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

Dummie_2

Gingernutmeg wrote: »

I suggest you get legal advice from Shelter or the CAB.

I did manage to have a quick chat with someone from CAB in the afternoon. He told me not to panic etc as it's not likely something that will happen within the next few weeks as the property market is going down. I have another longer appointment on Friday 15 Feb. He said my case is quite complicated due to my lone parent status, my son's disability and because I'm using my savings to pay the rent. I don't know why this complicates it. He stated the obvious that with only a very small income my savings will not last very long. I knew that. Didn't need reminding :eek: . He said he'll carry out a benefit check for me to try and help me out.

liz545 wrote: »

Finally, have you received information about which scheme your deposit is being held in?

I have this certificate thing that says my deposit is held in xyz scheme as required by law or something. Sorry, not totally clued up :rolleyes:

silvercar wrote: »

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.

Don't worry. I would never withhold rent. Two wrongs never make a right. Besides, just because he's not being decent doesn't mean I have to scoop to his level. Some people will call me stupid but I live true to my own morals and standards. Which s why I seem to get taken for a ride or riped off all the time :mad:

Konisberg

Gingernutmeg wrote: »

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.

How is it ridiculous? It's a 12month contract with a 6month break clause. It's a contract that both parties signed. Either one could exit the contract at 6months and that is what the landlord "may" do if he sells the property. However, this is not the complaint of the OP as I understand it. The complaint is the Landlord knew he would be selling when he agreed to rent to the OP for a minimum of 6months. Which begs other questions such as who would buy a property that they had to wait 6 months to complete on? Anyway....

It makes me angry too, and it isn't fair and I have tremendous sympathies with the OP. But, they haven't got a leg to stand on legally and suggesting that in their position you would make things difficult for the LL and then take them to court for costs etc etc. This is just vindictive and would serve no purpose other than to embroil the OP in weeks of unnecessary stress. It's unfair and I agree it's likely that everyone knew the facts when the OP signed but they also knew there is nothing that could be proven. I just feel that the OP will not gain anything here. There is no harm in speaking to the CAB of course. However, regardless of what has been said the contract is the legal document and this has not be broken. Best wishes Dummie.

Gingernutmeg

I don't believe that it's vindictive to ask the landlord for costs, if his actions mean that a contract that he signed cannot be fulfilled - selling the property means that, at the very least, the tenant's right to quiet enjoyment is going to be significantly compromised.

A tenant moves into a property in good faith, expecting that at least they can have a stable home for the minimum period stated in the tenancy agreement. This isn't the case here. The tenant here has no idea what's going on. I'm not suggesting that they make things difficult, but I think it's perfectly reasonable for a tenant to want to know where they stand before they start allowing viewings etc. The landlord here hasn't been honest (not telling tenant they're selling, saying that it's being sold as a property with a tenant when it's not advertised as such) or reasonable - I personally wouldn't be able to relax and 'live' in a property when I don't know what the situation's going to be in a week, or a month. Tenants are human too, and you have to keep them in the loop. Yes, renting out property is a business, but it's a very particular kind of business where a landlord's actions can have a massive effect on their tenant's lives. You can't just 'do what you want' as a landlord and not expect the tenant to want a degree of compensation if they have to move again because of your actions and lies.

If the landlord wanted to sell after six months, then he should have issued a six month contract making the tenant aware of his intention to sell. To issue a 12 month contract, and then drop this on the tenant, is just unfair. In many areas of business, to offer a contract with terms that you have no intention or ability to fulfil is actually illegal - I don't know if this is the case in tenancy but I'd definitely be taking legal advice.

Voyager2002

At this stage of the tenancy, the only buyers who would be serious are BTL investors. And for the OP, it really would not matter if your landlord changed, so long as you could continue to live in the same flat with the same rent and other terms.

So, I suggest that you allow viewings and be polite to the people coming to see the flat, but make them aware that you are a sitting tenant and have no intention of moving. Indeed, tell them that you and your landlord signed a twelve-month contract. Anyone who is interested in becoming your landlord will be pleased to learn that such a reliable person as you is living there, and plans to stay there for the long term. Anyone who wants a home for themselves will realise that evicting you would be complicated and unpleasant, and so will rapidly look for another place to live.

The discussion above about the 'break' clause at the six-month point of your contract indicates that the legal situation is messy. Anyone considering buying the flat will understand that if they want vacant possession, they would have a lot of hassle. And people moving home do not want hassle, so I think that anyone in that position would just look elsewhere.

Nicki

We recently moved with my ASD daughter, and to be honest while we were selling viewings with her in the house were a real chore. This was with a child who was very settled and had been living in that house all her life - not your case at all! If your DS is still raw from the move out from the family home, he is likely to find any viewings far too stressful. If your child goes to any kind of nursery provision, Dummie, I would say viewings can only take place then. Otherwise, you might want to say that you will not allow viewings until your tenancy has expired because of the disruption which this will cause your child. Your LL knew before he signed the tenancy agreement that you had a disabled child so he can't really bleat now that you are not prepared to accomodate him, when this will cause your child distress.

(Sorry, know this isn't specifically landlord-tenant advice, but just wanted to throw it in for Dummie to consider)

WTF?_2

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.

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.

That sucks, but as others have said no point playing nasty and witholding rent or leaving the place in a mess when you leave. Regardless of how badly the LL has acted it doesn't give you the right to act badly too.

This situation is likely to become increasingly common over the coming years. Plenty of idiots bought into Buy To Let without doing their sums and now that the economy is slowing they are being caught out and forced to sell.


You do have until July to find a new place so use this time to locate a place not owned by some peabrained BTL wally who finds themselves forced to sell up.

BenL

Sorry to hear about this, I would also be very annoyed if this happened to me.

There have been a few other posts recently about this and some good advice was to give the LL or EA a list of times when you could do the viewings maybe once a week - of course if the EA is doing the viewings it may not be as important.

You will just need to make sure you are not inconvenienced too much as the LL is effectively getting you to show people around his house!

DGJsaver

CYBERCIDERSAVER wrote: »

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.

I take it you know that not EVERYONE rents because they dont want to buy ?

pinkshoes

Have you seen the brochure for the property by whoever it's being sold through? Perhaps it's being advertised as a buy-to-let property with "the perfect tenant" already in place, so all that will happen is a change of landlord, which won't make any difference if it's being let through the same agent.

Landlords selling up at the moment is going to hit those renting quite hard, which can often lead to rent being increased. I hope we're not going to end up with the situation where tenants end up paying MORE to agree a longer tenancy!!

WTF?_2

pinkshoes wrote: »

Have you seen the brochure for the property by whoever it's being sold through? Perhaps it's being advertised as a buy-to-let property with "the perfect tenant" already in place, so all that will happen is a change of landlord, which won't make any difference if it's being let through the same agent.

Landlords selling up at the moment is going to hit those renting quite hard, which can often lead to rent being increased. I hope we're not going to end up with the situation where tenants end up paying MORE to agree a longer tenancy!!

I think we may very well see increasing rents over the next few years as BTLs exit the market (reducing rental availability) and many people hold off buying houses. preferring to rent instead (increasing demand).

Anyone looking to rent should seek a landlord who has owned the property longer than about 5 years. This means that the mortgage is likely to be easily serviced through the rental income and the LL has been serious about renting it out over a longer period of time.

Avoid properties bought in the last couple of years like the plague as the LL could very well be forced to sell up or even repossessed in many cases since the maths for BTL haven't made sense in the last couple of years.