Landlord selling our rented property

girlinabox

Hello everyone, 

Im hoping that I could perhaps get a bit of advice from those who are experienced and knowledgeable regarding private renting in England. This might be a long winded story, so I do apologise if so. I just want to ensure I provide all of the necessary information that might help those offering advice. 

We are currently renting a property privately, initially on a 4 month contract which expired last year and we are now on a periodic tenancy. We were aware previously that the landlord wanted to sell the property which forms part of a larger estate (there are 2 houses on the same complex - a huge house next door and then our tiny 1 up, 1 down cottage), however they couldn't find a buyer so it was taken off the market. They then got tenants into the house adjacent (which is, as I say, part of the same estate). They are on a different contract as they moved in after us, and they also paid for 6 months rent up front which is due to end at the end of April.

Recently the letting agency told our neighbours that someone wants to buy the estate and are arranging a viewing for them to come and see the property within the next week or so. Apparently they have said they would be looking to exchange on the date that their contract ends which is why they're trying to get a viewing ASAP. (Also note that they've told us nothing about their intentions, our kind neighbours luckily informed us!)

Now for us, it does just so happen that we were not intending on staying forever, and in fact we have plans to leave at the end of May to go travelling. However what we are worried about, is them asking us to leave before we were intending.

I've been doing a bit of reading and have come across things like Section 21 notice etc and think that we would get 2 months notice, but we are panicking a little that they could give us that now. We don't feel it makes sense to ask us to leave whilst the other house has tenants until end of June (with their 2 months notice from April) but I guess you never know what peoples intentions are.

It's keeping me awake just going over what they might or could do and how that would leave us in a mess. We can't really go any sooner due to a project my partner is working on, and also we're saving up until then, so the intention is to give notice in April with a view to leaving at end of May. We don't want to cause any problems for anybody, but we are half tempted to tell them that we won't be leaving until end of May if they try to evict us before then. We're not fighting the fact that the place is to be sold, just that we wouldn't be able to find anywhere else to live for a short amount of time. We both work from home (me full time, partner part time). 

Is anyone able to offer any guidance or advice please? We really do appreciate it.

TLDR; landlord likely selling property, no real issue with this, but we can't leave until end of May and are worried we may be told to leave before then. I don't trust the letting agents! 

canaldumidi

* the LL can sell the property to another LL without evicting you. You just get a new LL with no change to your tenancy.

* if the LL wants to evict you, he must serve a S21 Notice, wait 2 months, and then (assuming the S21 is valid,often not) apply for possession of the property which can take another 4 - 8 months.

For more, read:

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?

This all assumes you are in Eng or Wales.

girlinabox

canaldumidi said:

* the LL can sell the property to another LL without evicting you. You just get a new LL with no change to your tenancy.

* if the LL wants to evict you, he must serve a S21 Notice, wait 2 months, and then (assuming the S21 is valid,often not) apply for possession of the property which can take another 4 - 8 months.

For more, read:

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?

This all assumes you are in Eng or Wales.

Hello and thank you. Its not being sold to another LL. Its a couple/family. I think its being bought as a family home.

The possession thing makes me feel better as we would be gone by then. Can they withhold your deposit for not leaving on time do you know? 

FreeBear

canaldumidi said: * if the LL wants to evict you, he must serve a S21 Notice, wait 2 months, and then (assuming the S21 is valid,often not) apply for possession of the property which can take another 4 - 8 months.

The alternative, if the buyer is expecting vacant possession on exchange, is a financial inducement from the current LL.

canaldumidi

girlinabox said:

canaldumidi said:

* the LL can sell the property to another LL without evicting you. You just get a new LL with no change to your tenancy.

* if the LL wants to evict you, he must serve a S21 Notice, wait 2 months, and then (assuming the S21 is valid,often not) apply for possession of the property which can take another 4 - 8 months.

For more, read:

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?

This all assumes you are in Eng or Wales.

. Can they withhold your deposit for not leaving on time do you know? 

By 'on time' I assume you mean on the date set by the court for possession ie some 6+ months after you first receive the S21 Notice. No, though you could in some circumstances be made to pay the court costs.

If you mean when the S21 expires after 2 months, as explained, that does not end the tenancy so you do not have to leave then. Indeed, if you plan to leave at the end of the 2 months when the S21 expires you should either serve your own notice, or reach a mutual agreement, ideally in writing, with the LL.

Either way, the deposit can only be used for damage caused to the property, rent owed, or inventory items missing.

As well as reading the post I linked you to above, you mightalso wish to read:

Post 3: Deposits: Payment, Protection and Return.

lesalanos

They will serve your neighbours the S21 in Feb to coincide with the end of the fixed term in April 

chrisw

But you said the other house has tenants until June? Why not just ask them and see what you can glean from their response? It may be that they're tying things up for June and your situation will fit in nicely. 

Or at least they could take your situation into account, particularly as they wouldn't be able to get you out before then and they probably know it.

kazwookie

By the time it has gone on the book of an EA, the offer is accepted, the legal bods have done their stuff, you are going to be well into the middle of this year.

Searches are slow.

I don't really think you need to worry, just get your plan in for for the end of May when you want to go.

girlinabox

lesalanos said:

They will serve your neighbours the S21 in Feb to coincide with the end of the fixed term in April 

I didn't think they could do that. The information I read on the government website states that S21 notices cannot be issued if someone is in the first 4 months of tenancy or still in their minimum term, both of these apply as they only moved in in October and have a 6 month agreement. 

girlinabox

canaldumidi said:

girlinabox said:

canaldumidi said:

* the LL can sell the property to another LL without evicting you. You just get a new LL with no change to your tenancy.

* if the LL wants to evict you, he must serve a S21 Notice, wait 2 months, and then (assuming the S21 is valid,often not) apply for possession of the property which can take another 4 - 8 months.

For more, read:

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?

This all assumes you are in Eng or Wales.

. Can they withhold your deposit for not leaving on time do you know? 

By 'on time' I assume you mean on the date set by the court for possession ie some 6+ months after you first receive the S21 Notice. No, though you could in some circumstances be made to pay the court costs.

If you mean when the S21 expires after 2 months, as explained, that does not end the tenancy so you do not have to leave then. Indeed, if you plan to leave at the end of the 2 months when the S21 expires you should either serve your own notice, or reach a mutual agreement, ideally in writing, with the LL.

Either way, the deposit can only be used for damage caused to the property, rent owed, or inventory items missing.

As well as reading the post I linked you to above, you mightalso wish to read:

Post 3: Deposits: Payment, Protection and Return.

Thank you for that. Very helpful. Perhaps serving our own notice is a good idea, if indeed they do issue one before we are ready. Surely they'll just be happy we plan to leave before next door anyway! 

girlinabox

chrisw said:

But you said the other house has tenants until June? Why not just ask them and see what you can glean from their response? It may be that they're tying things up for June and your situation will fit in nicely. 

Or at least they could take your situation into account, particularly as they wouldn't be able to get you out before then and they probably know it.

Thank you. We were planning on telling them sooner than we needed to anyway. Makes sense that they know we're going either way. I was just worried about being told to leave soon.