntarily abandoned her AST which still had a few months to run.

So while I'm sure you don't want to be deliberately awkward, you have considerable leverage and it might be worth asking your landlord their intentions...?  Perhaps a written guarantee of a good reference (if you are having to move out and ever need one for a future rental?)  or even a sweetener if they do want you out without a lengthy process or Court order...?

theartfullodger

Selling a house does end a tenancy nor compel tenant to leave.  New owner simply becomes new landlord, existing AST continues, no need to sign new tenancy.

Even if owner is outside, with removals van and 3 screaming children and hubby going bonkers.

roaduser3189

The landlady hasn't given us any formal notice , no Section 21 or anything of the sort, only a text detailing that she's going to get photos done and for viewings to happen the following week. She's not particularly the best landlady- she wasnt aware of what a periodic tenancy was last year and insisted that we would be squatters if we stayed on.

swingaloo2

I would send a polite reply asking when you can expect your Section 21 notice and mention casually that you are aware that the notice period is 4 months. 
I very much doubt from what you have said that a valid notice can be served anyway. 

theartfullodger

Don't ask for an s21.  Spin the time out.

If cunning, they'll offer you ££££ to go

dimbo61

Just inform the Lettings agents that you won't be allowing anyone in too take photos of your " home " and belongings.
No viewings either.
I am sure the lettings agents know the law and will inform the Landlady what steps she needs to take and how long it will take.
I would change the front door barrel if you have a uPVC door ?
Costs about £6/10 pounds and takes 2 minutes.
Do this in writing / email to the lettings agents 

You could agree to move out sooner than it would take by serving the correct S21 notice and going through the courts if your compensated 

roaduser3189

So just to clarify, a section 21 notice is required in order for any of what is happening to be legitimate? Regardless of whether the AST ends in October or not?

We are not planning on being difficult as quite frankly it is more hassle than it is worth, however I dont want to be left essentially homeless in October if we couldn't find anywhere to live by that point.