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  • FIRST POST
    Sunflower001
    Sitting Tenant's Rights?
    • #1
    • 9th Jun 12, 8:38 AM
    Sitting Tenant's Rights? 9th Jun 12 at 8:38 AM
    My son is in Private rented accommodation and agreed that it would be a Long Term Let wit the Landlady. He has been there now for 2 years and his Landlady has now decided to sell the Flat as an Investment Property with Sitting Tenants (i.e. My son and girlfriend) through the original Estate Agents who he went through. If someone buys the property, can they give my son Notice to move out, does he have any rights as a sitting tenant? He is quite worried that they could give him notice to quit. Thanks
Page 1
    • sequence
    • By sequence 9th Jun 12, 9:09 AM
    • 1,835 Posts
    • 1,428 Thanks
    sequence
    • #2
    • 9th Jun 12, 9:09 AM
    • #2
    • 9th Jun 12, 9:09 AM
    Any landlord can give him a S21 (two months) notice at anytime. Note that he can't be evicted during the fixed term unless he doesn't pay the rent. Modern tenants have very few rights compared to laws of the past.
    • atrixblue.-MFR-.
    • By atrixblue.-MFR-. 10th Jun 12, 12:13 AM
    • 6,705 Posts
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    atrixblue.-MFR-.
    • #3
    • 10th Jun 12, 12:13 AM
    • #3
    • 10th Jun 12, 12:13 AM
    in my experience, wich is limited, only happened to a friend, is that when a landlard sells his/her property with sit in tennants is that the landlord/lady is trying to limit inconvienience to you, i.e is passing his tennancy over to the company that is purchasing it in the hope they will honour the tenancy.

    this doesnt always happen, as the tenancy with the landlady could be quite different to those the company has with regards to the type of people they wish to have, i.e no dss, pets,adaptions,parking arrangments, and most of all rents and charges services. now here on completion of the sale, the contract may be reviewed by the company that has taken over, they may offer the same tenancy until the term has expired on the original contract, they may issue notice not to renew the tenancy, they may offer their own tenancy but this may have a financial impact to your son and OH and they may not afford it.

    i think it would be best if your son got hold of the landlady and asked for a meeting to know what is exactly happening, then try and get answers from the company that is buying the let property.

    from my friends perspective, the original tenancy was short term 12 month contracts after probationary 6 months, the company that took over issued notice that the rent amount would remain the same that they would honour the existing contract but would not be renewing the contract or offering a tenancy after his contract term as she did not meet their criteria i.e no dss, they followed up to months prior to contract end with a 2 month nitce.
    Last edited by atrixblue.-MFR-.; 10-06-2012 at 12:18 AM.
    • sequence
    • By sequence 10th Jun 12, 1:35 PM
    • 1,835 Posts
    • 1,428 Thanks
    sequence
    • #4
    • 10th Jun 12, 1:35 PM
    • #4
    • 10th Jun 12, 1:35 PM
    The new landlord cannot choose not to honor the original contract if they buy the house with the tenant & contract, they must honor the contract unless the tenant agrees otherwise. However if there is no current contract in place, then it it probably a statutory periodic tenancy and the LL (new or old) can give you 2 months notice. You don't have to leave until a court order is obtained though, if you wanted to take it that far. This post would be better in the "house buying and renting board" though.
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