My Landlord Wants To Sell The Property I’m Renting

donna2010-01-22 22:55:28 What do you do when you find out on a estate agents website that your landlord is selling the house you are in..
Also the rest of the land in plots..one of the other tennants asked our landlord what was happening and he replied it is none of your business.... noone has recieved any letters or communication from this person..he moved us from one house to a larger house because i had a new baby and required more space..our contract has never been signed,,feel very let down. 1

Darren2011-02-17 19:26:45 The article says "If your landlord gave you notice and asked nicely, then there’s no real reason to be stubborn"... but our landlord didnt give us notice, a sign just appeared one day... where do we stand? 2

Mike2011-02-17 22:10:35 As I understand it, you have a contract. That contract is binding on him as much as it is on you. Assuming your payments and care of the property are faultless, he'll need a valid reason to gain a posession order - just don't stop paying the rent. If he returns it, keep it safe so you can pay in full at any point.

He has a number of options, however

1) sell the house with you as a sitting tenant (sometimes other landlords will see this as an advantage, if you've been a good tenant)

2) wait until the agreed end of your AST - and refuse to allow it to roll over - ie you're out at the end of the contract. This might not meet his timescales, however.

3) he can make things as difficult for you as possible - though if he starts harassing you then that's illegal.

4) he can offer you inducements to leave, for example, offer to pay your moving expenses - providing you're willing. If he's selling because of debt, however, this may not be an option.

There is another possible situation - he may have lived in the property previously and want it back for living in himself. Under some circumstances a section 8 eviction notice can be used to cancel the tenancy early for this reason - though i think he'd still have to apply for a possession order to force you to leave


ps - i'm not a property lawyer, this is just my understanding. If you definitely want to stay put, it might be worth talking to one. 3

Miss_Majic2011-03-09 16:33:33 My landlady has just decided to sell because she's retiring and needs the money. She's now turni9ng up with builders at inconvenient times to do work I've been trying to get her to do for the last 18months, she invited herself to look round every bit of the property even though I told her not to go in my bedroom and she saw things she really didnt want to see (her fault, I told her not to go in). I've had two strokes already, I really dont need the stress of me and my son having to find somewhere else to live again. Can I claim compensation and is she allowed to just invite herself round to nosey at everything? 4

Darren2011-03-09 21:55:50 Check the terms of your letting agreement. Mine states that the landlord must give 48 hours written notice if access is required (but there has to be a legitimate reason for access, i.e. inspect for repairs and to carry out repairs). Is the letting managed by an agent? They should be able to advise you, but be wary as our agent's loyaties clearly lie firmly with the landlord. 5

Paul2011-04-10 19:40:13 Hi,
I signed a rental agreement for one year and then find out soon afterwards the landlady wants to sell up, I only found out from the estate agents when they phoned up to arrange a viewing, I wasn't best pleased as I have had absolutely no contact from the landlady of her plans, if I knew prior I would never have moved in! So now we are having viewings which is really making me miffed as my privacy is being invaded and I don't think it is right. What are my rights can I move on terminate my contract and get my deposit back? Also refuse potential buyers a viewing? I'm only thinking this way because she hasn't one ounce of decency it is me getting called from the agent to arrange a viewing and not one apology from her. 6

Darren2011-04-11 09:19:34 Paul - check the wording of your contract, if you’re on a 12 month agreement then the landlord may not be able to terminate this until it has expired. Also, with regards to viewings by prospective buyers, my contract states that these can only take place in the last two months of the tenancy, i.e. months 11 and 12, or once notice has been served when the tenancy has become periodic. It also states that we are to enjoy quiet and uninterrupted use of the property - constant viewings does not constitute quiet and uninterrupted use.

If your agent is anything like mine then they won’t have a clue about the legislative side of things; basically monkeys with phones doing the landlord's bidding with no consideration for tenants! 7

Paul2011-04-17 13:48:17 Hi Darren,
Thanks for the advice I will look at my contract in detail. What about if I want to terminate my contract - is this a possibility? As I am getting really p*ssed off with strangers coming around viewing the property. Our privacy is being invaded and have had enough, I really like to say f*ck off deal with the landlady and come round when we are not in.

