My Landlord Wants To Sell The Property I’m Renting

Knock, knock, it's your landlord

Are you in a situation where you need to get the fuck out of your home because your landlord wants to sell up while you’re still in the middle of a tenancy agreement? Yeah, it happens.

I imagine it can be extremely frustrating for any tenant put into that situation. There are two ways the tenant can play it. Either kick up a fuss and refuse to leave the premises, or just roll with the punches and gracefully slide out the door.

Legally, you, the tenant, don’t have to vacate.

  • Your tenancy isn’t unaffected. You can remain in the property until the tenancy ends.
  • If your Tenancy Agreement stipulates that you have another 6 months left until the end date, then that remains binding.
  • You don’t have to allow access for viewings. The only time the landlord can force entry is strictly under emergencies (e.g. a fire). Refer to the blog post on Tenant’s Right To Live In Quiet Enjoyment for further details.
  • If you feel like leaving early, you could surrender the tenancy in exchange for a cash settlement.

So by all means, you do have rights in this situation. You could make life extremely difficult for the landlord.

Issue to take into consideration

As a tenant, before deciding to be a stubborn mule, take into consideration the facts. If your landlord gave you notice and asked nicely, then there’s no real reason to be stubborn. Granted, it would entail extra effort and unwanted hassle of moving out and finding a new place to stay on your behalf. However, renting is always temporary anyways, so you would have had to cross that path at some stage. There’s no point being a pain in the ass just for the sake of it. Only stand your ground if there’s reason to.

Moreover, it might be worthwhile finding out WHY the landlord is selling. Is the landlord having financial difficulties? In that case, would you really want to make life even more difficult for him/her? I guarantee the stress of having to sell to kill debt is a lot greater than having to find a new place to rent.

I base those thoughts of consideration based on the decency of the landlord. If the landlord is a complete pompous ass, and always has been, then I would happily make things extremely difficult for the landlord, and demand a dollop of personal financial gain for persuasion.

140 Comments - join the conversation...

Showing 91 - 140 comments (out of 140)
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Prem2012-10-05 23:54:50

Hi, we moved into our current rental in late June 2011 with a 12 month lease agreement. We were then subsequently asked to sign a lease renewal agreement and were chased until we re-signed in July/August for another 12 months. Both agreements contained an 8-month break clause with 60 days advance. In effect, the earliest either of us could terminate our agreement in our current agreement is February 2013 as long as notice was provided in December 2012.

About a month or so after we signed the renewal, we were told by the lettings agent that the landlord intended to sell the place and they needed to have access to the property to conduct viewings. Apparently the decision to sell is based on the proposed increase in maintenance fees for our property something that has been well-advertised for a while and could hardly have changed the landlord's mind overnight. Since then, the lettings agent has been quite aggressive in pushing us to allow viewings. What bothers me is that it feels like the landlord probably made the decision to sell earlier but wanted to ensure that the tenant was in situ before commencing to sell the property (trying to get the best of both worlds). Note: Rent pcm is £1500 so not particularly cheap and we have never had any arrears during our entire tenancy.

While I am willing to accept my skepticism may be unwarranted, the real rub is that these viewings cause significant disruption to our lives since for the most part, the times that people want to view are the times that we just want to get a breather from our busy lives (6 pm on weekdays and Saturday mornings). Wife and I have very busy jobs in London, have a 3 year old boy, and have no network of family or friends to call upon - not unusual I know but makes any break very welcome. We are being pressured to commit to viewings at least 2-3 times a week and they are seeking "guarantees" that we will allow viewings at least 2 Saturdays a month. They are also advising us not to be present which seems particularly bizarre since this is "my space". In terms of timing, it's probably even more challenging that this is also probably the only time in my current job that it is ever going to be as intense as it is today.

I have tried to suggest once a week window because I am trying to stay sympathetic to the landlord's need to sell despite my misgivings. I am also somewhat concerned that this could mean viewings for the next several months until break clause, i.e, Oct 2012-Feb 2013. I have asked whether or not the landlord would be willing to break the current terms of the contract to have us find alternative housing so he can get on with selling the property and we can get on with our lives but have been informed that other than offer a "nominal" discount (what the heck that means!!!) on the last month's rent (Feb 2013) he is unwilling to void the contract or agree to an early release date. I am starting to get a bit annoyed since we have had no disagreements to date but this is starting make me a bit shirty.

At this point, what is a reasonable course of action? As I said, in terms of timing, it's never going to be a good time but the next 2 months are probably going to be the most stressful from a work perspective, and the current situation feels like the only real break we get from the work week is also significantly compromised. Advice?

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Jeremy2012-10-11 21:56:54

Hello Prem,

Sorry for my delay in getting to you. My first advice is to read your tenancy agreement carefully to see what the landlord's rights are regarding marketing the property with you in situ.

