Landlord selling up

lkalka

I am currently renting house. It is a 6 month AST that started on the 7th December.

The landlord says they have a buyer for the property so there looking for me to move out.

So I have a number of questions: -
Can the Landlord sell the property before my 6 months are up?
Does the Landlord need to give me my 2 months notice in writing before the 6th April to get me to leave on the 6th June?
What happens if they say give me notice on the 8th April, does that mean I can stay till the 8th June or another full month i.e. 6th July.

Thanks for the help.

kunekune

I'm sure someone will correct me on these, but:

1. Your LL can sell but at the moment it will be subject to your tenancy. You can't be thrown out without the proper procedures being followed.
2. Yes, whoever your LL is (and you could, I think, be 'sold' with the property), must give you proper notice.
3. As you have spotted, it is already too late to get you out for the 6th May, UNLESS - and this is a big unless - you were issued with a s21 notice (effectively, an eviction notice) at the same time when you signed the lease.
4. Provided you haven't been served with the notice, you will need two months notice under the periodic tenancy that starts when your AST finishes. I think these run from a rent date, so assuming your next rent date is 6 April, notice served on that date will end on 5 June (not 6th). But notice served on 7 April will end on 5 July.

You need to go through your documents carefully, because if you were already served with the notice, then (a) you could have less time than you think to get out and (b) you need to get an expert (ie, an organisation like Shelter) to check that it was properly served - if that has happened, your best bet is to challenge the legalities of how it was done (assuming, of course, you want to stay rather than leave as soon as possible!).

Gorgeous_George

He can sell the property - but you can stay to the end of your 6 months.

He does not need to give two months' notice in writing as it is a 6 months' tenancy but he would be advised to serve notice for you to quit. He may have served notice at the start of the tenancy - word of Damolcles.

IF he gave notice on 8th April, it would take effect on 7th May and you would need to be out by 6th July. Except, it is a 6 months' tenancy so you should be out by 6th June.

I'd take the opportunity to leave when it suited me within the 6 months providing the LL was happy for that. A little flexibility on both sides is required in these circumstances.

GG

lkalka

Thanks for the replies.

I'm still a litlle unclear.

On the document I signed (I only signed one. I wasn't issued with any notices) it says: -
Tenancy Agreement for Assured Shorthold Tenancy.

The Term 6 Months Beginning 7th December.

Important Notice to the Landlord
Always remember to give written Notice at least two clear months before the end of the Term if you want the tenant to vacate.

So in my mind although this was a 6 months tenancy, if the landlord wants me to leave on 6th June then I must have written notice before or on the 6th April?

I don't want to be funny about this, I just want to know my legal position because I'm going to need to find a new house for me and my family to live.

lkalka

bump

Just wondering if anyone else had any thoughts on my position.

Guy_Montag

Make an agreement with you LL, tell him you'll move out as soon as you fund somewhere new, if he'll be flexible about your leaving date (i.e. you can move out when you've found somewhere, not necessarily at the end of a rental period - saves you potentially paying for two places at once.) Also perhaps see if you can get some financial assisstance from him for paying the extra charges you will incur.

clutton_2

what extra charges ?

lkalka

There arn't any extra charges so I'm not really bothered about the financial point of view, I just wanted to know the legal situation.

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On the document I signed (I only signed one. I wasn't issued with any notices) it says: -
Tenancy Agreement for Assured Shorthold Tenancy.

The Term 6 Months Beginning 7th December.

Important Notice to the Landlord
Always remember to give written Notice at least two clear months before the end of the Term if you want the tenant to vacate.

So in my mind although this was a 6 months tenancy, if the landlord wants me to leave on 6th June then I must have written notice before or on the 6th April?

---

chappers

You are correct he has to give you two months notice from the rent date, if he misses the 6th of April deadline you will be able to stay for two months from the next rent date. this is regarless of whether you are still in the 6 months of the AST or on a periodic tenancy.
You cannot leave before the end of the tenancy and if you wish to leave at the end of the tenancy, need give no notice, however if the tenancy rolls over into a periodic one you must then give one months notice.
If the landlord issued you with a section 21 at the start of your tenancy then you must leave at the end of the tenancy, but if the landlord failed to lodge your deposit with a deposit scheme then the section 21 would be invalid and due notice would have to be given.

kunekune

I think what Guy-Montag meant was the cost of arranging a new tenancy. However, it's unlikely the LL would agree - it was only a 6 month tenancy to start with, so the tenant would have no real expectation (as opposed to a hope or assumption) they would be staying beyond that. All that's happening is leaving earlier, unfortunately.

secondtoughest

I'm in a similar situation. I'm now on a rolling one month's tenancy, the landlady has a buyer who is looking to move in 'around May'. I've tried to keep it amicable so far but the thing is, I like it here and I don't really want to move.

Does she have to give me 2 months written notice? i.e. if she did it today I would have to move out by May 31st? To be honest I'll probably move sooner but I wanted to know where I stood.