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Mortgages and vacant possession- please advise!

3 replies

Binglebong · 21/11/2018 10:50

Help!

Our landlord is selling the house we live in. We had a visit from the estate agent yesterday. He said that if we get another buy to let landlord (pretty please!) they will fake our leaving then returning as a new tenant as if the house isn't vacant the mortgage will cost more, despite the advantages of a sitting tenant. They are also planning on issuing a section 21 but just letting us stay until the house is sold so that they are ready for when they do if it isn't buy to let.

Can anyone tell me if this is correct, that a mortgage will cost more if there is a tenant in place and that using a section 21 like this is normal? We obviously want to be helpful (in the hope the buyer is buy to let and will keep us!) but to me this sounds like we will be left in a legal limbo and a very vulnerable position.

Thank you.

OP posts:
LIZS · 21/11/2018 10:58

Sounds like they are not getting a btl mortgage. If they issue a s21 will you not effectively be under notice? And if you are lucky then get a new contract but probably at an increased rent. Maybe call Shelter for advice.

AnchorDownDeepBreath · 21/11/2018 11:03

I'm not certain; but I wouldn't be happy with this.

I believe your current landlord can probably try and get more for the sale if you are not sitting tenants; not everyone would want to take that on, but my understanding is that you'd need to have been served a section 21 and left before the sale could complete.

Or you can be sold as sitting tenants, which would transfer your current tenancy agreement to your new landlord, but you wouldn't be served a section 21 in that case.

I'd be clarifying what they expect here. If they serve you a lawful section 21; they could then advertise as vacant, and if a buyer is interested, you might end up having to leave with very little notice.

Binglebong · 21/11/2018 11:13

Thanks both. It didn't feel right but can't really do much because we need the estate agent to promote us to the new buyer. Aaargh!

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