Comments on: My Landlord Wants To Sell The Property I’m Renting

By: seo

seo — Tue, 31 Jan 2012 18:40:17 +0000

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By: Charlene

Charlene — Wed, 18 Jan 2012 21:21:10 +0000

Thank you very much for the advice Benji

By: Benji

Benji — Wed, 18 Jan 2012 16:08:04 +0000

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.

By: Charlene

Charlene — Wed, 18 Jan 2012 15:18:15 +0000

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?

By: Benji

Benji — Wed, 18 Jan 2012 14:38:28 +0000

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.

By: Benji

Benji — Wed, 18 Jan 2012 12:45:41 +0000

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.

By: alison price

alison price — Wed, 18 Jan 2012 11:56:40 +0000

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

By: Charlene

Charlene — Wed, 18 Jan 2012 10:46:36 +0000

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

By: Benji

Benji — Tue, 17 Jan 2012 16:04:44 +0000

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.

By: anita

anita — Tue, 17 Jan 2012 12:15:27 +0000

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?