The agrements I use have a clause saying that within the final one or two months of the tenancy the tenant is to permit reasonable viewings for marketing.

So if your landlord is using an agreemnt similar to mine (and I think they are pretty bog-standard) then they have no contractual right to have any acces to the property for marketing purposes until December. And then only if they issue a Section 21.

I make this point because I think this is the foundation of your negotiation position with the agent. Make them understand that allowing viewings is therefore entirely a matter of goodwill by you. And that goodwill is only going ot exist if they do things on your terms. What are those terms? Well, only you can decide. Only one viewing per week? A rent reduction to allow any viewings? A rent rebate per viewing? It's up top you.

You're in a strong bargaining position. No viewings means no sale, which in turn is thwarting the plans of the landlord. I think the landlord and / or agent has cynically manipulated you into renewing so that the landlord can guarantee their rent income right up to the moment of sale. It's possible they can't afford the mortgage and maintenance costs if the property becomes empty prior to sale. Maybe put the frightners on them by refusing all viewings and then negotiate from there. Property is selling very slowly at the moment. They coudl suffer a really long void period. If they realise they can't afford an empty property long term then they'll have to bargain with you.

As for leaving the property when it's being viewed, you can tell teh agent to forget that. Nor should you accept any pressure to clean and tidy up especially for viewings. If the agents want that to happen then they can come round and do your cleaning for you.

Hope this helps. Please let us know how you get on.

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Monika2012-10-12 14:28:25

Hi, We moved in to the property in February and since the Landlord is selling the flat. She told me that she has been selling it for 5 years so we do not need to worry. (Our contract is for 24 months but after 12 month we can give a notice). She did not tell us about the selling until we signed the contract.
The problem is they organize viewing quiet often, sometimes 3 times a week, but average is 2/months which is annoying. I requested them to inform us at least 1 day before the viewing but still it is to much for me.
I do not want strange people come and see my home every second week.
The contract says we need to allow the property to be viewed during the last 2 months of tenancy at normal working time.
But is also says the landlord can entry to the property with my permission and with a notice 24h before the appointment.
Is it include viewings as well? What are my possibilities?
many thanks

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Mery2012-10-20 17:55:00

We entered the flat almost a year ago, on the 15th Nov 2011 on a fixed tenancy agreement of six month. After this period, the contract would change onto periodic tenancy, from the 16th May 2012. On those basis, we have been advice by the landlord that he wants to sell the flat now and consequiently, we are already receiving people from the agency for viewings. Not even within the last two months since we don't know when that would happen. He has told us he would let us know as soon as a buyer is found. After that moment, we will have a two month notice -section 21- expiring on the last day of a rental period of tenancy.
if it was to us to decide to leave before that happens, we would have to give at least four weeks notice and expiring (as well9 on the last day of a rental period of the tenancy.
Fine.
Now my Q is: when the landlord finds a buyer and tells us we have just two months more to be in the flat, do we still have to give one month notice to him? Could we live at any time? Some flats are available in two weeks time (both through agencies or private)
I am really trying to read in between lines in our tenancy agreement but can't find an answer so many thanks in advance, Jeremy! hope you can help us.

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Jeremy2012-10-23 21:18:18

Hello Mery,

The answers are:
+ No. Only one party has to give notice. The landlord's is a minimum of two months, the tenant's is a minimum of one.
+ You can leave at any time but this does not bring the tenancy to an end. So you could be paying two lots of rent at once for an "overlap" period. A considerate landlord would cut you some slack as you're unlikely to get a perfect overlap with your next place. If you don't know your landlord is going to be considerate then: Seeing how you're allowing marketing viewings more than two months before the termination of the tenancy then say you'll only allow these to continue if you get flexability over the rent owed at the end of the term.

Hope this helps. Please let us know how you get on.

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Jeremy2012-10-25 20:52:50

Hello Monika,

You are entiteld to quite posession. The landlord can not use the clause about visits with 24 hour notice. This is intended for emergnecies, repairs and occasional inspections (usually quarterly). No matter what it says in the contract, this is how the law interprets it.

In addiiton if the landlord expects to have reguar viewings then this violates quiet posession and they should have told you that they can not offer you quiet posession at the time you negotiated the tenancy.

Your starting negotiation position is that marketing viewings will only be allowed within the last two months of the tenancy, ie. from c. August 2014. If they want anything else, it's by your special permission and good will. What are they willing to offer you to get that goodwill? It's up to you. I might start with a rent rebate for each visit and an absolute guarantee of the full return of the deposit (after all - any damage might be done by prospective buyers trapsing around and not you)

Hope this helps. Please let us know how you get on.

