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Original poster

HELP - landlord selling property during fixed term!

42 replies

CardboardBoxHereICome · 26/07/2022 16:53

Tenancy only renewed two months ago. I have been informed today by agent LL is selling. Hopefully to an investor so I can stay but if not, they will advise of ‘next steps’.

Selling agent us now harassing me to arrange viewings saying they will ‘hopefully’ find an investor. I don’t have to agree? I have 10 months left of tenancy.

So shocked as thought we were safe until next year. Rent prices have skyrocketed where are and crappier properties smaller than this are £300 a month more! With energy increase we are fucked! Current rent is £1300 a month and we’re looking at £1600 a month at least with an extra £200 a month on energy!

So stressed!

OP posts:
Lastqueenofscotland2 · 26/07/2022 16:59

I think… may be wrong… that if you’ve signed a contract the new owner has to honour it until the end of it?

SarahAndQuack · 26/07/2022 17:00

Oh, dear, that's rotten luck.

I think you really only have two choices. One is to say sorry, you won't be allowing viewings, and to take the ten months to find somewhere else. Or, you could allow viewings and cross your fingers for an investor. I think personally I'd say you'd allow viewings over a certain period, but no more - you obviously won't want to be letting people in the house for the best part of a year.

Swannning · 26/07/2022 17:01

Yeah I agree with LastQoS, I think that they have to honour it but it might be worth checking your tenancy agreement

SarahAndQuack · 26/07/2022 17:01

(And YY, during the fixed term, if there's no break clause, I don't see how they could require you to leave. Realistically I would think the only people who'd want to buy with a sitting tenant would be investors, though you never know.)

Lastqueenofscotland2 · 26/07/2022 17:03

Yes I have checked - I am correct. You legally have the right to stay until the end of your fixed term

GoldenGorilla · 26/07/2022 17:03

Are you in England?

if so:

  1. you have absolutely no obligation to allow viewings, no matter what your contract or agent says. You have a right to exclusive possession of your property until the end of your tenancy.
  2. if they do sell the flat the new landlord will be bound by your tenancy until the end of your contract.
So you are fine to just stay out for the length of your tenancy.
ThanksAntsThants · 26/07/2022 17:16

If you’re inside a fixed term and there’s no break clause you cannot be removed. The only way the LL can sell is if they find a buyer willing to take on a tenant in situ. You absolutely do not have to allow access for viewings and they can’t legally demand you do. Don’t let the agent bully you. I would however, regardless of whether the LL manages to sell up or not, plan to move when this tenancy period ends.

ScarlettnotOHara · 26/07/2022 17:20

What an absolute horrible thing to do to you ! I am a landlord ( ex martial house rented) I would never do this to my tenant. Tell him NO, you don’t have to allow viewings! Sounds like he wanted the income whilst trying to sell 😡

ScarlettnotOHara · 26/07/2022 17:21

Marital not martial 😂

WinterMusings · 26/07/2022 17:25

Oh that's a shame.

I think I'd allow the Agent a few viewings. Not too many, tell them they need to be sure the 'investors' are proceedable & have ALL the details & photos before they come so they're not just tyre kicking people.

Remind them you're entitled to quiet possession until the end of your contract, but you'll agree to viewing for investors who are interested in keeping you long term (not just until the end of your contract. You don't have to stay after that if you don't want to)

BongoJim · 26/07/2022 17:28

You absolutely don't have to agree to viewing on anything other than your own terms. I'd change the barrel in the lock too so they don't let themselves in without asking.

rainingsnoring · 26/07/2022 17:34

You can't be removed during your fixed term. What a horrible man trying to do something illegal and intimidate you.
You also don't have to allow viewings. Just say no and if they persist ask them not to harass you in writing.
Also, if you get this thread moved to the property section, there are some very helpful people on there including some landlords.

SarahAndQuack · 26/07/2022 17:40

I think it's a bit OTT to be saying the LL is being horrible. If the place sells to another LL, the OP will likely be able to stay without much disruption. It might be a better option for her than moving out in 10 months time, only to find the house was going to be re-let anyway.

