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Landlord has put house on market without telling us with 5 months left of tenancy?

(22 Posts)
riseshine Sat 07-Jan-17 22:58:11

Can anyone tell me what the legal position on this situation is?

We took a 12 month tenancy out in may, paid for year upfront as our credit rating / status wasn't good as DH recently self employed.

Yesterday, a photographer came to the door to rake property photographs and a for sale sign went up shock

Should I worry ?!

Lucysdiamonds Sat 07-Jan-17 23:03:18

AFAIK if you have a tenancy agreement for 12 months they can't throw you out until the tenancy period is up.

gillybeanz Sat 07-Jan-17 23:07:23

It will be sold with Tennant.
Usually few pics, sometimes only outside front.
I've looked at a few myself to buy to let.
I'm not sure of your legal rights but have seen plenty for sale like this.
have a look on rightmove, they are usually cheaper and don't sell quickly.

gillybeanz Sat 07-Jan-17 23:08:28

sorry meant to say, terrible not to tell you, it's your home and I'm angry for you.

MissWimpyDimple Sat 07-Jan-17 23:14:08

Not telling you is poor form.

You need to check your contact. If there is a break clause the landlord does have the right to give notice (usually 2 months).

However it is perfectly possible that he intends to sell to investors.

Are you renting through an agent?

riseshine Sat 07-Jan-17 23:32:46

Yes renting through an agent - have no direct contact with landlord.

I can't see anything in tenancy agreement about break clause.

LegoCaltrops Sat 07-Jan-17 23:36:23

Absolutely not on for a photographer to turn up with no prior notice. However there's every chance the landlird may sell with tenant in situ - it happens a lot, even occasionally in professional property management. Check your tenancy agreement to clarify your rights re any break clause & access.

generationpie Sun 08-Jan-17 00:08:35

Your tenancy would transfer to any new owner - you have a right to live there if you have a tenancy even if it's sold. Unless there's a break clause, you can stay there until then end of the 12 months. However, it might eventually be sold to someone who wants to evict you, so I'd plan to move after this if I were you.

I'm quite surprised they did it without telling you - you have a right to quiet enjoyment and in practice tenants can refuse viewings, regardless of what the tenancy agreement says.

PinkSwimGoggles Sun 08-Jan-17 00:17:23

make sure you have all papers together reg the rent already paid, deposit, landlord adress.
as pp says you do not have to allow viewings, let anyone into your home unless you want to.

riseshine Sun 08-Jan-17 00:39:07

What makes you think that it's being marketed as with tenants ? Is thst because they're doing it before the usually 2 month notice period at end of tenancy?

wowfudge Sun 08-Jan-17 12:29:44

Lots of jumping to conclusions on this thread. The OP needs to speak to the agent as a first step and ask what the LL's plans are. Just because she hasn't been served notice yet doesn't mean she won't be.

You are not obliged to allow viewings OP - whatever anybody tells you. If any viewings take place without your permission then the LL is in breach of the tenancy agreement and your right to quiet enjoyment of the property.

Even if contact is with the agent, under s.1 of The Landlord and Tenant Act you are entitled to the LL's contact details so you can get in touch with him directly.

Depending where you are, it's unlikely a buyer will be found and sale completed within just a couple of months. Most sales have to be with vacant possession so you may receive notice shortly to end the tenancy at the expiry of the 12 months.

specialsubject Sun 08-Jan-17 13:08:48

if there is no break clause, then as long as you don't breach the tenancy agreement you can stay for the full 12 months.

not allowing viewings is not a breach, any such clause in the tenancy agreement is overridden by the quiet enjoyment right.

read your 'how to rent' guide. And as above, get in touch with LL and ask what the plan is.

YelloDraw Sun 08-Jan-17 13:10:43

The house I was renting in 2nd year uni was sold. Without us knowing!

Turned out to be a good thing in the end because the new owner actually got the house up to HMO specs eg fire doors.

Needmoresleep Sun 08-Jan-17 13:15:54

I bought a flat that was already tenanted. The tenants had a young family, but had negotiated with the agent so he had to give them good warning of appointments and they kept the flat looking nice. I suspect this had the advantage of limiting the number of viewings to all but the most qualified buyers. It also meant I was pleased that the investment property was already producing an income right from the start, and with good, low risk and reasonable tenants. I was sorry when they eventually decided to buy their own home.

The tenants could probably been less flexible and made it more difficult for the agent. However I don't think I would have been interested in buying somewhere where I would have had to tip toe round tenants rights, and they may well have ended up being evicted at the earliest opportunity. As a PP said up thread, properties with vacant possession tend to be worth more.

In short talk to the Agent. Ask him about the likelihood of the flat being sold onto another investment buyer. Read your contract. You probably don't have to allow access. However think about being reasonable in return for you being treated reasonably.

specialsubject Sun 08-Jan-17 14:42:58

the other main point is that your LL cannot sell to anyone other than a LL with you in the house - he would need vacant possession.

while he can issue a section 21 for the end of your tenancy (not earlier) that does not guarantee that you will leave. And so contracts cannot be exchanged on that basis.

littleblackno Sun 08-Jan-17 14:51:34

I came home from a holiday once to find a for sale sign up.outside my (rented) house. Turned out theyd put it up at the wrong house- check with the agent.
Very poor for them not to tell you.

riseshine Sun 08-Jan-17 17:29:16

I rang letting agents straight away and initially they said they knew nothing about it. In a later conversation they said they'd looked at the notes and said hat, yes, they had that information.

I spoke to the agent that it's up with the let them know that I object to not have been given notice and that I don't have to accept viewings until two months before the end of tenancy.

Both sets of agents said they'd get in touch with landlord and get back to me - neither did.

specialsubject Sun 08-Jan-17 19:39:53

Sounds like time to demand landlord contact details. And that contract clause is not enforceable.

You hold all the cards so have a think about what you want .

Wishforsnow Sun 08-Jan-17 19:44:12

Don't allow viewings and in the last 2 months you don't have to allow viewings either

riseshine Mon 09-Jan-17 09:28:59

Ok, So sign has gone this morning !! Still no comms

specialsubject Mon 09-Jan-17 09:58:49

Curiouser and curiouser. Is it on rightmove?

Ring the letting agent and get mildy stroppy.

wowfudge Mon 09-Jan-17 11:00:44

I suspect it is being advertised without a board outside - check online on Rightmove, Zoopla, On The Market and the Estate Agents' own website.

Get a friend to find out the score by ringing the agent in a couple of days time saying they noticed the board over the weekend, but drove past today and it's gone - is it still for sale? I.e. friend is potential buyer.

Be prepared for the LL or letting agent to contact you serving you with notice for the end of the 12 months.

It is entirely possible the EAs have messed up and put a sale board outside the wrong house.

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