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do letting agents have to inform you if the flat your going to rent is for sale?

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  • robwend
    robwend Posts: 2,919 Forumite
    silvercar wrote: »
    Don't panic yet, it may be that the landlord only intended selling if he couldn't find a tenant.
    i hear what your sayin silver. the fact is its been on the market scince feb, and the tenants moved out last week with me ment to be moving in 2 weeks, so its not as if he hasnt tenants lined up, thats what gets me thinking, i dont want the flat now at all!.its lefta very bad taste in my mouth with the agents not telling me.i just hope i can get my deposit back when i go in there tomorrow showing them the for sale papers and see what they have to say for themselves
    You're not drunk if you can lie on the floor without holding on
  • Incisor
    Incisor Posts: 2,271 Forumite
    1,000 Posts Combo Breaker
    robwend wrote: »
    i hear what your sayin silver. the fact is its been on the market scince feb, and the tenants moved out last week with me ment to be moving in 2 weeks, so its not as if he hasnt tenants lined up, thats what gets me thinking, i dont want the flat now at all!.its lefta very bad taste in my mouth with the agents not telling me.i just hope i can get my deposit back when i go in there tomorrow showing them the for sale papers and see what they have to say for themselves
    Get a grip. People are all the time putting property up for sale and for rent at the same time. All you need to know is whether the rental contract stands. If it does not, then the deposit must be returned
    After the uprising of the 17th June The Secretary of the Writers Union
    Had leaflets distributed in the Stalinallee Stating that the people
    Had forfeited the confidence of the government And could win it back only
    By redoubled efforts. Would it not be easier In that case for the government
    To dissolve the people
    And elect another?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    When you took the tenancy, you signed an Assured Shorthold Tenancy agreement. Normally an AST is for 6 months, occasionally for 12 months. Yes, it can be extended, but there is no obligation on the lalndlord to do so. Even if the tenancy is allowed to roll on after the initial term, the landlord can terminate it on two months notice at any time and for any reason.

    So you need to look at your AST and see what it says. If it is a 6 month tenancy, that is all you are entitled to. You have no argument in law, because you have signed a legal contract agreeing to this. But as others have said, you do not have to allow people to view the property while you have the tenancy - which is why many landlords end the tenancy and leave the property to stand vacant when it goes up for sale.

    I understand your frustration, but the house being on the market is not sufficient grounds for you to terminate the tenancy early. Whoever you rent from, you are not going to get any guarantee of a long term let, it is simply not how AST's work.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • nrsql
    nrsql Posts: 1,919 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    robwend wrote: »
    i hear what your sayin silver. the fact is its been on the market scince feb, and the tenants moved out last week with me ment to be moving in 2 weeks, so its not as if he hasnt tenants lined up, thats what gets me thinking, i dont want the flat now at all!.its lefta very bad taste in my mouth with the agents not telling me.i just hope i can get my deposit back when i go in there tomorrow showing them the for sale papers and see what they have to say for themselves

    So tenancy is coming to an end in a few months. Landlord would like to see if it's more profitable to sell the property so puts it on the market. Doesn't get any good offers but a good tenant turns up so he carries on renting and takes the property off the market for another year.
    Doesn't see any reason to inform the tenant that he had tested the sales market (and why should he?).

    If I was the landlord I would be concerned about my new tenant if he came along complaining that he had seen the property on rightmove and wanted his deposit back. I would probably give it back to get rid of him as it sounds like a tenant I wouldn't want long term.
  • PayDay
    PayDay Posts: 346 Forumite
    robwend wrote: »
    cheers, just im going down there tomorrow with evidence its on the market, demanding my holding deposit back,i made it very clear when viewing i need long term due to two small children,so i feel very very let down and bloody angry

    It doesn't sound like the LL is in it for the long term. I think you should look for another property.
  • JuneBow
    JuneBow Posts: 302 Forumite
    To the OP.
    No the landlord does not have to tell you he is selling the property, but you do have to be informed of a change of landlord. So even if the landlord sells the house to his wife, you would still have to be told if the landlord changed.
    On the subject of viewings, it would be a very unusual contract that did not allow the landlord to take people to view the property to either buy or to rent it.
    Do check your lease, but usually, it says you must allow the landlord to take viewers around in your final month of the tenancy.
    The landlord is also entitled to reasonable access to the property with reasonable notice.
    I have extended my lease to say that I can show anyone around at any time if I give reasonable notice. If your landlord has a number of properties then it is likely that he has his own lease which would similarly extend his access.
    It is quite wrong to say categorically that you can refuse to show people around.
    You should check your lease.
  • CJ2405
    CJ2405 Posts: 28 Forumite
    We always advise landlords not to sell whilst a tenant lives in a property, as it can be problamatic.

    Also if a property has been marketed for sale and rent we ensure the owner takes it off the sale market before any tenant signs a tenancy agreement.

    They may have been trying to sell and rent at the same time?
    Treat everyday as your last one on earth! and one day you will be right.
  • zebulon
    zebulon Posts: 677 Forumite
    JuneBow wrote: »
    I have extended my lease to say that I can show anyone around at any time if I give reasonable notice. If your landlord has a number of properties then it is likely that he has his own lease which would similarly extend his access.
    It is quite wrong to say categorically that you can refuse to show people around.
    You should check your lease.

    :confused:

    You can write whatever you want in your lease - does not mean that you can apply it if it's not fair terms or contradicts Acts etc.
  • JuneBow
    JuneBow Posts: 302 Forumite
    zebulon wrote: »
    :confused:

    You can write whatever you want in your lease - does not mean that you can apply it if it's not fair terms or contradicts Acts etc.
    :confused:
    If you are refering to the Unfair Contract Act (1977) amended I believe in 1999, it applies when parties to the contract are in an unequal bargaining position, or one party to the contract seeks to remove another's statutory rights.
    Neither apply to my leases which have been drafted in conjuntion with myself and my solicitor.
    Why would I place myself in a position where my contracts would not be valid?:confused:
    What in those clauses removes a tenants staturory rights? What is unreasonable?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    JuneBow wrote: »
    What is unreasonable?

    It might be the way you worded your posting, but that you can show a viewer round any time you like so long as you give the tenant notice.

    As it stands you'd have to write, giving 24 hours' notice and they'd have to agree.

    So, it could be construed, from your posting, that you might have viewings going on at all times of day/night simply by "telling them", no ability on their part to say no.

    In which case, it could be seen that you were trying to illegally evict them by making a nuisance of yourself with the viewings.
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