House i rent for sale advice needed

barrysmith2480

Hi , ive been renting a house with my family for two years and we have become quite settled.  Its been for sale the entire time and during that time we only ever had two viewings that never led to anything.

Now our latest contract ends on the 15th of November and the letting agent says they have many "investors" looking to view the property and they had been having loads of interest but due to our long contract none proceeded.

We now have two viewings tomorrow and are rather stressed as we have two children and pets, looking around and inquiring on other rentals pretty much every single one will not accept pets unless the place is a total dump.  The letting agent doesnt seem to tell me the full story as they suggested "investors" before on the previous viewings but they were actually private people looking to live in the house.  

If someone buys the house say based on viewing tomorrow how long does a sale take to complete ? will the current landlord serve me notice or will it happen when the other party takes ownership ? I read online that the minimum notice period is 4 months , does that still apply even though im close to being out of contract ? Also can the current landlord give notice now so it overlaps when new owner ship takes over.

Sorry so many questions very stressful time.

user1977

To actually get you out, they'd need to go to court first. That's taking many months at the moment. They can't just turn up with baseball bats on 16 November. If a buyer needs vacant possession, they'd be daft to pursue the sale until you're gone. They couldn't complete the purchase while you're there, unless they're actually a landlord.

barrysmith2480

thanks its never really felt like a problem till lately as the house was grossly overpriced but since the market has blown up its price is probably more like whats its worth.

MaryNB

Your contract does not end, you just reach the end of the fixed term. It continues as a tenancy on a monthly rolling basis unless you give notice to leave or you sign a new contract. Are you in England? If the landlord serves you an S21 notice it's currently 2 months (was 4 months before the start of October). The S21 cannot expire before the end of the fixed term in November. The S21 doesn't end the contract it's just the landlord saying they want the property back and if you stay beyond it they will apply to the court for an eviction order. You still remain a tenant after the S21 notice expires and the landlord cannot evict you until a court issues an order which will take many many months. 

GDB2222

It’s just possible that the people looking now really are investors, I suppose….

If the owner really was keen to sell with vacant possession, he could have served a s21 notice by now. You would, of course, ignore it anyway, but he would be that much further advanced on the lengthy process of eviction. 

What he wants is to continue getting rent until he has a buyer lined up. He then can sell to an investor, who inherits you as a tenant. Or he gives you a really big wedge of cash to vacate, so he can get a higher price selling to an end user.

In November, it doesn’t matter whether they offer you a new contract. Your tenancy automatically becomes a rolling contract, until you leave. 

theartfullodger

You would be entirely entitled to refuse all viewings and to change locks (keep old ones to change back when you eventually leave).

A sensible landlord would have asked you if you were interested in buying + promising good references plus perhaps an inducement for permitting viewings.  That (I assume) landlord hasn't shows your landlord is both stupid and deserves no help. Good luck 

barrysmith2480

Strangely today ive also had a call from the letting agents central office which clearly doesnt talk to the local office asking if i want to extend my tenancy !  One of the options is 12 months with no break clause if i choose this and the landlord agrees does that then make me safe for 12 months before a section 21 can be issued ?

Im honestly not sure how much the estate agent is actually talking to the landowner over either the rental or the sale of the house , the advert posted online is dated 2019 and the pictures are well out of date.

Sorry also if i eventually get serviced a S21 and i dont move until court order goes through does this not severely impact my references and ability to rent another property.

canaldumidi

As explained

* if the property is sold with you there, your tenancy continues as before but with a new landlord

* if either the current owner/landlord, or a new owner/landlord, wish you to leave, they must serve a (2 month) S21 Notice and then go to court, which will take many many additional months

* the S21 cannot expire before the fixed term ends, but if served now that would be beyond 15th Nov

* if you do nothing, then on 16th november you will have a periodic (monthly rolling) tenancy

* on a periodic tenancy, a (2 month) S21 can be served at any time, so you are more vulnerable

* if you sign a new 12 month fixed term, from 16 Nov 2021 - 15 Nov 2022, you will be secure till Nov 2022 whether the property is sold or not.

GDB2222

barrysmith2480 said:

Strangely today ive also had a call from the letting agents central office which clearly doesnt talk to the local office asking if i want to extend my tenancy !  One of the options is 12 months with no break clause if i choose this and the landlord agrees does that then make me safe for 12 months before a section 21 can be issued ?

Im honestly not sure how much the estate agent is actually talking to the landowner over either the rental or the sale of the house , the advert posted online is dated 2019 and the pictures are well out of date.

Sorry also if i eventually get serviced a S21 and i dont move until court order goes through does this not severely impact my references and ability to rent another property.

Yes, that would be a problem if you hold out until the bitter end. However, supposing you find somewhere else to rent some months before the case would get to court, you are quite likely to get an excellent reference. After all, your LL wants you out, and it doesn't help him to scupper your new rental.