Regards,
Paul 8

Darren2011-04-18 11:22:49 if they're in breach on contract then maybe you're within your right to terminate, but I'm not sure. May be worth speaking to a solicitor or citizens advice. Personally I'd just stop taking their calls. 9

Arlana2011-05-03 20:49:39 I just signed a 1 yr lease about a month ago and a few days ago I got a call from the landlord asking my permission to schedule a viewing for some possible buyers. He wouldnt tell me much but im a little nervouse because I just got settled in and I have 3 small children Im not in a mental state to move anytime soon. in fact I wanted to renew my lease once it expired. Whatam I to expect if these people buy the house...someone help me! 10

Darren2011-05-04 11:11:49 Arlana, if you've signed a 1 year lease then the worst case scenerio would be that if the landlord issued you with notice then it could only expire after the 12 months. it may be that he is planning to sell it as a rental property, if so, any buyer would want you to stay on as a tennant. 11

debbie2011-05-04 20:54:05 Hi, my landlord swapped estate agents and then decided to sell, at the moment i have no contract and am allowing viewings, but its driving me nuts now, i and my lads do not want to move i am single, also the landlord or the estate agents will not fix the oven which came with the house.
I am getting very frustrated and upset do i have any rights whatsoever?? 12

Darren2011-05-04 21:24:59 if you signed a contract when you took out the tenancy then you should still have a contract, regardless of whether or not he changed agent. the contract is with the landlord, not the agent. If the term exprired then you'll probably be on a periodic tenancy agreement. You need to seek advice and find get a copy of your contract. You may not be obliged to allow viewings.

As for the oven, if the property was let with the oven as part of the package then the landlord is obliged to have it fixed. 13

Lizzie Burt2011-06-10 13:07:11 Hi Darren, my husband and I are expecting our first child in early July. Our landlord has advised us today that the property in which we live is being sold. Our tenancy agreement expires 10 August. If the exchange of ownership takes place prior to that date we are not sure what our legal rights are with the new owner. Can they evict us on the grounds of new ownership or are they obligated to honour our current tenancy agreement? Your Sincerely Lizzie Burt. 14

Darren2011-06-10 16:04:39 Lizzie, I'm not too sure to be honest. I would say that your landlord must've sold the property as a rental property and the new owner would take over the tenancy and your current agreement would still be valid. Your shorthold tenancy agreement will become a periodic tenancy in August, i.e. a rolling contract. You will still be entitled to 2 months notice (or whatever's in your contract). The new landlord would be an idiot to evict his tenants tho. It makes no sense to do so. Speak to your current landlord and ask them to clarify what's going on. You've got a right to know. 15

Kat2011-06-29 05:58:17 Hi, I need help. Me and my partner have been renting this old post war house which is over 40 years old for 1 1/2 years.A month ago coming up to our lease expiring, our real estate agent phones us and told us the owner wanted to sell. As we were coming up to the end of our lease, the owner put us on a periodic lease while all the open house inspection where taking place. It has finally ended, the new owners have taken over. I just got a call today from my realestate agent saying the owner wants us to sign a new lease but is only letting us rent for 6 months, not 12 mths which is what we had asked for. Not only that but the new owner is also wanting us to pay more rent! which we just cant afford, mind you the house we are renting is very very old and needs alot of work done and we dont even have a car port! We dont know what to do and dont know what our rights are. Are we able to negotiate with the new owners about the rent increase,and lower it to a price we can afford? we are great tenants and have also looked after the property well. Can we refuse to sign another contract untill all the work that is needed to be done on the house is fixed? any help on this matter would be greatly appreciated. 16

Victoria2011-07-26 12:22:35 HI all,
Appreciate any of your comments. The shoe is slightly on the other foot here. We have a property under offer with it set to exchange within the next week. It was a private sale as the owner had a nightmare tenant and was very keen for her to go. We got in for around 10 minutes only once and we had to move hell and earth to get in. There was a 6 month break clause which she has actioned some time ago and the tennant is due to move out on 16th Aug. We have been trying to get into the property all month as we are desperate to go measure up so as to buy furnitre. Ideally by the end of this month as that is when sales are onto.