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Kay2012-11-12 21:22:26

Hi, I've moved like three times for the year b/c the landlords would have sold the home I'm renting. I have to move again but the landlady was nice & got an agent to email a list of homes I might be interested to rent. She can't afford to keep the home b/c both of her kids are now in college. I'm looking at townhomes, do you think it's a wiser choice over a single home by itself? Would renting a townhome stand a lesser chance of being sold while I'm in it? I just don't want to end up in these situations anymore. Thanks in advance!

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Jess2012-11-27 12:43:33

Hi, I really need some advice. My Landlord has gone on the turn with me because I spurned his advances and told him I would rather be friends. I have kept all the text msgs he has sent me. He called my mobile late on Saturday night intoxicated verbally abusing me and said he was gonna sell the house that my 3 kids and I live in. I have a 12 mth assured shorthold agreement. He then text me yesterday after I ignored him in the street asking when the best time would be for him to get the Estate Agent round. I have an inkling that he may just be doing this to frighten me as he is used to everyone doing what he wants. What can I do and where do I stand? Thanks in advance.

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Rosario2012-11-27 21:02:11

Hi,

My Landlord wants to sell her property, and we are in good terms with her so we are going to be cooperative. We have been living here for two years, but signed a contract for one, however she gave us two months of notice.

My question is, we are looking for houses now, if we find a house, can we just leave whenever we want? Or do we have to stick to that month notice? Is it applicable to both parties?

Many Thanks

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Jeremy2012-11-28 21:03:17

Hello Rosario,

Legally speaking you are obligated to pay the rent (and have posession) for the full two month period, even if you find somethere befreo then.

If your landlord is a reasonable person, they may allow you to stop paying early, after all, it's them who have instigated the move, not you. If you say you've been very reasonable, then ask them, they might say yes.

Please let us know how you get on.

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Rosario2012-11-28 21:15:23

Hi Jeremy,

Many thanks for your prompt reply. I will let you know how I get on (hopefully not too bad!).

Many thanks

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Sarah2012-12-11 21:50:54

My husband and I saw a rental property that is currently for sale very close to where we work. It is legally a 3 family house and a gorgeous newly renovated one bedroom unit is available. There is no "landlord" but they call it an "investor" instead. The person who showed us the apartment is the broker and has assured us that we can get a 2 or 3 or even longer lease if we wish and in the event ownership changes we will still get to keep the apartment. Is this true??

We are good tenants in general and pay on time and keep our place clean so that wouldn't be any reason to evict us. Other than that once change of ownership can we still keep the apartment. Also I am not willing to show my apartment for possible buyers if I take the apartment which I'll be asking the broker about today before signing a lease.

Can you please tell me what are my rights? And is it worth the risk to leave my current apartment "hassle free" and get into this new one that is getting sold soon if they get a buyer?

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Sarah2012-12-11 21:53:35

By the way this apartment is in New York so I don't know if the laws and rights would differ.

Many thanks

Sarah

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Jeremy2012-12-11 22:31:38

Hello Sarah,

All the advice you'll find on this site relates to UK law. If you've not already done son, please find another forum to post your question.

As good as your question is, there's no regular contributor here who knows US law.

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Charlie2012-12-24 02:41:45

Hi,
Sorry to bother you with this but we are in a bit of a pickle, let me please explain:

We moved into our rented house on October 20th 2012 with a standard 12 month contract that does stipulate that we would be required a "not less than two months" notice.
Literally 2 weeks into the tenancy we had a phone call from the landlord asking us to allow them entrance to show the property to a prospective buyer of which we did not object in any way what-so-ever and gladly allowed as the landlord stated that they had had the property on the market for 2 years without a single viewing and that there was absolutely nothing to worry about as this was routine and due to pressure from the agency they had the house for sale with.

This said, we received a very apologetic call 1 week later communicating that the people that had viewed the house had put an offer in and would like a second viewing, this I must admit was extremely upsetting for my partner as she is 4 1/2 months pregnant and it literally broke her heart, but we were understanding towards the landlord’s needs and did not object to anything as he stated it would not go through until well after the Christmas holidays, if at all as they had been through this before and nothing came of it.

We were unhappy about this but we plodded on and looked for a new property to move into. We found a new place and it does benefit us substantially as it is a lot closer to our families and amenities but, and I mean BUT, this property would not be available until 6th January 2013 (we viewed and secured the property on 26th November 2012).

The good bit: The landlord has offered his help with the removal with his own transport and has, in general, been a good guy (well, they are a couple and have been well educated and normal from the beginning).

On 5th December 2012 we allowed access to the property again for a second visit to review the property.

On 10th December 2012 we allowed further access for a surveyor to come and inspect the property which then showed us the seriousness of the potential buyers.

On 12th December 2012 we allowed access to a group of electricians who came to also inspect the property.

