Property being sold cash sale. Renting over 10 years

_Penny_Dreadful

Just because the landlord prefers to have the rent paid in cash it does not necessarily follow that the rental income is not being declared to HMRC.  Yes, it sounds a bit suspicious but it could all be above board.

GDB2222

_Penny_Dreadful said:

Just because the landlord prefers to have the rent paid in cash it does not necessarily follow that the rental income is not being declared to HMRC.  Yes, it sounds a bit suspicious but it could all be above board.

We haven’t heard much from the op. Maybe, he prefers to pay in cash?

Lavendyr

luaive said:

I have been renting for over 10 years with the knowledge of the landlord that I wanted to purchase the property if it was ever to be sold. My landlord informed me that someone had offered them a cash sale (unsure of the amount they offered) I do not have a tenancy agreement but have paid rent (cash in hand) for as I said over 10 years. Do I have any rights to have a chance of purchasing the property? And if not what rights do I have if the property is sold to a new owner?

1) I am no legal advisor but I would imagine you have a contract as you have been paying valuable consideration in return for service (i.e. use of the property). 
2) I think you could therefore be considered to have a tenancy agreement and comments such as gas safety, deposit protection etc could all be valid. 
3) Unless you have any documentation to say otherwise, you have no rights to purchase the property ahead of anyone else. 
4) If it is considered that you do have a tenancy agreement by virtue of the paynents for service, then you have the same rights as any other tenant.
5) Paying "cash in hand" means nothing in particular, though it would help if you had a rent book or similar noting your payments. It does not necessarily mean that the landlord is dodging tax, although it also does not rule it out. 

I would suggest you have a chat with a legal advisor to establish your rights. Many offer a free initial consultation. You could also speak to Shelter. 

luaive

Hi sorry 😔 Will try and catch up with replying. As it just deleted my last post when I clicked page 2, i will reply with separate posts for each page.....thank you for all your replies.... apologies again!

luaive

Yhea that would have been nice seeing as he sold it for under what we can afford, probably being paid cash, and doubt that will be declared. Doubtful the rent has been declared either, that's always been cash in hand.

luaive

Buyer is next door neighbor so probably wouldn't want to buy it now as would probably cause issues. Been a while lol but I don't think we had a tennacy agreement, if we did the paperwork is long lost now. No deposit paid. Just like to add im in Wales and have been renting here about 18 years.

_Penny_Dreadful

luaive said:

Buyer is next door neighbor so probably wouldn't want to buy it now as would probably cause issues. Been a while lol but I don't think we had a tennacy agreement, if we did the paperwork is long lost now. No deposit paid. Just like to add im in Wales and have been renting here about 18 years.

You do have a tenancy agreement. You have exclusive occupation of the property in exchange for rent even if nothing was ever in writing that would have created a contractual periodic AST. 

On 1st December 2022 all AST and licences in Wales became Occupation Contracts. Your landlord had until 31st May 2023 to issue you with a written statement of the contract.  Until your landlord issues you with a written contract he cannot serve a valid "no fault" possession notice.  As he has missed the 31st May 2023 deadline he would have to first issue you with the written contract and then has to wait 6 months before he can issue a valid "no fault" possession order.  Twmffat!

https://rentsmart.gov.wales/Uploads/Downloads/00/00/01/90/DownloadFileEN_FILE/Conversion-Information-SEP-23.pdf

jonnydeppiwish!

marcia_ said:

jonnydeppiwish! said:

Nope rights whatsover

 Wrong, the poster is a tenant with a verbal agreement. Will continue to be a tenant under new ownership 

The op asked if they had rights to buy the property - they have none over and above anyone else 

marcia_

jonnydeppiwish! said:

marcia_ said:

jonnydeppiwish! said:

Nope rights whatsover

 Wrong, the poster is a tenant with a verbal agreement. Will continue to be a tenant under new ownership 

The op asked if they had rights to buy the property - they have none over and above anyone else 

And? My answer is still correct 

BarelySentientAI

marcia_ said:

jonnydeppiwish! said:

marcia_ said:

jonnydeppiwish! said:

Nope rights whatsover

 Wrong, the poster is a tenant with a verbal agreement. Will continue to be a tenant under new ownership 

The op asked if they had rights to buy the property - they have none over and above anyone else 

And? My answer is still correct 

Everything apart from the first word is correct.

JDIW was entirely correct in their answer to the question "do I have any rights to make the landlord sell to me instead?".  Which was the first question posed in the original post. 

Your answer was correct to the question "do I have any rights of occupation after the sale?".  Which was the second question posed in the original post.

These are different questions, with different answers.  Both needed answering.  Either answer by itself wouldn't explain the whole situation, but that doesn't make either of you "wrong".