What are the tennants rights here? Can she refuse entry? We have given here weeks noticen not just 24 hours at a minimum.

Thanks for your advice. 17

Darren2011-07-26 13:16:55 Victoria

If the current landlord has served the proper notice any standard contract should state the the LANDLORD has the right to gain access providing 24 hours WRITTEN notice is given. Therefore I'd imagine that you'd have to be escorted by the vendor (landlord)... thinking about it though, my contract may have said "reasonable notice" which is so ambiguous its laughable... thankfully we're out of there now and we've bought our own place... I'd never rent again! I'm a landlord too because I couldnt sell my first house and believe me that's no bed of roses either! 18

Darren2011-07-26 13:19:43 Kat,

Judging by the terminology you have used ('lease', 'real estate', 'car port'), I'm guessing you're in the US? I'd imagine the legislation over there is different and any advise on a UK site should be taken with caution as it may not apply over the pond. 19

Victoria2011-07-26 13:24:21 Thanks for the comments Darren. We have given sufficient notice on more than one occassion and she always cancels the day before and says it isn't convenient. Very infuriating. A week's notice is more than reasonable so have you any idea of what my next step would be? The real estate agent's are stressed out apparentely and don't want to deal with this anymore (it's still been done through an estate agent) as it is all too much. They are saying there is nothing they can do and I've demanded to have a look at her contract and they won't provide it. I know this woman's name and where she works and calling her I know would only kick this off even more. 20

Jane2011-08-04 11:12:07 Hi Victoria,
I am an ARLA qualified property manager and can confirm as follows;

Each contract may differ slightly in terms of the time in which notice has to be served in order for it to be deemed reasonable, though it is often a period of 48hrs as a minimum.

In the case of the tenant that is in situ for the property you are buying, the agency have no right to release the contract to you as you are not a party in the agreement.

However, regardless to how much notice you serve, the tenant is well within their rights to say that it is not suitable, but they must provide a valid reason. This is of course to allow them quite enjoyment, but on the same note, should not be used as a way to disrupt the Landlords intentions, which in this case is your purchase.

When the tenant cancels, it should be asked of her why it is not reasonable - she cannot simply state that she doesn't have time as it is not essential for her to be present. She must however, also provide a suitable alternative that works for both of you. If she fails to provide a suitable reason, then the Landlord is well within their rights to access the property regardless, as long as she is made aware of this.

On a final note, my concern for you would be as to whether or not the tenant actually intends to vacate. It is all good and well that she has been served notice, but it sounds like she has been served a section 21 which is notice requiring possession. If she refuses to leave, the owner would then have to take her to court for a posession hearing and it is not unusual for the tenants to be awarded a period of time to sort alternative accommodation. On top of this, if then refuse to leave again, bailiffs have to be appointed to have them removed. Some tenants take this course of action because it is the only way in which they can be housed by the council rather than going through a private landlord again. This would very much be by the councils advice, otherwise she is considered as making herself 'willingly homeless', and so they will not help her.

If she does refuse to leave, then you are going to want to move the exchange and completion to allow yourself time to have her evicted as if the sale goes through whilst she is still in situ then you will be responsible for having her removed!

Hope this helps and good luck!

Jane 21

Darren2011-08-06 10:31:29 Hi I've just signed a 12 month lease 2 months ago. Landlord has now told me she has sold the flat and the new buyer is buying it for himself and wants to give me 1 month notice. What are my rights. Cheers Darren 22

Darren2011-08-06 11:17:13 Darren

as far as I am aware they have no right to do this, the notice period (whatever that is in your contract) will only commence once the 12 month period has expired. Although Jane is better placed to answer this accurately. 23

Jane2011-08-06 16:32:10 Hi Darren,

The new owner has 'inherited' you for want of a better word, as a tenant and they must abide by the rules of your tenancy.
They may think that they are not bound by the terms of your tenancy because they did not sign it, but they are now the new owner which in turn makes them the new Landlord.