On 14th December 2012 we allowed access for a building inspector to inspect the property as there were a few issues with the loft conversion that had to be cleared up for the surveyor to complete his report and the conversion to be listed.

So the bad bit:

We have come to a crossroad, we were contacted by the new landlady some 4 days ago (18th December 2012) stating that their new property has been a victim of vandalism and set on fire and will not be ready for another 8 weeks due to repairs needed (they are living in the house that we are due to move into and are building a new house for themselves - hence the availability date being the date that their newly built house would be ready to move into initially which was 6th January 2013) and that she will contact us the moment that a specialist gives her a more exact estimate of the time required for the repairs to be carried out and for their new house to be available for THEM to move into.

We contacted our existing landlord (as soon as we received confirmation of when the new landlady’s house would be available) on 21st December 2012 to communicate that the house we are moving into is not going to be ready for another 8 weeks (14th February 2013) and that we would need at least another week after that to make sure that we had the time to move, the landlord THEN informed us that the sale completion date of the house we are living in would be the 9th of January and that we would have to move out by then or the sale would not go through, they even had the audacity to mention that they had postponed the sale once from BEFORE Christmas to the 3rd January 2013, then again to then the 9th January 2013 knowing full-well we would not have completed the move by then anyway.

The problem is as follows:

1 – We have NOT received any formal notice from our current landlord as to when we would need to vacate the property.

2 – We have NOT nor had NOT received any update of when the sale was due to even commence let alone complete and now we are faced with the problem that we now have to find somewhere to live on a temporary basis until the new house is available.

3 – We are decent, honest and humble people, we have never faulted on our rent and do not want to cause any bother, let alone have them lose the opportunity of selling the house, we are even contemplating moving into my partner’s mother’s house for the duration of the wait on the new house which, as of today would be 6 weeks and not 8 due to the new landlady and her husband moving into HER mother’s house so we can move in quicker.

All I ask is a bit of advice, my partner is still pregnant, still heart-broken and just wants out but I don’t see why we should be stabbed in the back and just lie down and take it, would we be horrible people to just stand and say we are not leaving until the new house is ready? Should we be compensated for our displacements and/or inconveniences if we do accept this preposterous situation and move to my partner's mother's house? Should we seek legal advice?

What can we do?

Many many thanks in advance!

Charlie

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Jeremy2012-12-27 22:59:21

Hello Charlie,

Have you and your new landlord already signed up to a written tenancy agreement on your new place? If you have then you are legally entitled to take posession of that property from 6th January. It is your new landlord who is legally oblidged to find themselves temporary housing whilst the fire damage on their self build is sorted out.

Your existing landlord has failed to act in the correct legal way to regain posession. The law stipulates that an Assured Shorthold Tenancy can not for less than six months, your's is a year long.

Even if your landlord wants to sell the tenancy remains in force (until mid-April 2013, at least) and the new owner must become the landlord.

So, rather bizarely, you rite because you think you have nowhere to live, but you are legally entitled to live in two places!

Putting legality to one side and thinking about practicality. I would suggest you stay put. Explain to the landlord that they have failed to issue the required Section 21 notice which means you don't have to move out. If that means the new owner's sale will fall through then so be it. What do you owe them? Or a landlord who moves you in and sells a house a few weeks later? I think you have been treated rather shoddily by your new landlord and should put your own family's needs above his desire to sell a property.

I hope this helps. Please let us know how you get on.

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Leighann2013-01-03 09:40:40

Hi There,

Me and my partner are renting a property at present.We signed a 6months tenancy and at the end of that we signed another 6 months taking us to 11.04.13. We were told by the landlord that is was going to be long term as this was going towards their pension. Unfortunately, just before Christmas, the letting agent that our landlord is using contacted us about coming to do an evaluation as the landlord was selling. This was the first we knew about it. We have a good relationship with our landlord as the letting agent is pants, so assumed they would have let us know first. A week after the evaluation, our landlord finally contacted us to explain that unfortunately they need to sell as they needed the money to buy again as they had been living with parents. We are fine with this and understand that things change.
All I wondered was, even though we have 4 months left on our tenancy, can we leave early due to the fact they are selling? Just we have found somewhere else and dont want to risk missing out on it. It is with the same letting agent, so wasnt sure whether they would transfer our current tenancy and deposit over to the new property. Any advice would be much appreciated.

Thanks

Leighann

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Leighann2013-01-03 09:43:59

Forgot to mention that we also have a 2 year old little girl to consider in this situation. We havent had much luck as since renting our first property in May 2010, we had to move Dec 2011, Apr 2012 and now again :( Could just do without the stress and heartache.

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Emily2013-01-19 13:49:11

Hi Jeremy,

Terrible sorry to bother you or ask any questions that seem to mirror the above situations, but as every situation is slightly different I could really use your advice.

