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Tenant in Situ

(75 Posts)
purpleme12 Thu 04-Feb-21 16:50:26

We've been renting this house for years
And now the landlord wants a valuation on it so it's looking to sell
Apparently with us in it or not, I guess depending on who he can get
How likely is it that it will be sold with us in it??
This has come as such a bombshell and it's just me and my child 😟

OP’s posts: |
Pebbles574 Thu 04-Feb-21 16:55:27

Well if someone wants to buy it to live in it they will be put off by having a tenant in situ, but if someone is looking for a buy to let you may be an attraction. However a new landlord may put rent up?

You need to find out what rights you have, if any?

purpleme12 Thu 04-Feb-21 16:56:42

Yes perhaps it's just pot luck then 😟

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Dowermouse Thu 04-Feb-21 17:00:43

Sorry you're in this situation, it must be really shitty.
I have one property which I bought with tenants in situ. I wouldn't do it again, and my letting agent has said they wouldn't do it again either.
I am now in a situation where I sadly need to sell a property and the letting agent said it's unusual for a tenant to risk staying until the bitter end and will usually move as soon as they are able so as not to risk a last minute move if the home goes to owner occupiers.

lastqueenofscotland Thu 04-Feb-21 17:02:18

If someone wants to buy it if you’re on a fixed term contract they would have to honour that still.

VanCleefArpels Thu 04-Feb-21 17:03:01

The landlord might be getting a valuation for a new mortgage so not necessarily selling. There’s nothing for you to do or worry about at the moment.

Worst case scenario is that landlord will serve notice to quit in order to sell with vacant possession . This must be 6 months notice under current Covid rules. At the end of 6 months if you are still there (perfectly allowed) the landlord must go to court and get an Order to evict you. This will take many months. You do not need to leave unless there is an Order. In fact it may harm you if you leave before that point because without it a local authority may claim you have made yourself homeless and so they have no obligation to house you.

If someone does buy the property while you are still living there then all the terms and conditions of your current tenancy agreement transfer. The new landlord cannot unilaterally increase the rent. They might try to get you to sign a new tenancy on the anniversary of your current agreement. If you don’t agree then they can evict you as above.

VanCleefArpels Thu 04-Feb-21 17:05:49

@dowermouse if the new “owner occupiers” are stupid enough to exchange and complete on a property with tenants in situ they would have to properly evict the tenant in the manner described above ie could take up to 12 months or more at the moment (pre Covid 6-8 months). There’s no obligation on the tenant to scurry out quickly just because the property has been sold to someone who wants to live in it

purpleme12 Thu 04-Feb-21 17:17:04

lastqueenofscotland

If someone wants to buy it if you’re on a fixed term contract they would have to honour that still.

It's not fixed term, it's a rolling one
Which I now think the landlord wanted cos he must have been thinking of this

OP’s posts: |
SeasonFinale Thu 04-Feb-21 17:23:54

I bought a flat with a tenant in. She was great and she stayed on for another 5 years. I issued her with a new AST on completion. It will depend on who wants to buy it. As a PP said maybe you will end up with a new landlord. If someone is buying it to live in then the landlord will still have to give you the 2 months' notice to leave as usual and a buyer would probably not exchange without you already out.

Is there any possibility that you could buy it or are you not in a position to? He may give you a discount because it would be easier for him if you could.

VanCleefArpels Thu 04-Feb-21 17:32:41

@SeasonFinale notice has to be 6 months at the moment regardless of what’s in the agreement

VanCleefArpels Thu 04-Feb-21 17:34:31

“It's not fixed term, it's a rolling one
Which I now think the landlord wanted cos he must have been thinking of this“

Any landlord cannot unilaterally increase the rent. If you don’t agree to any changes proposed then the landlord has a choice to either stick with what you’ve got or evict you.

SeasonFinale Thu 04-Feb-21 17:34:59

VanCleefArpels

*@SeasonFinale* notice has to be 6 months at the moment regardless of what’s in the agreement

Cool even better for the tenant then. I assume the landlord hasn't realised otherwise they would have given notice already!

Pebbles574 Thu 04-Feb-21 17:45:09

It's not fixed term, it's a rolling one Which I now think the landlord wanted cos he must have been thinking of this

There may be nothing sinister about this - many tenancies move onto a rolling contract after the initial fixed term.

Echobelly Thu 04-Feb-21 17:47:53

Most landlords won't sell with tenants in situ - I ended up with a tenant in my first place for longer than I lived there myself, I kind of hoped, almost assumed, I'd sell to another landlord and keep tenant there, but none of the viewers were landlords; it doesn't seem to happen that way often.