You may have a break clause in your tenancy agreement (usually on the last or second from last page), but it is often set for 6 months, which means notice cannot be served until month 4 to have you out at month 6 or month 6 to have you out at month 8, depending on the wording!

My advice would be not to go anywhere.
You would have not long paid agency fee's and the new 'Landlord' must follow the rules. If he wants you out before your break clause is affective or the end of your tenancy (whichever is sooner), then he would have to serve you a section 8.
I recommend clients to have these issued by a solicitor because there are numerous grounds under which this notice can be served (in your case it would be because he requires the property as his main home which is a mandatory clause which means he has a good chance of winning. However, as he bought it with you in situ I suspect he may not be able to use this ground), but my advice would still remain that you shouldn't go anywhere unless of course you are willing and/or they are prepared to compensate you for your costs and inconveniences. He will then have to take you to court to have you evicted.

Its a sad reality for the buyer, but I cannot imagine they bought it without knowing you were there! They wont be happy, but Im sure your not either!

Sadly I cant imagine the agent will do much either (if you went through a referencing process, it is unusual for these references to be passable between properties and you will have to pay for the pleasure again.

Good luck! 24

Jane2011-08-06 16:49:38 I would just like to point out that my advice is general, I have not seen the tenancy agreements where advice has been provided and of course the advice I give is based just on the information received. As I am not familiar with any of the situations individually, my final advice would always be to seek legal advice either via a solicitor or through the citizens advice bureau which is free! 25

Darren2011-08-07 09:50:32 Thank you. Will wait and see what happens and what is offered 26

Andrew2011-08-10 12:56:08 I signed a 12 month contract in December last year, today I received a call from the letting agency stating the landlord wants to sell the property and has asked if he can get estate agents in now to value etc, the landlord has "told" the letting agency he is going to sell to another landlord. If we decide not to agree to the early valuations then he will wait until the 2 month notice period on Oct to do this.

If a new landlord does buy the house do we have any rights as sitting tenants after our contract ends in December?

I did live in this property for 3 years, 2 years ago with the same landlord and it was a good relationship, I paid on time and left with full deposit refunded etc... What is my best course of action? As I dont really want to leave this house. 27

Jane2011-08-10 16:44:56 Hi Andrew,

You can only prevent access for the Landlord and his agent with a valid reason. It seems unnecessary to prevent the valuation from taking place simply because you are concerned about the outcome and how it will affect you as ultimately the result will be the same. In addition to this, it does sound like the Landlord is trying to be reasonable. Most people only sell investments if they need to release the funds or can no longer afford the payments, so keep that in mind also.

The new owner, if buying it with you in situ will become your new Landlord and will be bound by the terms of your tenancy agreement also. Yes it expires in December, but it will roll onto what is called a statutory periodic tenancy if the new landlord does not renew. If he does decide he wants you out then he can serve you notice in line with the terms of the tenancy, be it the fixed term or the periodic tenancy.

Though it sounds like he is selling it to another investor and he has no reason to lie if you have, and have previously had a good relationship with each other. Therefore, there is a very good chance that you will be able to remain.

Good luck! 28

Keith2011-08-14 15:46:50 We've been in our private rented house two years, but only signed an initial 'six month tennacy agreement', when this expired we just continued living in in the house as usual, paying the rent as normal. No one asked us to sign a new contract, so we never pushed the issue. A letting agent managed the property on behalf of the landlady, who went to live abroad. The landlady is now back and has put our home on the market to sell. We have been told we have two months to get out, easier said than done. What's our position? 29

Jane2011-08-14 17:19:53 Hi Keith,

It sounds like the landlady has followed the rules as she has served you two months notice, though since you are on whats known as a periodic tenancy you are in a position to serve just a month on her.

Ideally the notice should be served on a rent due date but this is not essential or legally required. Just easier when calculating final payment due.