My landlord is selling our flat but we are in a fixed contract lease until 31/08/13. Our landlords have always been incredibly quick to fix things, have taken on ideas about decoration for the flat and have been very lovely over the 4 years that we have been here. We are aware that there are financial problems on their side, so we want to do everything possible to help them out and be as little of an inconvenience as possible. Additionally, we have been offered a month's rent and £500 moving costs. All incredibly generous.

However, my husband and I are looking for jobs in another part of the country to make a move over the Summer months, which by the time the flat officially sells (a month's time) will leave us with under 6 months in our contract, which will make finding temp accommodation quite difficult. As with some sales, the flat has been on the market since June '12 and we have been more than happy to allow viewings/real estate agents/surveyors into our flat.

The last thing I want is to cause problems for our landlord, but at the same time we don't have family nearby and our friends aren't in a position to be able to put us up for a few months. I know it is our right to stay in our flat to the end of our contract, but I was wondering if you can advise to an alternative that would suit all involved.

Any help would be great!

Thanks!

Emily

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nik2013-02-07 21:16:26

Hi Jeremy

I moved my family into rented property 18 months ago. We were told at the time that it would be a long term let because the landlord used this property as an investment property. We signed a 6 month tenancy agreement which took us until 26 Feb 2012, we have not signed anything since! My landlord recently told us( via mail) he wanted to sell and that hopefully an investor would buy the property. We are in a position where we could but this property but he won't sell to us because of a finders fee! After pleading with the landlord to sell it to me he won't budge, and now he is really pressuring us to allow viewings through a different agency to which we rent! I have tried to negotiate with the selling agency a convenient time for viewings but they are insisting evenings and weekends, I think this is unacceptable because I have a young family and don't want them to see different people in there home, so my questions is, do I have to allow viewings at all???

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Jeremy2013-02-07 22:15:58

Hello nik,

My first advice is to see if you can understand more about the finders fee. I have similar clauses in my contracts where I use agents, but the fee is only as much (or less) than I would pay an estate agent to sell the place. I'm not sure how your landlord has got himself into a mindset which makes him think he will lose out.

My experience on viewings is that it may be reasonable to ask for viewings not to take place in the evening if this will disturb young chidren who are asleep. But it is not reasonable to say that the sight of a stranger in their home is reason to prevent a weekend daytime viewing.

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Jeremy2013-02-07 22:18:08

Hi mily,

Sorry for my delay in replying. I'm sorry to say that I'm not coming up with any bright ideas. Other than explaining it to lots of agencies or landlords until you find someone who will listen to common sense.

But I will keep thinking and if I havea eureka moment, I'll get back in touch.

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sue llewellyn2013-02-18 22:07:28

Hi there, we have been living in a rented house for nearly 2 years initially on a 12 month contact now month to month. Landlady now wants to auction house. Our problem is that the manageing agent is not the selling agent and the selling agent is being a right royal pain in the ass. She has arranged appointment and missed them without cancelling, tried to rearrange when I complained on a bank holiday, organised a photo shoot and measuring at a time we did not agree on and is now calling us liars. She has sent us abusive emails accusing us of holding up the process despite us agreeing to an auction date, a lot of viewings etc. She expects us to be able to attend appointments to open the house up when we are on holiday and at work. I have arranged for her to have access with a spare key providing she gives us the required 24 hour written notice. Now she is threatening us with VCAT and changing the locks which I'm not sure she can do legally - altogether an unpleasant piece of work. My question is this if she comes into the house with a photographer to take pictures for the action board and internet, are they allowed to touch any of our possessions and move them around without our permission. I am concerned that they will move things to try to make the house look better for the photos. I hae some valuable stuff in the house and dont want it broken, moved or to go missing. Do you know what our legal rights are on this matter?

thanks

Sue
Sue

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Jay2013-03-20 00:48:25

We have got a big issue i believe? In January our landlord text us telling us they are putting home on the market early spring. Long story short...we replied to her asking if we move out are we going to be accountable for the remaining months. We feel we do not want to deal with having to load kids up on the weekend etc so the home can be shown. She then replies.."You will not be accountable for the other months. February rent still needs paid" We paid feb. and now we are out she left a message that she wants march thru june rent!!! We saved the text messages so what do you all think? I personally believe that the lease is thru after she text stating we are not being held accountable for remaining months? Are my thoughts correct here? Please help!!!

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Pippa2013-03-20 21:36:47

Hi, my landlord has decided to list his house for sale. I have a assured short-hold tenancy. I resigned for 6months at the end of January 2013. On the listing he has stated that the current tenant pays a monthly rent of £525. However I have been paying £550pcm for the past 2 years. What are my rights as regards to letting him send people to view and the false 'rent' issue? He also never stated when I would be required to move. I asked how long i would have to vacate and didn't receive an answer . Just that I should find somewhere soon.

