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

Dummie_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.

After the LA assured me that the LA was ONLY marketing the property as a buy to let with a tenant in place I searched Rightmove. Luckily I found it but it says 'excellent opportunity for an investment or first-time buyer'. I called the LA who told me they didn't know the exact instructions the LL gave to the EA who is handling the sale and will speak to the LL again.

To be honest I feel neither of them can be trusted so I don't want to deal with them again. I've already promised to allow the viewing today so I'll go ahead with that but after that I think I'll tell the LL that I won't be allowing anymore viewings during my tenancy because it doesn't allow me quite enjoyment. I'll also make it quite clear that I am angry for the way I have been misled which is why I am not willing to go out of my way to accommodate them if they don't even have the decency to be honest with me! It's all very well putting that down here. :rotfl: Will I have the courage to actually go through with it? Will let you know

RabbitMad

Simple resolution - refuse access to the property for all viewers. You can do this permenantly until you move out.

pinkshoes

!!!!!!? wrote: »

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.

Not necessarily!! Some people seem to have very little equity in houses they've owned for years!! lol

Ideally you'd be able to find out how much mortgage is outstanding on the property, so you could work out the interest payment, and see if it's less than the rent! (And if the interest was much higher than the rent, then run awaaaaaaaaaaaaaay!!).

But alas that's not possible.

Personally I'd go for long contracts (like they have in France - often 3 years, where you give 3 months notice to move out, or 1 months notice if you change job and thus location,and have supporting documentation to show this), so that way if the landlord gets repossessed, you at least have a few more rights!

liz545

Dummie wrote: »

I think I'll tell the LL that I won't be allowing anymore viewings during my tenancy because it doesn't allow me quite enjoyment. I'll also make it quite clear that I am angry for the way I have been misled which is why I am not willing to go out of my way to accommodate them if they don't even have the decency to be honest with me! It's all very well putting that down here. :rotfl: Will I have the courage to actually go through with it? Will let you know

If you feel that you might not have the courage to stick to your guns when you're speaking to your landlord, why not try writing/emailing? It's a lot easier when you get your thoughts on paper and you don't have to see their reaction!

Trollfever

Change the locks and put door chains on.

Tell the EA that you will be happy to show their clients around by prior appointment but you want £100 cash payable up front before the appointment to compensate you for your time and trouble.

hjb123

the two months notice - are they not able to serve it before the 6 months - ie could they serve the 2 months notice at 4 months for the contract to finish at 6 months or is it that the earliest they can serve it is at 6 months to be out at 8 months?

deary65

Notice seeking possession is not a notice to quite i.e it does not end the contract, that, comes to an end at the determination of the letting. A notice seeking possession can be severed any time once the tenancy commences in month 1,2,3 ect...,

Pez2

I'm not sure that refusing all viewings is necessarily the thing to do here. If the landlord is really serious about selling, then you'd essentially be giving him no choice but to evict you as soon as he possibly can. On the other hand, if you allow viewings (on your terms and when it suits you) then the house may be bought by a new landlord who would keep you on, or your landlord may not even find a buyer in the current market.

SquatNow

I would contact the landlord and explain that you are entitled to quiet enjoyment of the property until the day your tennancy expires. Point out that this means you are under no obligation to allow sales viewings.

Explain that prices are falling rapidly and that if the LL isn't even able to start marketing the property and showing people around until the end of July, in the current market the property will have DECREASED A LOT in value and will be a lot harder to sell. (The the sounds of it the Landlord knows it is going to fall and was just waiting until after the April CGT change!)

Explain that you are prepared to have viewings, ensuring the house looks good, and and even show the prospective buyers around and help in the sales process to the best of your ability, in exchange for a fee.

50% of your PCM rent, paid by the landlord by cheque within 7 days, for each viewing you do, a bonus of 1 PCMs rent if you property sells while you are in it, with an additional bonus of 2 PCMs rent for you to agree to move out early if the sale looks like going through.

Those are reasonable amounts to cover the hassle involved, especially given how it will effect your son.

If he refuses, Suggest he takes it off the market until after you leave as he is wasting his time because you wont allow viewings. Ring the estate agent too and tell them you wont allow viewings. Then they can explain that the only way it will sell is at auction at a massive discount.

IMPORTANT: Do not let the estate agent come and emasure up and take photographs... they have NO RIGHT to do it!

deary65

Just to add to your defense the following, when you speak to cab but much better a lawyer point them to the DDA 1995.

"
Important Court of Appeal decision in "The Times" today: Lewisham LBC v. Malcolm.

T with NO security of tenure at all was served with Notice to Quit. L (landlord Council) lost Possession Order claim on grounds that it discriminated against disabled T, unlawfully under s.22(3)(c) of DDA 1995. Nothing reported turned on reason for Notice or absence of security- it was simply that a disabled T was exempted from consequences of actions caused by his disability (presumably unacceptable conduct as basis for NtQ).

The courts being a public body you have a right to a fair trail "Fair" means fair to all that would include your son. i.e have the premises become adapted to the your son's disability.

The Judge refers in paragraph 52 to two County Court decisions, one of being a case where a Judge refused to make an order under s21 where the tenant was disabled, as examples of courts happily adapting to the DDA 95 without difficulty.
The thought of landlords being unable to evict tenants under section 21 because of the DDA will send a shiver down the spine of all private landlords, and may well result in a private determination not to knowingly let to any disabled tenant in future. This will do nothing to help the prospects of the disabled (particularly those suffering from mental illness) obtaining accommodation in the private sector.