In rented 3wks. LL failed to inform me he is selling. What are my rights?

Dummie_2

Hello

Today I received a phone call from an agent wanting to arrange a viewing.

At first I was confused and thought they had the wrong number. They hadn't. It turns out my LL is selling the flat that I am renting and only moved into under 3wks ago.

I immediately called my LA. They told me that they already knew but had only found out 1 day before I was due to move in. They said the LL informed them that he had already informed me of this. I made it very clear that today was the first I had heard of this.

My LL called a little while later. He claimed that the LA had told him they had informed me of this. So, basically each passing the ball to each other.

When I took on this flat, I stressed on a number of occasions that I was seeking a long term rent. In fact, this is was one of my negotiating tools when my first offer got turned down.

I have just seperated from my husband and live in this flat with my 3yr old autistic toddler. Being autistic means that my child gets very anxious and upset with changes to his routine and Ive been through hell since we moved in and he's still not settled. This is why I made such a big deal re the long term rent thing.

Can anyone tell me if I have any rights? The LL knew before he rented to me that he was intending on selling but he nver informed me. Neither did the LA. I never would have moved into this flat if I had known and I feel I have been misled/mis-sold. Apart from the obvious stress of moving there are also the financial side of LA fees and the cost of moving. I have also brought new bedroom furniture because the flat does not contain any fitted storage.

My AST is for 12mths with a breakclause in May where 2mths notice can be given by either party. I realise that this means at the earliest I won't need to move out until July but this is no comfort to me.

I know and understand that this is one of the downsides of renting and that you can never be truely secure in your rented property because the LL is entitiled to give notice.

There is someone coming tomorrow to view the flat. My LA said I am entitled to not let them view the property until May. She also said the LL had informed her that he was marketing the flat as a buy to let with a tenant but I just found the details on Rightmove and this isn't the case.

One of them is not being honest and I totally hate the situation they have put me in. I feel so angry but also so helpless.

Zebedee69

If it was me id stay put till May, not pay the LL any rent and leave the place in a tip when you leave.

Thats about all the LL deserves.

Konisberg

Dummie wrote: »

I know and understand that this is one of the downsides of renting and that you can never be truely secure in your rented property because the LL is entitiled to give notice.

I really think that whilst it seems unfair especially in your particular circumstances you would be better to not get involved in arguments and whatever you do, don't withhold your rent. The landlord is indeed entitled to give notice under the terms of the agreement and it may well be that he had every intention of a long term let originally but his circumstances may have changed. Perhaps in 6months you may have decided you didn't want to live there, then the landlord would be entitled to feel angry as you do as he believed you wanted a long term let. My point is, life is short. Enjoy you time in your new home and whilst I appreciate the disruption it will cause you, take a deep breath and don't enter into any more discussion about the matter with either the landlord or EA. You will feel a whole lot better in the long run.

Dummie_2

Konisberg wrote: »

it may well be that he had every intention of a long term let originally but his circumstances may have changed. Perhaps in 6months you may have decided you didn't want to live there, then the landlord would be entitled to feel angry as you do as he believed you wanted a long term let.

Whilst I do very much appreciate where you're coming from and I agree that life is too short to let this drag me down I have quoted a part of your post above.

The LL knew BEFORE we agreed to rent that he was going to sell. He informed the LA one day before I moved in. I had signed the contract only 3days before I moved in.

Gingernutmeg

Konisberg wrote: »

I really think that whilst it seems unfair especially in your particular circumstances you would be better to not get involved in arguments and whatever you do, don't withhold your rent. The landlord is indeed entitled to give notice under the terms of the agreement and it may well be that he had every intention of a long term let originally but his circumstances may have changed. Perhaps in 6months you may have decided you didn't want to live there, then the landlord would be entitled to feel angry as you do as he believed you wanted a long term let. My point is, life is short. Enjoy you time in your new home and whilst I appreciate the disruption it will cause you, take a deep breath and don't enter into any more discussion about the matter with either the landlord or EA. You will feel a whole lot better in the long run.

I'm sorry, but I really don't agree with this (beyond the part about paying rent, you should always do that). If the LL knew that he was selling, then the OP should have been informed. The LA knew the day before the OP moved and OP should have been informed then. I've always been led to believe that a 12 month contract is unusual, a six month being more normal, and the LL should not have agreed to a 12 month contract KNOWING that he was selling. That's just not fair. This really isn't something you can just 'write off', and 'enjoy the time in your new home'. It costs an absolute fortune to move somewhere - some people seem to have a bizarre assumption that it's somehow cheaper for tenants to move than homeowners, so of course we don't mind doing it every six months ... :rolleyes:

Life IS short - it's far too short to spend it continually moving. If I were the OP, I'd refuse to allow any viewings until my own position was made clear, or I'd let the viewings go ahead making sure that any viewers knew that there was a tenant in-situ who hadn't been informed of the LLs plans. If I did end up having to move, then I'd take the LL to court for all of the costs associated with my having to move twice, as well as the inconvenience.

One of the few benefits to renting is that you are reasonably free to move, if you want/need to, but the OP made it clear that she didn't intend to move. To suggest the LL has a 'right' to behave like this because the OP *might* move in six months (which she couldn't do anyway, having a 12 month contract) is, quite frankly, bl**dy ridiculous. Tenants have precious few rights as it is, and when LLs and LAs behave like this it makes me so angry.