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Jeremy2013-03-31 13:54:31

Hello Jay,

The law of Promissory Estoppel allows you to rely upon your landlord's original comments. Speak with a solicitor (one of their free ten minute chats) to see if a txt message is good enough evidence should you have to ge the law involved.

This should arm you with enough info to go into negotiations with him.

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Jeremy2013-03-31 14:00:41

Hello Pippa,

Your rights regarding visits by potential buyers are covered on another blog, search Quite Enjoyment.

How, exactly, are you going to benefit bu telling a potential buyer you pay £25 more per week than he says you do?

You have now signed u to six months. Unless the landlord agrees to early termination on conditions you accept, you are obligated to stay for six months, even if the landlord changes. On the other hand, you could point out how you'll refuse to move out and make the place untidy when buyers come round, if he does not give you a firm deal on moving out.

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Liesel Howard2013-04-10 10:57:52

I would love some advice. I have lived in my home since 1993, in 2002 the rent increased and I signed another AST. My Landlord then gave the house to his son who became my Landlord and he got a AST form from WH Smith which was signed in 2003. He has since died and I am paying his wife the rent now, I haven't signed any agreements with her and I just continue as usual paying the rent. My original landlord in 1993 told me I could stay in the house until he was no longer around, he is still alive but now his daughter in law has told she plans to sell the house and she want me out in 2 months. This has come out of the blue, the house is unrecognisable compared to when I moved in and at the moment I have nowhere to go. I have aways paid my rent and never missed a payment did the daughter in law have to get me to sign a new AST with her since her husband died (my landlord) and is a AST from WH Smith valid. I am not being awkward but need more time than 2 months to vacate a place that has been my home since 1993. Many thanks for any help.

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Benji2013-04-10 12:02:08

Hello Liesel,

I think you may be an 'assured tenant' irrespective of any AST you have subsequently signed.
This gives you considerably stronger tenant rights.
Go through this flowchart here to find out;

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

Question 3b might be a bit confusing, the critical bit is "when you moved into your home"- It does not apply if an AST was given afterwards.

Phone Shelter on 08088004444.

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Luc2013-04-23 17:53:28

Hi! I need of desperate help! I recently moved into a property in devon..three weeks ago infact.. The property is fully managed by the letting agent.. We are on an assured tenancy agreement of six months.. We specified when viewing propertys with the agent we want spmething permanent and where reassured the landlord wants tenants to stay for a long time. We both work full time and have srimped and scraped the come up the the fees and everything totalling nearly two thousand pounds.. Further to this we recieved a phonecall today telling us the landlord is putting the property up for sale in two days time and that they want to come round and take pictures. Where do i stand? We are now faced with finding the deposit , removals and paying all the fees again in a few months time.. Let alone the unheavale.. I understand people can have money diffucultys but after 3 weeks tenancy and assured we will be here for as long as we want surely this isnt on? Ay help would be greatly appreciated!! Thankyou!! :)

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kathryn2013-06-07 09:55:42

We have lived in our house since november 2012, with a twelve month lease. Yesterday I received a letter to "the occupier" which stated that this property has been on the market for 79 days. I checked online and it is listed. Should the landlord have told us he is selling? There have not been any requests for viewings etc yet, but I recently had surgery and am not able to clean up for viewings if they start. Should I get in touch with my landlord and ask what is going on, or wait for him to tell me?

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catherine pearson2013-06-21 15:01:06

Hi,

i move out next week , our house has been sold, do we still have to go through the check out procedure as the house will have been sold as seen .

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kelly2013-06-26 14:09:15

Hi,

I moved into the house im renting in November 2012 with a years contract which doesn't run out till Novemeber 30th this year.

The landlord asked if he would be able to bring someone round the house to have it valued as he wanted equity because of going through a divorce.

The day after this I found the house is up for sale. 2 days later the landlord rang saying that he might have to sell the house, my partner told him we already new as we had found it on a website for sale. He went quiet down the phone.

We've now found out from ringing the estate agents that the house is to be sold at a low price for a quick sale and that it is vacant upon possession.

Im just wondering if the landlord has told the estate agents that he has tenants.

Is he allowed to just kick us out on completion of a sale. Hes never given us any written notice and we still have 5 months left on our contract.

Help...

