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Sitting tenant question

(13 Posts)
annrkey28 Sun 06-Mar-16 21:01:04

My former landlord, who is moving abroad, has just sold the property I am in as a tenant and served me a notice to quit which requires me to be out in a few weeks time. My new landlord wants me out on the date given in the notice to quit. I know that my new landlord steps into my old landlords shoes.

What I want to know is do I still have to vacate?. Do I have any special protections as a sitting tenant?. Does the type of tenancy I have matter?.

specialsubject Sun 06-Mar-16 21:11:24

I think your other post says you are in Scotland - please confirm, it makes a difference.

annrkey28 Sun 06-Mar-16 21:22:11

Yes sorry I am in Scotland. I'm sorry I am taking up 3 threads but I don't want to confuse matters by putting all 3 questions in one thread.

specialsubject Sun 06-Mar-16 21:57:15

don't think MN has a space limit!

I can't help further as I don't know the Scottish laws, but there is a Scottish Shelter charity who may have the info.

FishWithABicycle Sun 06-Mar-16 22:01:40

I know that in England if you leave a rental property just because your landlord gives you notice you are classified as "having made yourself intentionally homeless" and the council won't help you.

Crazy isn't it?

No idea if the same is true in Scotland but probably is.

Bearbehind Mon 07-Mar-16 07:03:55

I think it might be better if you had a thread with all the details combined as one thread sounds like your landlord hasn't sold the property yet, one says the new landlord only wants you to move temporarily and then there's this one.

I'm sure someone will be able to advise better if it's more clear exactly what the position is- it doesn't sound like they are 3 independant questions.

My first thought was why go to the trouble of buying a house with a sitting tenant only to evict them straight away but I think the stamp duty changes may have had something to do with that.

Spickle Mon 07-Mar-16 07:30:20

I'm in England so don't know if this will help.

Properties are often sold with a sitting tenant, but this would be part of the contract. The new landlord would need a copy of the Tenancy Agreement, confirmation of the tenant's deposit scheme, an agreement signed by you to agree to pay the rent to the new landlord (new account no etc) on completion etc and confirmation of any letting agent involved.

Speak to your current landlord to ask if he is selling with you as sitting tenant or not.

annrkey28 Mon 07-Mar-16 07:54:38

Thanks ror replies. I will try to harmonise the 3 threads. My former landlord wanted to sell the house as he was emigrating. He served me with a section 33 (the Scottish version of the section 21). He then sold the property to a LL who is planning to be a buy to let LL who is taking up the house the day after I am supposed to be out so I assume the first LL is still my LL just now.

The reason my 3 threads seem all over the place is because I don't know for sure if the notice to quit is valid or not so I am asking questions covering both sets of scenarios (valid or invalid). Whether it is valid or invalid what legal position am I in the day after the notice to quit ends?

The other thread is about my new LL and the sneaky way he is trying to get me to give up my tenancy here by lying to me.

MissWimpyDimple Mon 07-Mar-16 07:59:28

I was coming on to help as I'm a letting agent but Scotland has different laws I'm afraid. I think you need to speak to an expert.

Certainly in England, it is perfectly possible for the landlord to sell the property whilst tenanted and for the new landlord to take on the tenancy. In England it would be as simple for you and receiving a section 48 notice with change of landlord details.

Do you know if the new landlord wants you out?

annrkey28 Mon 07-Mar-16 09:07:55

^ When the new LL came to view the house he assured me he wanted me to remain as tenant. Then he approached the former LL tu buy the house but said he would only if we were out the premises weeks before the notice to quit date. when he was told this wasnt possible he then purchased the house so that he takes over being the LL the day after i am supposed to vacate.

Then the 3rd bit of subterfuge is outlined in my other post for yesterday i.e. he is trying to trick me into leaving this house soon by lying to me about letting me move out to another of his worse properties then let me "move back in" in a few months time when he has had it renivated.

So his mouth says he wants me as tenant and his actions say otherwise.

FishWithABicycle Mon 07-Mar-16 09:58:56

Well you certainly don't have to move out for his convenience until he has a court order.
Are other suitable properties available in the right area at the right price?

annrkey28 Mon 07-Mar-16 10:20:57

^ Nothing going around most of this city that are as good as the semi i am in now. Either flats in tenements or overpriced semis....

MissWimpyDimple Tue 08-Mar-16 10:52:40

I suspect that the new LL has realised that you are paying under market rent and wants to refurb and get more rent. Not a lot you can do, but you definitely don't need to move until the specified date.

I would start looking.

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