I told my tenant as soon as I knew I was going to put it on the market, so before any agents etc came, and gave notice once I accepted an offer.

Pebbles574 Thu 04-Feb-21 17:49:33

To be honest, if it turns out you ARE going to have to leave, I would just get on with it as soon as reasonably possible, rather than clinging on to a tenancy just 'because you can' in law. The current extended six months should be more than enough to get yourself sorted, rather than waiting for final eviction orders etc?

murbblurb Thu 04-Feb-21 17:49:35

read the how to rent guide for your part of the UK, OP (assuming this is the UK). You aren't going anywhere until you want to leave.

angstridden2 Thu 04-Feb-21 17:53:00

I expect people will pile in but this is the landlord’s property and he can do what he likes with it. Fair enough Covid has extended the notice period but I do feel it’s somewhat unfair that it can take ages and be very expensive to get your own property back. I’ve known people rent out their home and if circumstances changed find it very difficult to get it back to live in even when doing everything according to tenant law.

VanCleefArpels Thu 04-Feb-21 17:58:04

With my landlord hat on (I have several properties) I’d agree with you. However from the tenant’s perspective they do deserve some security and - most importantly- for situations where the tenant may look to the local authority to be rehoused it is a requirement to be properly evicted because leaving without an Order will be interpreted as making themselves intentionally homeless in which case the local authority has no obligation to house the people.

purpleme12 Thu 04-Feb-21 18:04:43

VanCleefArpels

The landlord might be getting a valuation for a new mortgage so not necessarily selling. There’s nothing for you to do or worry about at the moment.

Worst case scenario is that landlord will serve notice to quit in order to sell with vacant possession . This must be 6 months notice under current Covid rules. At the end of 6 months if you are still there (perfectly allowed) the landlord must go to court and get an Order to evict you. This will take many months. You do not need to leave unless there is an Order. In fact it may harm you if you leave before that point because without it a local authority may claim you have made yourself homeless and so they have no obligation to house you.

If someone does buy the property while you are still living there then all the terms and conditions of your current tenancy agreement transfer. The new landlord cannot unilaterally increase the rent. They might try to get you to sign a new tenancy on the anniversary of your current agreement. If you don’t agree then they can evict you as above.

In this situation is this if you're going to the council to rehouse you rather than bidding for properties etc or renting privately?
If I stayed and was evicted wouldn't that affect future renting?

I have only ever rented privately before (although I work part time and don't earn a lot so could certainly rent through council)
I have a guarantor (thank God but they're quite old it sounds horrible but they won't be here forever)
I feel so alone

OP’s posts: |
angstridden2 Thu 04-Feb-21 18:10:32

VanCleefArpels
Agree re local authority requiring tenants to stay until after Section 21 notice period up before accepting people as not voluntary homeless. It can’t be good for tenants who if unsuccessful in being housed will not get a glowing reference if forced to seek another private tenancy. In my working Iife I met a family with several small children who had to rent another house as they couldn’t get possession of their own home!

VanCleefArpels Thu 04-Feb-21 18:57:46

@purpleme12 yes some local authorities- because they have few properties to go round- will very strictly apply the rules about their obligation to house the homeless. If you are considered to have made yourself homeless by moving out before you are forced to do so then this can allow the council to wriggle out of their responsibility. Some take the view that eviction due to rent arrears is a form of “intentional” homelessness which is particularly harsh. It depends on where you live. There’s no harm in talking to the council housing officer about what might be available to you IF evicted, and anyone can register on the housing list, but your situation will determine your priority banding. But at the moment there’s nothing you need to do except keep paying the rent!

purpleme12 Thu 04-Feb-21 19:09:50

Right so i could see if i can see the housing people in town about council housing to see how that works? i think i might have registered years ago but never actually bid on anything as we found private rent together at that point. i wouldn't even know if i'm still registered?! no idea how it works

and from what people are saying on here it's best to get out before the 6 months are up?
i can't be rehomed by the council as emergency i've got pets

OP’s posts: |
purpleme12 Thu 04-Feb-21 19:10:09

which is obviously just something else to worry about now

OP’s posts: |
purpleme12 Thu 04-Feb-21 19:30:11

Do you think it's best to start looking now and just move out as soon as possible?

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Pebbles574 Thu 04-Feb-21 19:51:01

Surely the first thing to do would be to ask the landlord if they ARE planning to sell? As other pp have said, the valuation could be for another reason - insurance/ remortgage etc?
There's no harm in asking?

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