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Sharon2013-07-25 15:45:28

Hi
We moved into our rented house in November 2012 on an initial 6 month contract, which then became a rolling contract in May this year. We have now been informed by our Letting Agent that our landlady is selling the property to fund another property renovation she's working on. Our letting agent has told us that if we let through them again we won't have to pay referencing fee's or a deposit as this can be transferred over from our current agreement as we've only been here 8 months. I think they're as annoyed with our landlady as we are, as we were also told it would be a long term let.
I was just wondering if we're entitled to anything from the landlady, eg, towards removal costs etc. We've been given 3 months notice to vacate, but we have already been contacted by her selling agent to arrange some viewings for 3 days time.
We have decided that we'd rather move sooner than later, so we're not putting any more money in her pocket, but i was just wondering what advice you could offer.
Thanks

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ROGER2013-08-05 20:50:48

Hi, ourban landlord has served us with 2months notice on the house we rent as he has now sold the property which is fine, but as the property has been sold do we still have to pay for professional cleaners to clean property and is it right that we still face deductions on our deposit when checking out considering the property has been sold and will not be rented out again when we leave? In our contract it says we have to do this so the house is fit for renting again or to sell but it is already sold before we move. We have been perfect tenements throughout our tenancy agreement. Please advise, thanks.

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Jane2013-08-05 21:36:10

SKUMAR - so you are aware under a periodic tenancy it is only the landlord that is obliged to provide at least two months notice. By law you can provide just four weeks notice. Therefore feel free to counteract his notice with your own in order to allow you to vacate sooner.

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chris bird2013-08-14 16:25:10

I have just started renting a house which i believed to be long term but the neighbour informed me it was on the market for sale. The letting agency did not inform me of this and now I am no longer secure as I thought I was. As the letting agency failed to inform me that the property was on the market, have they breached any laws?

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Jane Waring2013-09-02 08:46:52

My previous landlord who was the owner of the property got into a bit of trouble and the tenancy was administered by LPA receivers. The receivers issued me with a Section 21 notice. He has since sold the property but still liable for the mortgage. The receivers are still pursuing the section 21 notice on behalf of the bank. Can they do this? My new landlord has issued me a new tenancy agreement.

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Donna2013-09-06 13:18:40

My landlord is in the middle of a divorce ,he has changed estate agents and I haven't signed a new contract with the new agents . When I found out about the sale I was told I could live at reduced rent (no top up) he has never fixed anything in the property either. I always had my rent paid straight to him so it was always paid! When he changed agents theystopped my hb unknowing to me which meant there was a break and I couldn't get it changed to be paid straight to me . When i spoke to him he told me it wasnt really up for sale it was just for the judge to think it was being sold but the new estate agents have told me its def for sale and the old agents denied saying i could live here at reduced rate even though i have 2 witness ,I was told if I didn't do viewings I would be evicted too. I'm living next door to a property that burnt down and killed our friend (neighbour )and was witnessed by my 10 year old ,I have been told I need to move to help her get over it .i have no idea what rights I have what I can do . I need him to pay me my housing straight to me I have done enough for him ie insurance companies round to fix fire damage and viewings. I'm starting to lose my temper and need some honest stable advice to help me so please please help .my man
In concern is why my housing is being paid to a agent I have no contract with .... Thank u for any advice you can give me

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John2013-09-07 12:55:27

Heres a problem my wife and i are facing.

We have been reliable paying tenants since we moved into this 3 bedroom property but our (2 years occupied so far and 2 12 month agreements) 12 month tenancy agreement was coming to an end and the landlord wanted us to stay so in return for signing a 3 year contract (as we were very happy here) they started actually renovating and repairing the problems the property had suffered with over the course of our previous tenancy.

Of course we were happy to finally have the problems sorted and even a new kitchen fitted but then we received a call letting us know they were selling the property to the Estate Agents Pearson Ferrier.

My wife, not knowing about the consequences of this switch was presented with a form (Declaration of Surrender of Tenancy) which she signed without reading!

Now we are receiving calls from our new landlords for viewings and although i knew whilst we had the agreed tenancy for 3 years we at least had a saftey net to use in case we were forced out but not i'm not so sure.

As i understand it my wife signing the Surrender of Tenancy form basically means we are up shit creek and our 3 year paddle is lost.

Is there any legal recourse from this because she obviously did not read what she was signing?

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Darren2013-09-15 18:58:32

I've just been notified that possessionproceedings have begun againgst my landlord by the mortgage lenders for the flat I live in. I'm on a rolling contract and the hearing takes place one week after my next rent is due. If he loses the flat what happens to the rent I paid and what happens to my deposit?

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Jai2013-09-18 09:13:15

I have just moved out from my rental flat where I had been living for almost 3 years as my landlord was planning to sell the flat. The letting agents managing the property have sent me the deposit release details with a deduction charge of £1100 for repairs/damages etc. Most of it was not correct and I have managed to bring it down to £500. I dont mind paying for the damage that has actually been done, for example there are some blue marks on the wall which I am happy to pay for.
The thing is that the landlord has sold the flat to one of my good friend who is still awaiting for the keys and hopefully should get the keys this week. Now I have a feeling that the compensation charge is just for the benefit of the agent, because as they are no more managing it I dont think they would actually get the walls painted or get that repair done. My friend is the owner of the flat so I dont think the lettings can even have access to the flat.
So my question - is there a way I can still negotiate with the lettings agent for the charges they have put forth?
I am more than happy to pay my friend directly than to pay the lettings/landlord.
Thanks very much.