You are in no position as such other than to follow the rules or not. You can either vacate as requested or you can refuse and she will have to take you to court for possession. However, it seems rather un-necessary considering she isn't trying to be unreasonable and in the event that she is granted possession, which she probably will, she may also be able to claim legal costs which may be applied to you (though your best to check this with a solicitor or citizens advice). At best, you should expect to be given an extended period of time to vaate the premises once taken to court but this is rarely extensive. Plus, to be fair, she has already provided a very reasonable notice period so its unlikely that a judge is going to sympathise with you as again, she has followed the rules.

You say "easier said than done" with regards to vacating, why do you think that you will not be able to find something else within 2 months? Plus, keep in mind that you could always ask the Landlady to delay notice until she has a purchaser that has had a survey as this is more usual and will of course give her rent in the meanwhile. However, should she permit this, you are of course obliged to allow viewings and access for surveyors, estate agents, viewings etc.... Perhaps she has served notice now to either prevent this consistent interruption to you or she already has a purchaser lined up?! 30

Pauline2011-09-22 10:30:22 We are moving out of rented house and so far I have had around 8 viewings with 4 more booked in today and 2 more on Saturday. We only have 4 more days till we move out and then the house will be empty for a week so we can come back and clean plus get any bits and bobs left behind.

My question is, can I give the estate agents/landlord a cut off date for no more viewings as its getting a bit stressed out trying to pack up while at the same time opening the door for strangers too walk round what is still my home?

thanks
Pauline :) 31

Sarah2011-10-06 17:20:40 Hiya, I have been renting a property for 5 years from a family member and have never signed a contract. Regular payments have been paid each month into his bank and I have now been told the property has been sold and I need to find somewhere else to live! Do I have any rights at all? I don't want to go!!

Thanks,
Sarah 32

Sophie2011-10-08 00:06:32 HI there, We moved into a rented rundown farmhouse last November (2010)and have spent time and money doing it up. We have now been told it is being sold as part of a larger estate and in Lots but we don't have the funds to buy it. We are devastated and desperately want to stay. We have animals and horses which should we end up getting a two month notice would struggle to find another property suitable. Is there anything we can do??? Is there companies/investors out there who would consider buying it as an investment and allow us to continue renting? Please help as i am now getting really desperate!

Thanks,
Sophie 33

Cruz2011-12-13 04:04:03 Darren,
On June 9 2011,I signed a 12 month lease but the landlord sold the property about 2 months ago. I currently pay rent to person who bought property but we do not have a written contract. Is my contract void from first landlord who sold property? Do i have the right to leave the property since i havent legally signed new contract with current owner? Also first landlord who sold property still has my deposit and called me just yesterday saying that he had not heard from current owner. (I pay rent to landlord parents not to owner of property) Also live in texas if that matters some. Thanks in advance 34

Benji2011-12-14 02:21:56 Cruz,

Your original lease is still valid -unless the new owner bought as a foreclosure. In which case you can leave after giving written notice of the length of the rental period. i.e monthly, fortnightly or weekly

Your old landlord is legally responsible for the return of your deposit until the new owner gives you a signed statement that they have received it and are now responsible. 35

Lynn2012-01-12 19:04:52 Hi can you tell me where my son his partner and children would stand if the landlord decided she could not pay the mortgage on the house and to let the bank take it what would happen to the tenants
Just that we know that the landlord is getting a divorce and things are a bit messy and we don't think that she will be able to afford the mortgage I am Just so worried about my son and his family - Lynn 36

Jeremy2012-01-12 22:51:02 Hello Lynn,

As per the main atricle, the tenancy continues. The bank is obligated to allow the tenancy to continue. Depending on the bank's way of dealing with reposessed peoperty with a tenant they could:
- Re-sell to another landlord (usually at an auction) who wants a property with sitting tenants;
- Terminate the tenancy with a Section 21 notice when your contractual period comes to an end. 37

anita2012-01-17 12:15:27 Hello, got a problem here :( Lived in my house for over 20, it belong to a dear friend of mine (he passed away 3 years ago). We never had an official rental contract but because im on benefits % dla the council pays for my rent. Now my friends family wants to put the house up for auction and said to me u can buy this house if you want (but i cant get a mortgage) When
he house get sold what are my rights? 38

Benji2012-01-17 16:04:44 Anita,
If your agreement (it doesnt have to be in writing) was before 1997 and you are in England or Wales you may well be an 'assured tenant'. This gives you a lot more rights than normal, one of which is your right to remain in the property (unless you break the agreement).

