Is this normal for a tenant in situ?

canaldumidi

a_fierce_bad_rabbit said:

Oh and the potential buyers are arriving alone, without agent. There are no viewings when tenant is out. 

So very easy for her to say: "Sorry, I was not made aware of you coming and it's not convenient. Please contact the agent." then shut the door firmly!

canaldumidi

a_fierce_bad_rabbit said:

I think she moved in around 1998.
No idea who has any original contract as the original owners died years ago and it was inherited, twice!

She needs to contact current owner.

She must have some recollection of when she moved in surely? How long has she been on the electoral register there? Has she any dated documents with that address? Driving licence? Old bank statement? Tax/DWP records? Employer recording that as her address as of xyz date? Electricity account?.............?

a_fierce_bad_rabbit

canaldumidi said:

a_fierce_bad_rabbit said:

I think she moved in around 1998.
No idea who has any original contract as the original owners died years ago and it was inherited, twice!

She needs to contact current owner.

She must have some recollection of when she moved in surely? How long has she been on the electoral register there? Has she any dated documents with that address? Driving licence? Old bank statement? Tax/DWP records? Employer recording that as her address as of xyz date? Electricity account?.............?

I'd rather not put exact date online but it was 1999.

canaldumidi

Tiglet2 said:

...

As others have pointed out, if she has a "Secure Tenancy" rather than an "Assured Shorthold Tenancy", she will have far greater 'rights' and it would be very difficult for a landlord/owner to evict her.  These types of tenancies do typically have lower rents.  The date, which is important, is 15 January 1989.

Feb 1997 could also be a relevant date affecting the tenancy.

a_fierce_bad_rabbit

Just done tenancy checker and it would seem, if she moved in in 1999 it is AST.

So currently she has no guarantee that she is safe for next 2 years? Even if she chats with owner, it's a bit shaky isn't it?

theartfullodger

a_fierce_bad_rabbit said:

I think she moved in around 1998.
No idea who has any original contract as the original owners died years ago and it was inherited, twice!

She needs to contact current owner.

Two points:

a.  "About 1998".  If she moved in (she must know??)  before 27 February 1997 she almost certainly will have an "assured tenancy" not an AST - AST permit eviction using "section21", no reason required - assured tenancy don;t have them so she'd be safe unless she wasn;t e.g. paying her rent...

b. "the original owners died years ago and it was inherited, twice!".  Whoever inherited (or any other change of landlord) needs to serve notice(s) compliant with s48 & s3.  S48 - if not served no rent due (!!), s3 - if not served possible fines & criminal offence. (**)

She (tenant) should (assuming she doesn;t have copy) formally request copy of tenancy agreement from current landlord.  If he doesn;t have it then he'll not be able to prove she didn;t move in before 27/02/1997... so she should be safe..

Most prospective buyers will assume she has an AST.

If she wants to move anyway in a couple of years then any prudent landlord would be wise to incentivise her to do so to avoid long, expensive, tricky court cases... In her shoes I'd want £10k+

** s48 & s3 notices.  I bought a tenanted student house: Luckily my solicitor knew about these things, many solicitors won't. specialising only in conveyancing, not tenancy law...

RAS

Bear in mind that it'll take the best part of a year for the new landlord to evict her, anyway.

IF they have actually got all the legal documentation that allows them to do it. If she's already dealing with the original LL's inheritors, the chances of that seem small. It might be more stressful it could well take 18 months to 2 years. 

a_fierce_bad_rabbit

RAS said:

Bear in mind that it'll take the best part of a year for the new landlord to evict her, anyway.

IF they have actually got all the legal documentation that allows them to do it. If she's already dealing with the original LL's inheritors, the chances of that seem small. It might be more stressful it could well take 18 months to 2 years. 

Yes, I think it is getting attention, but a few are backing out before viewing.
When she meets them she tells them she only wants to stay for 2 years and they seemed ok with that, perhaps they are aware that the hassle of evicting would be more trouble to them.

canaldumidi

I know this was not directly related to your query but

a_fierce_bad_rabbit said:

....
House is old and needs serious refurbishment, but is safe and should be fine until tenant wishes to move out. ....

Does she have a valid EICR (electrical report) dated within last 5 years?

If there is gas in the house, does she have a gas safety report dated within the last 12 months?

dimbo61

You talk about an old run down property which an estate agents is now advertising for sale ?
If so it must have an EPC so what is the rating ?
Does the property have any Gas appliances ? Gas boiler, gas cooker, gas fire ???
Now in order for a Landlord to evict a tenant he/she needs to serve a ( Valid s21)
If they don't have an EPC they can't charge rent.
Has the property got loft insulation ? Double glazing ? energy saving light bulbs ?
If they don't have a valid EICR with safe electrics they can't evict.
If the don't have a Gas Safe Certificate and all the old copies of every GCS carried out each year during the tenancy the Eviction could also fail.
As others have said your friend can refuse to move out and it could take a long time and slot of money to evict her unless they make it worth her while.
All  mortgage lenders require a survey and solicitors ask for EPC, EICR, GSC and for rental properties Deposit information and tenancy agreement details.