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Sarah2013-10-30 08:51:25

Hi, landlady selling house myself and family are in, been having viewings, some turning up without confirmation, have been obliging. We have luckily found somewhere, gave our one months notice. Landlady is now sending a surveyor to do an inspection on he behalf, how can this be accurate when the guy doesn't know what the property was like when we moved in. Ie there is a hole in kitchen ceiling from leek in bathroom that's never been fixed, and a few other issues. I have since found out from previous tenant and neighbours she is a nightmare, had taken previous tenants to court for minors ect. Any advice is a help. Thankyou.

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Paula2013-11-05 18:45:08

I am currently renting off my landlord who owns an estate agent company. We moved in feb 2012 and had a six month contract then it's on a 3" day rolling contract. He knows we were considering buying and put an offer on one house but nothing come of it. He said he would sell when we've moved out but it's ours for as long as we want. I have just seen it advertised on the Internet and he hasn't mentioned it to me. Is he allowed to do this?

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Rebekah2013-11-10 16:14:17

Hi im wanting abit of help.

I have recently been renting a house for just under less than a year. i had lots of repairs that needed doing in my house, which the landlord sent someone to have a look... i then the next day got served my eviction notice, with the estate agents saying he wanted to sell due to lack of funds... i am currently 5months pregnant and with a 7year old son too lving on my own... i have found somewhere else and have moved in there... i have just found out he is re-renting again... is there anything i can do towards sueing him??... was a struggle to move, with no funds, stressful and very upsetting. thanks

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Felicity2013-11-27 06:59:09

Could you tell me if I've a leg to stand on please.....

Took a 12 month contract, at 11 month's we were given notice to leave, landlord to sell the house and downsize from his own due to his age/health. Problems with the property I.e. Rising damp occured during our lease so with us not there he's been able to do things to the house, anyway 11 months has passed where the property has been up for sale, it's now up for rent again!

Just wondering if we could take action, we were offered an unlimited contract to stay in this property owing to the landlord stressing at the viewing stage how he would love a young family I.e. Us with a baby on the way, to raise a family here forever and a day. So receiving notice o. Boxing Day last year took a huge blow.

Would really appreciate your feedback

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Christina2013-12-06 00:54:16

I have been renting my apartment for about 5 years now. On a verbal agreement with my landlord to stay and enjoy for as long as I wanted to stay. A little less than a year ago my landlord passed away. Now his grandson has taken over his rental properties. Something he really never wanted to do. So immediately he tried to make me sign a lease trying to get me to rid the apartment of pets. I refused to sign cause that was not what I had agreed to with the previous landlord. He eventually let it go. Then he informed me he was selling the building. People have been coming and going for months. Finally one of them decided to buy the building. Now my old landlord sends me a text and tells me he has a buyer, and that him, the buyer, and an inspector want to come in again. They have already walked through and inspected obviously or they wouldn't have bought the building. Do I really have to let then back in a second time for the same damn thing? I mean the invasion of my privacy for many months was enough. If they bought the place shouldn't my privacy be restored at least a little?

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shay2014-01-17 04:50:56

i moved in in september and not 3 weeks later the owner put a for sale sign in the yard. i have people asking about the property constantly. The lease says in the last 30 days of my lease they can put up a sign, since i have so much longer to rent, do they have to take the sign down? I wouldnt have rented here if i knew they were going to sell, thats why i had to move out of my last place. knowledge appreciated.

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Davinia2014-02-14 21:03:02

Hi,

We have been renting our house for three years and have had an amazing relationship with our landlords. rent has always been paid on time and we have really looked after the house. Before Christmas we started to discuss at length the landlord doing a loft extension for us, we discussed a rent increase with this and all was fine.

Suddenly, the landlord has become terminally ill and One month before the end of the tenancy, we received a letter saying that they will be selling the house and no longer renewing our tenancy. We had joked the week before that once the loft was done, he'd never get rid of us.

We don't want to cause any grief on them but unfortunately, we cannot find anywhere to live that is suitable for us and the market means that we are going to have to spend at least £200 more than we were paying. Furthermore, because this was completely sprung on us, we do not have any money to move. We have explained this to our landlords wife but she doesn't seem to understand. We have kept the last months rent towards the money we'll need to move but they keep insisting we pay it even though it will mean we can't move. Also, our credit rating is NOT good and most people just don't want to know us.

We have three young children and this upset is really causing a lot of problems in our home.

Please help!!!

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naveen2014-04-09 19:20:15

I m live on rent last 6 years in a house in india what is my rights on this property.....

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