landlord selling: notice period with new LL?

Nenen

Our current LL is selling the house we are renting with the new buyer (who lives next door and is very nice) agreeing to take us on as tenants. We have been renting this house for 10 months now (while we search for somewhere to buy) and our current contract was for 6 months in the first instance followed by a rolling tenancy whereby we now have to give one months notice and our LL has to give us two months. This notice period really suits us.

The new LL originally agreed to continue the rolling agreement with us. However, the new LL's solicitor has now told him that because he is taking over the tenancy he will have to give us a new contract with another 6 months notice period, rather than just continue with the rolling agreement. Does anyone know if this is accurate? If he has to give us 6 months notice does this tie us in to a six month contract too or can we still give one month's notice to him?

clutton_2

The new owner will have to issue a new AST for you with his name on it - the lender will require that. It is quite legal to issue a 3 months AST - but a lender may insist on a 6 months agreement. A landlord has to give a tenant 2 months notice, while a tenant has to give one month (but the tenant can move out on the final day of teh agreement wiht no notice given to the landlord).

Nenen

Thanks for that info Clutton. Am I right in assuming then that if his lender insists on a new 6 month AST then presumably we are stuck renting this for a minimum of 6 months. That is a real pain as we are looking to buy and don't want to be stuck into that right now. His solicitor told him that 6 months AST was the minimum if we took him to court (which we have no intetion of doing).

If I ask him if he can issue a 3 month AST followed by rolling tenancy where he has to give us 2 months notice and we have to give one months notice do you think his solicitor will agree (assuming his lender will)?

Nenen

oooppps.. forgot to add that at one time he was remortaging his current property to enable him to pay cash for the one we are renting. I'm not sure if he is still doing this or has now decided to get a BTL mortgage (things seem to change on a weekly basis between him and our current LL)! If he doesn't have any lender to worry about does this change his options?

clutton_2

why not just go and talk to him - he is only next door - and explain why you only want a 3 month contract - and would he be willing to let you leave early if you do find a place to buy - but do get it in writing before completion !!!!

Nenen

clutton wrote: »

why not just go and talk to him - he is only next door - and explain why you only want a 3 month contract - and would he be willing to let you leave early if you do find a place to buy - but do get it in writing before completion !!!!

Thank you so much for your advice Clutton, it is much appreciated. :beer:

We have talked to him several times and to our current LL too. They are both really nice guys and both know our situation as we have been very up front all the way through. It is all very amicable but the current and prospective LLs keep changing their minds about what they are doing and we are left as piggy-in-the-middle. Both LLs say they want to ensure we aren't made homeless as we are 'great tenants' (their words not mine) but at the end of the day I feel they are buying/selling a property for hundreds of thousands and so it is only right they both feel they have got the best deal for themselves.

When current LL said he was selling to next-door-neighbour (last September)we found another rental property and were all ready to sign the agreement and move when next-door-neighbour said he'd be happy for us to stay on here as his tenants for a few months. The problem is that it is taking them months to complete what should be a simple chainless sale!

Originally prospective LL was more than happy to take on a rolling agreement, it is only now his solicitor has told him 6 months is the minimum that things are becoming more complicated. I spoke to prosepctive LL last Monday and he was hesitating over the purchase (his solicitor delayed the exchange) as he didn't want to do the 6 months minimum (he was intending to knock this property and his own next door into one big house in the summer). Then yesterday he told my dh he will do this after all and we can stay as long or short as we like as he's changed his mind about knocking through but is buying the house anyway! I'm left feeling confused and anxious!

Presumably, once he either exchanges or completes he will ask us to sign a new AST and at that point we can get it in writing that we only want 3 months. Does that sound right to you Clutton?

clutton_2

i would not sign anything !!!!!! wait until the last possible minute before completion, and by that time they will be so far down the conveyancing line they will probably agree to a 3 month AST. Even tho your current AST expires, you are still on a periodic tenancy in law and so you still have legal protection.