My landlord is selling the flat that I live in. Can l only be given one month notice?

A question by luch My landlord is selling the flat that I live in – it is currently being advertised as with tenants or vacant possession. I am concerned as my tenancy agreement runs until next July, plus to make matters worse I am due to give birth in May – which isn’t great timing to then have to move. My biggest fear that if the landlord sells that we will only be given one month’s notice to move whilst still within the tenancy agreement. Is this possible? Also, for my own security if I wanted to end the tenancy agreement early is that possible? Just to highlight – there is nothing in the tenancy agreement to state that the landlord can do this.?

luch

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Most Short hold Assured tenancies run for the first 6 months, firm, and then roll over month on month, with the landlord obliged to give you two months’ notice, and you one. However, if you have a fixed term for a year, in your Rental Agreement, I’d say you are okay until the end date.

I’d advise you to

• 1. speak to CAB and get them to check your Agreement, and
• 2. confirm the situation with your landlord directly – how did you find out your flat is being advertised for sale? Are you being asked to show people over the place?

If you are due to have your baby in May, you might, depending on what you find out re your legal status here, be wise to start looking for alternative accommodation before you give birth. Again, depending on whether you can legally give notice before the 12 months are up.

Anonymous

Sit tight. It ain’t gonna sell fast, especially with you in it as the numbers of prospective buyers are limited. Also, the landlord cannot gain possession (evict you) within the 12-month period unless you fail to pay the rent. So be good and you are protected by the Landlord and Tenant Act 1958 and its subsequent amendments.

He can serve a Notice of Possession on you towards the end of the tenancy but it cannot take effect until the day after the tenancy ends i.e., 12 months from the start date. Also, it has to be served correctly. If he, or his solicitor, make the smallest error in the Notice it will be null and void. So, get it checked if and when.

In addition, you can ignore the notice. This means he, or any new landlord, will have to get a court order to evict you. This is costly and will take time. Although the court has no option but to make a repossession order the judge would be very likely to delay its effect to give you, and your baby, time to find alternative accommodation. If it comes to this you may find it useful to have spoken to your local authority as they will assist you if necessary. Especially as you will have a baby.

The other scenario is that any new owner may wish to retain you as a tenant.

The main thing is not to panic or worry unduly. Think your strategy through and deal with each situation in the way that suits you. I imagine it will all take a long time, and may not even happen if he can’t sell! You can only end the tenancy if there is a break clause in the agreement, or by mutual agreement.

Old landlord

You dont say when you took on the tenancy, but most residential lets are on the basis of a short-secured tenancy in Scotland which means it is a minimum of six months then month to month thereafter and either the landlord or the tenant can give notice to terminate after the six-month period. However, if your lease specifically states that the let will run until a particular date, then you should have security of tenure until that time because your landlord has entered into a specific written contract. You also dont say whether you are in Scotland or England as the law differs slightly but the essence of having a contract will stay the same. It’s possible that the landlord, knowing the state of the housing market, does not anticipate a sale being completed before your termination date, even if he finds a buyer and is just giving himself plenty of time. It would be a good idea to speak to the landlord and ask outright what the intention is and explain your position, asking to be kept informed of progress with the sale = after all you are entitled to know where you stand.

candle

You have an AST until July, so there is nothing the current or new landlord can do. If your LL give you notice in May (2 months) then you can leave at any time, but you are tied to the agreement just as hi is. He has to sell with you as a tenant, and the new LL must honor your agreement.

bezza

If it is being advertised with tenants then he is probably looking to sell to another investor. Landlords have to give 2 month’s notice for tenants to leave and tenants have a lot of rights now thanks to new legislation. You may need to prepare for alternative accommodation when your agreement runs out though. Citizens Advice will be able to help you.

Chriss

Renting your property to someone is very risky too. Renters come as nice and honest and everything. I have seen so many houses, apartments, etc. in the past where the tenants had literally had destroyed the house, cracked the floor even, opened holes on the wall, ……..oh my God, you name it. They turned the house to a disaster. Another house was worse than a disaster. Even a lion would not damage a place that much. The tenants literally tore down the whole rooms, …. everywhere, the closets, the lights, …. everywhere and anywhere were all torn up, destroyed and all over the place. The husband and wife were trying to fix things as much as they could because if they hired people for those things, I think it would be better for them just to donate the whole house to charity or just buy a new place and sell that one for almost nothing. No tenant comes saying, “I am a maniac” but she/he might turn into maniac in time. Would you still say “Rent your property and live somewhere else (cheaper)”

Chriss

Me and my family have been renting a 40k house for almost 50 years! the rent now is $900, and he never allowed us a rent to own option even with a 10k down payment when my grandma left us some money, we have been poor my whole life, and I have special needs, he has decided to sell and has shown the house 11 times in two months! and I find it highly intrusive, and they always show up an hour earlier than they are supposed to and it makes me so angry, our landlord is a multi-millionaire and spends what he wants for this house in one night on strippers in vegas! I hope he dies a miserable death!! 3 years ago, we couldn’t afford to move with the 10k so we decided to remodel with new carpets painting and flooring in the kitchen, and bathroom with new counter tops and a bathtub, as well as lots of new landscaping, and now he decides to sell it! and over the years he never fixed anything! he would buy the materials and make me and my dad do it! also, the real estate agent walks in like she owns the place, even on a day we weren’t here yet just my mom, but she was in the shower and she knew that! and was an hour early but still didn’t wait for us and brought two young black guys in while my mother was showering! on security camera the guys didn’t even drive a vehicle but somehow are going to buy this house for 40k all at once! Gtfoh… I lost faith in humanity a long time ago and I hate ppl. Because we are poor it doesn’t matter, we’ve paid over 400k for a 35/40k house and spent 7k on remodeling and we can’t afford to move and have 50 years’ worth of stuff and it would be a nightmare and my dog is buried outside by the rose bushes and mulch I planted I should kill myself and splatter my brains on the walls a person can only take so much from rich f

Anonymous

I found out today that my landlord is selling the house I’m renting and that it is now under contract. I have 30 days to move out. I signed a 3 yr. lease and haven’t been in the house for a year. The new owner is not willing to let me finish my lease. I’m a single parent with 2 kids. There are not a lot of house rentals and I know I’ll have to pay more and not sure I can afford it. I don’t know how to go about all this. Any advice would be appreciated.

I live in Colorado close to where all those houses burned down.

trishknutson

To trishknutson You can fight this! You’re still under contract so the landlord and owner have to honor that. My landlord waited until my 12month lease ended and now I’m on a month-to-month lease which was terminated in February however I’ve asked for 3 extensions but the new owners aren’t willing to wait any longer after requesting

Anonymous