I really think you need to seek proper legal advice on this.

For free advice try;
a)Phoning shelter on 0808 800444.
b)Book a face to face meeting with your local citizens advice bureau.
c)Contact your councils housing department.

Make sure you tell them when you moved in. 39

Charlene2012-01-18 10:46:36 Hello,
I am seeking some advice.
My partner and I signed a contract to rent a flat for a year. We saw a house on the market that was a bargain so I rang the estate agents and was told that we would have to pay a remarkting and early release fee from our contract of £337. We agreed to this and they started showing people round the flat. Now the owners have decided to sell. However our mortgage is now near completion.
Can we still leave and just pay the early release fee? Or now, because no one is taking over our rent do we have to wait till our flat is sold?
Thanks in advance for helping me 40

alison price2012-01-18 11:56:40 i have been renting my house since april2011.on a assured shorthold tenancy agreement,my landlord has told me he will be selling the property,i dont want to move ,what r my rights please.thank you 41

Benji2012-01-18 12:45:41 Alison,

If your landlord wants to sell you will have to move out eventually.

If your AST agreement was for 12 months, you will receive 2 months notice to vacate at the end of the tenancy, i.e April 2012

If your AST agreement was for 6 months, it is now periodic and you will receive 2 months notice to vacate.

This is called a section 21 notice, check if you have already been served one at the start of the agreement.

If you don't move out, your landlord will need to obtain a possession order and then a bailiffs warrant. You will be charged for the legal costs of this.

Lastly, check if your deposit has been protected in a deposit protection scheme. If it isnt, a section 21 notice will not be valid. 42

Benji2012-01-18 14:38:28 Charlene,
Im not sure as I understand you 100%.
But assuming you are in E or W.
You are tied into an agreement with your landlord for the 12 months. If they agree to release you that is their choice. You have no legal right to it.

However it does work both ways. If they wont release you until the flat is sold, you could wait until they exchange contracts then request a release fee from them. If they dont agree, it will cost them thousands to the buyer for breach of contract. Not a very nice thing to do, but as I said, it works both ways. 43

Charlene2012-01-18 15:18:15 My partner and I signed a contract to rent a flat for a year. We had loads of problems with the flat and were left without a fridge for 8 weeks!! After this we decided to have a look at houses. We saw a house on the market that was a bargain, so we viewed it and wanted to make an offer. I rang out current estate agents and was told that we could leave our flat earlier than our year lease but we would have to pay a remarkting and early release fee from our contract of £337. We agreed to this, made an offer on the house and that was accepted. Our flat was remarketed out and they started showing people round the flat. Now the owners of our flat have decided to sell rather than relet and don’t want any new tenants in there. However our mortgage on the house we made an offer is now near completion. If we cant leave our lease we are going to have to pay both rent and our mortgage payments.
Can we still leave and just pay the early release fee? Or now, because no one is taking over our rent do we have to wait till our flat is sold? This seems unfair to me.
Have I made this a bit clearer? 44

Benji2012-01-18 16:08:04 Yes Charlene, thats all clear.
It does seem unfair after theyve already agreed.
If they hold you to it Id go the route earler advised. 45

Charlene2012-01-18 21:21:10 Thank you very much for the advice Benji 46

seo2012-01-31 18:40:17 Admiring the dedication you put into your site and detailed information you present. It's awesome to come across a blog every once in a while that isn't the same unwanted rehashed information. Wonderful read! I've bookmarked your site and I'm adding your RSS feeds to my Google account. 47