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  • FIRST POST
    • nr26410
    • By nr26410 9th Mar 18, 11:46 AM
    • 2Posts
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    nr26410
    Parents rental being sold
    • #1
    • 9th Mar 18, 11:46 AM
    Parents rental being sold 9th Mar 18 at 11:46 AM
    Hi all

    A property that my parents have been renting for about 18 years is going to be sold, they were given a heads-up via a phone call from the owners daughter who inherited her parents property portfolio.

    Obviously it has come as a bit of a shock after they have been there so long, but from a practical POV I'm wondering what happens next?

    I know my parents have a contract that I'll get a copy of to review, but wanted to ask would the landlord have to issue some kind of formal notification at this point, either direct or via the letting agent? If so, is there a legal notice period or would that be dependent on the contract?

    Appreciate your help, both are 85+ and very worried as am I.

    Thanks again
    Neil
Page 1
    • Comms69
    • By Comms69 9th Mar 18, 12:02 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #2
    • 9th Mar 18, 12:02 PM
    • #2
    • 9th Mar 18, 12:02 PM
    Need to know the EXACT time they've been there.


    Other than that, it depends.


    Obviously they cannot just be chucked out with no notice, no court date etc. And actually the sale of the property does not mean they must leave.


    A typical eviction takes between 3-6 months, and area depending the national average is 40 weeks.


    That is assuming they have an assured shorthold tenancy, which is now a statutory periodic tenancy.


    get the contract and then come back, it's all abit of guesswork without it (find out exactly when they moved in, atleast month and year!)
    • Annie35
    • By Annie35 9th Mar 18, 12:09 PM
    • 216 Posts
    • 184 Thanks
    Annie35
    • #3
    • 9th Mar 18, 12:09 PM
    • #3
    • 9th Mar 18, 12:09 PM
    A worrying time but its good to find out what to expect.

    The landlady or agent will send a section 21 letter. This asks 2 months notice to vacate. If you find a new place in this time, great, less hassle all round but don't worry they won't be evicted on this date.

    Next step is at the date given the landlady can apply for a court eviction. Anecdotally this is said to take around 40 weeks from issuing the section 21 letter, but it could be sooner, it could also take longer.
    • silvercar
    • By silvercar 9th Mar 18, 12:15 PM
    • 37,240 Posts
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    silvercar
    • #4
    • 9th Mar 18, 12:15 PM
    • #4
    • 9th Mar 18, 12:15 PM
    They should get formal letter telling them the name of the new landlord and also bank account details for the rent.
    • theartfullodger
    • By theartfullodger 9th Mar 18, 12:18 PM
    • 9,537 Posts
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    theartfullodger
    • #5
    • 9th Mar 18, 12:18 PM
    • #5
    • 9th Mar 18, 12:18 PM
    Indeed: Need to know exactly when they moved in - they may have more rights than they thought.

    A property owner (original or later..) is entitled to sell. Selling or it being on sale does not end tenancy nor require tenant to leave. New owner simply becomes new landlord, even if sitting outside with huge removals van & 3 screaming kids and a mentally deranged hubbie...

    The new owner, when they have bought, needs to serve certain formal notices (s48 & s3..).

    They should do nothing until sent any formal notice by the old owner or executors or new owner. Then they should 'phone Shelter helpline 0808 800 4444 - the experts in this matter.

    It may also be wise anyway to contact local council housing department and explain their circumstances: Councils sometimes have property zoned for over 55, 60, 65 etc and might be easier to get a new home.

    Best wishes
    • Comms69
    • By Comms69 9th Mar 18, 1:09 PM
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    Comms69
    • #6
    • 9th Mar 18, 1:09 PM
    • #6
    • 9th Mar 18, 1:09 PM
    A worrying time but its good to find out what to expect.

    The landlady or agent will send a section 21 letter. This asks 2 months notice to vacate. If you find a new place in this time, great, less hassle all round but don't worry they won't be evicted on this date.

    Next step is at the date given the landlady can apply for a court eviction. Anecdotally this is said to take around 40 weeks from issuing the section 21 letter, but it could be sooner, it could also take longer.
    Originally posted by Annie35


    Sorry no it's not. A s.21 is not notice to vacate. Infact technically a tenant must serve their own notice if they choose to leave.


    It's not anecdotally said to be 40 weeks, that is the average time it takes.
    • franklee
    • By franklee 10th Mar 18, 2:52 AM
    • 3,645 Posts
    • 3,898 Thanks
    franklee
    • #7
    • 10th Mar 18, 2:52 AM
    • #7
    • 10th Mar 18, 2:52 AM
    First thing is to find out if the landlord intends to sell with tenants in-situ which would require selling to another landlord.

    Or does the landlord intend to evict the tenants and sell with vacant possession which would allow them to sell to the whole market.

    If the latter does the landlord intend to evict the tenants before marketing the property or only once an offer has been received?

    Second thing is to find out the details of the tenancy. Is it an assured short hold tenancy or something else? If an AST have the tenants been signing new contracts e.g. every year or are they on a periodic tenancy? If they signed a new contract is there a fixed term? Is there a break clause?

    Where is the property? Are we talking England, Wales or Scotland. The law differs between them.

    I agree with the above poster, could this be a chance for your parents to get housing association or sheltered housing suitable for older people?

    Having had to move twice when two different landlords wished to sell I sympathise and I see that ti's extremely worrying and stressful especially at their age but nothing is going to happen overnight so hopefully once they understand the situation better they will feel better about dealing with it.
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