Sitting tenant new landlord advice please

Gycraig

50k ? For what ? 

theartfullodger

Jonny_Wills said:

Hi Guys
......
Can I offer a deal to move, say, ask for £50K?
..............

There's no reason at all not to ASK for this.  Just as a landlord can ASK for whatever rent they like... 

If you are confident you have an AT not an AST then feel free.  But recognise landlord may increase the rent (you have right to appeal). - see...
https://england.shelter.org.uk/professional_resources/legal/costs_of_renting/rents_and_rent_increases/rents_and_rent_increases_for_assured_and_assured_shorthold_tenancies

Personally I'd start with a lower figure - say £25k - then if he argues (he will, he will) I'd up the amount... But he doesn't have to agree.

If you ever move, would you need a reference?

Others may hold alternative views. 

newsgroupmonkey_

Gycraig said:

50k ? For what ? 

For getting them out of an onerous contract that makes a sale very difficult.

It's one thing buying a flat with a tenant - happens a lot for BTLers, but if your tenant has an AT, this is a completely different prospect.

My Mum inadvertently bought a flat with a sitting tenant with an AT. As it was, sadly he died and had no dependents. If he had, and they lived with him, he'd had a girlfriend or whatever, they would have automatically assumed the tenancy. This could arguably go on forever.

On top of this, the tenant is much more protected. Providing they pay the rent (which can be capped), there's not much you can do to get rid of them. Think of the tenancy being like a council house - the tenant is likely to be expected to decorate the place and so on. In my Mum's case, the tenant had installed a toilet in a wardrobe!

If this was a London property, £50k would be cheap!

cx6

45002 said:

steampowered said:

The new landlord could give you 2 months' notice to leave. Known as a s21 notice.

That's the way it works in the UK unfortunately. Unlike the law in pretty much every other country in Europe, even long serving tenants such as yourself can be asked to leave with pretty short notice. 

There are all sorts of reasons why a s21 notice could be invalid. For example a s21 notice can be invalid if you haven't been given an EPC. It doesn't sound like the landlord bothered to comply with any of the more recent laws so I suspect there are a number of reasons why any s21 notice would be invalid.

So, if the new landlord did want to evict you, you could challenge it and drag it out for a long time. Though they'd be able to get you out eventually. 

You could absolutely offer a deal in return for moving without hassle. £50k is unrealistic. 3-6 months rent perhaps? 

Incorrect, a s21 notice cannot be used on a Assured tenancy, OP does not have a AST.

How do yoh know they don't have an AST  (just asking).

The OP moved in in 1996 when ASTs were available. It cpuld have then moved onto a periodic AST.

If si, a simple S21 will suffice to end the tenancy.

The OP has been notified if the new landlord - the nephew.

newsgroupmonkey_

cx6 said:

45002 said:

steampowered said:

The new landlord could give you 2 months' notice to leave. Known as a s21 notice.

That's the way it works in the UK unfortunately. Unlike the law in pretty much every other country in Europe, even long serving tenants such as yourself can be asked to leave with pretty short notice. 

There are all sorts of reasons why a s21 notice could be invalid. For example a s21 notice can be invalid if you haven't been given an EPC. It doesn't sound like the landlord bothered to comply with any of the more recent laws so I suspect there are a number of reasons why any s21 notice would be invalid.

So, if the new landlord did want to evict you, you could challenge it and drag it out for a long time. Though they'd be able to get you out eventually. 

You could absolutely offer a deal in return for moving without hassle. £50k is unrealistic. 3-6 months rent perhaps? 

Incorrect, a s21 notice cannot be used on a Assured tenancy, OP does not have a AST.

How do yoh know they don't have an AST  (just asking).

The OP moved in in 1996 when ASTs were available. It cpuld have then moved onto a periodic AST.

If si, a simple S21 will suffice to end the tenancy.

The OP has been notified if the new landlord - the nephew.

It's not just a case of "Hi, I'm your new landlord" though. Must be in writing, with details for the name and address. Not sure if this happened.

Also, I don't think the OP would be suggesting £50k if they had an AST. ATs are impossible for landlords to get out of, hence why it often takes big $$$s.

theartfullodger

newsgroupmonkey_ said:

cx6 said:

It's not just a case of "Hi, I'm your new landlord" though. Must be in writing, with details for the name and address....

Might be name & two different addresses if they don;t  live in England or Wales....

canaldumidi

Jonny_Wills said:

I've rented my flat for 25 years since 1996. Firstly from my original landlord under the usual tenancy agreement.
.......
Anyway I'm a sitting tenant I believe.
....

Probably an Assured Tenancy, but as 28th Feb 1997 is a critical date, a precise start date for the tenancy is essential.

"under the usual tenancy agreement" is far too vague. Was there an initial fixed term? How long? Was an AST notice attached or included in the TA? What is the rent?

So whilst advice given above is likely to be helpful to the OP, he needs to verify his position clearly (and ideally in an evidence-based way), either by providing us with greater detail (and then relying on strange inetrnet bods....), or by doing lots of research, or by consulting a professsional (property/tenancy lawer, Shelter etc).

dimbo61

The poster talked about an old boiler ?
So what is the EPC rating ? Is it in date.
Have you got a EICR ?
Does the property have an Gas ?
The Landlord needs every GSC issued during your tenancy !
Smoke alarms ?
CO alarms ?
Did you pay a deposit ? 

newsgroupmonkey_

dimbo61 said:

The poster talked about an old boiler ?
So what is the EPC rating ? Is it in date.
Have you got a EICR ?
Does the property have an Gas ?
The Landlord needs every GSC issued during your tenancy !
Smoke alarms ?
CO alarms ?
Did you pay a deposit ? 

Is this all relevant for an AT?