We were in a kind of similar situation when we moved four months ago. The property wasn't suitable, had a lot of problems and the LL was swithering over whether they actually wanted to rent when they realised it meant work. We've lived in limbo for over four months now and the situation has only just got sorted, when we made it clear that we would pursue a refund of all of our costs should we have to leave the property through their and the LAs mismanagement. OP, I sympathise with you and I suggest you get legal advice from Shelter or the CAB.

CYBERCIDERSAVER

I can only offer my sympathies.

I hope this serves as a warning to others thinking about renting... as house prices drop, more LLs will feel their little nest egg is losing money faster than a Mercedes falling off a 1000ft cliff.

I drove past a house today that had a for sale AND a To Rent board. People must think prospective tenants are stupid.

The only bit of advice I can offer is

Sound out the LL about his plans, enquire about buying yourself... even if you haven't any intention of it. Time wasting could really slow selling!!!

I know you want to stay for a long time for obvious reasons. However maybe calling his bluff and moving out asap might cause him financial problems with no tenant and until you do, make viewings exceptionally awkward for EA.

They'll be nice to you I expect, but only to get a sale. Not cause they like you or anything.

Becky_2

Hi Dummie!

Sorry to hear about your situation. Try contacting your local citizen advice bureau, they will be able to at least direct you in the right direction to someone who might be able to help. I would also call your council and speak to the housing department.

My understanding is that you should be given at least 2 months notice before you have to move.

Good luck with your situation.

Becky

Brainache

Dummie wrote: »

My AST is for 12mths with a breakclause in May where 2mths notice can be given by either party. I realise that this means at the earliest I won't need to move out until July but this is no comfort to me.

[..]

There is someone coming tomorrow to view the flat. My LA said I am entitled to not let them view the property until May.

Hi Dummie, I'm sorry to hear about your situation. While your LL is able to give 2 months notice in May, you have every right to quiet enjoyment of the property until you leave. That is, you don't have to allow access to anyone (including the LL), for any reason other than an emergency. The LL probably won't like it, but tough! Any attempt to get you to leave the property before July or without proper notice would be breach of contract, provided that you pay your rent.

The CAB and Shelter were helpful when I had some LL issues, so maybe they should be your next port of call.

liz545

I'm sorry to hear this, you must feel really stressed out. The good news is you have an Assured Shorthold Tenancy, which is for a minimum of 6 months; if your landlord expects you to leave before this he will be in breach of contract, and even if he does expect you to leave at the expiry of the term, he'll need to give you notice of this. He probably thought that he could have a tenant in to cover the mortgage until he sells, but he didn't take into account that legally he can't just expect the tenant to leave at short notice, and that he has a legally binding contract with you to provide you with housing. If he wants you to leave early then he would be advised to cover your moving costs etc - he can't just expect you to tow his line as you're paying him for a service. I would speak to him and ask him how long he intends to rent the property to you, and then go and speak to a solicitor and also Shelter. The CAB can be a bit hit and miss. Finally, have you received information about which scheme your deposit is being held in?

silvercar

At the worst, you could not have found out the situation until the landlord gave you notice in May to leave at the end of July. I think you just need to plan for a move in 6 months time. Withholding rent is a bad idea; the landlord could take steps to evict you, you would get no reference and could end up being pursued through the courts.

Not what you wanted but sadly it goes with the territory. For your next property try to find a tenancy for 12 months without a break clause.

mr.broderick

Dummie wrote: »

Hello

Today I received a phone call from an agent wanting to arrange a viewing.

At first I was confused and thought they had the wrong number. They hadn't. It turns out my LL is selling the flat that I am renting and only moved into under 3wks ago.

I immediately called my LA. They told me that they already knew but had only found out 1 day before I was due to move in. They said the LL informed them that he had already informed me of this. I made it very clear that today was the first I had heard of this.

My LL called a little while later. He claimed that the LA had told him they had informed me of this. So, basically each passing the ball to each other.

When I took on this flat, I stressed on a number of occasions that I was seeking a long term rent. In fact, this is was one of my negotiating tools when my first offer got turned down.

I have just seperated from my husband and live in this flat with my 3yr old autistic toddler. Being autistic means that my child gets very anxious and upset with changes to his routine and Ive been through hell since we moved in and he's still not settled. This is why I made such a big deal re the long term rent thing.

Can anyone tell me if I have any rights? The LL knew before he rented to me that he was intending on selling but he nver informed me. Neither did the LA. I never would have moved into this flat if I had known and I feel I have been misled/mis-sold. Apart from the obvious stress of moving there are also the financial side of LA fees and the cost of moving. I have also brought new bedroom furniture because the flat does not contain any fitted storage.

My AST is for 12mths with a breakclause in May where 2mths notice can be given by either party. I realise that this means at the earliest I won't need to move out until July but this is no comfort to me.

I know and understand that this is one of the downsides of renting and that you can never be truely secure in your rented property because the LL is entitiled to give notice.

There is someone coming tomorrow to view the flat. My LA said I am entitled to not let them view the property until May. She also said the LL had informed her that he was marketing the flat as a buy to let with a tenant but I just found the details on Rightmove and this isn't the case.

One of them is not being honest and I totally hate the situation they have put me in. I feel so angry but also so helpless.

My heart felt sympathies.
Let this be a lesson to anyone thinking of selling to rent with all the talk of a looming crash.