I would be cross with the agents for being pushy about viewings, but I don't see that the LL is at fault for wanting to sell.

TheTeenageYears · 26/07/2022 17:54

You are safe until next year, the landlord will have to sell with sitting tenants. If you are 2 months into a 1 yr fixed term with no break clause they can't make you leave before then and even after that need to serve a section 21 notice 2 months before the end of your tenancy.

ClocksGoingBackwards · 26/07/2022 17:58

No investor is going to see your flat as a good investment if you’re paying under market rate, even without all the extra considerations and costs potential landlords have nowadays. I think that was just a line from the estate agent to pacify you.

You do not have to allow viewings, and you don’t have to leave before your contract is up, so don’t do either!

EinsteinaGogo · 26/07/2022 18:11

Is there a break clause in your contract, OP?

Some 1 year contracts have them at the 6 months point (at which they, or you, could give 2 months notice).

If no break clause, your fixed term stands.

rainrelief · 26/07/2022 18:16

SarahAndQuack · 26/07/2022 17:40

I think it's a bit OTT to be saying the LL is being horrible. If the place sells to another LL, the OP will likely be able to stay without much disruption. It might be a better option for her than moving out in 10 months time, only to find the house was going to be re-let anyway.

I would be cross with the agents for being pushy about viewings, but I don't see that the LL is at fault for wanting to sell.

Well they are. They wanted to keep getting rental income whilst going through the process of selling the property. The decent thing to do would be for the landlord to accept they take the hit of no rental income whilst going through the selling process, by not reletting and then putting the property on the market.

it was a scummy thing for the landlord to do.

Crazyhousewife · 26/07/2022 18:18

Also in a fixed term and check your tenancy as luckily I’m 6 months in. I found a clause that stated I didn’t have to allow viewings and inspections until the fourth month which is august. There may be something in there that you can use. It’s shitty I know, my landlord stated he was never selling and wanted a long term let. 8 weeks after I moved in he put it up for sale, just wanted the rent until he could sell it.

fyn · 26/07/2022 18:21

@ClocksGoingBackwards there are loads of investors that will be quite happy to take on a property that only has 10 months remaining on the lease. They’ll serve notice and increase the rent.

Investors buying Rent Act tenancies and AHA Holdings properties is big business. In some cases they won’t get the properties back for 50+ years but are happy to wait it out.

EinsteinaGogo · 26/07/2022 18:22

SarahAndQuack · 26/07/2022 17:40

I think it's a bit OTT to be saying the LL is being horrible. If the place sells to another LL, the OP will likely be able to stay without much disruption. It might be a better option for her than moving out in 10 months time, only to find the house was going to be re-let anyway.

I would be cross with the agents for being pushy about viewings, but I don't see that the LL is at fault for wanting to sell.

????

If the landlord was in any way decent, he/she would have contacted their tenant and explained the situation.

As it is, OP has a fixed term contract.

They are allowed to stay in the property under the terms of that contract until it expires.

Any purchaser will be made aware of this as a condition of sale, which is why 'investors only' will be invited to buy.

It does mean that the OPs contract may not be renewed and/or terms will change once it expires, but they won't be evicted (legally).

Sapphirejane · 26/07/2022 18:27

I’d allow viewings for a reduced rent you could save towards the next place. Otherwise I’d make them wait until I’d left. The LL should not have signed a new lease if the intention was to sell. Wants their cake and to eat it.

Manekinek0 · 26/07/2022 18:29

You need to get some legal advice. Without seeing your tenancy agreement none of us can really give you any definitive advice. If you can't afford a solicitor I would recommend citizens advice.

Section 21 evictions are coming to an end so I think we will see more rentals changing hands.

Boomboomboomboom · 26/07/2022 18:32

You landlord call sell during your tenancy.
Regardless of what others say on here legally you are obliged to allow reasonable access for viewings if that is what your tenancy says (the right to quiet enjoyment is balanced as against reasonable terms for access and this right is enforceable by the landlord with an injunction if you refuse).

No-one cannot force you out before your fixed term ends if you are not in breach, so if the landlord gets a non investment buyer then he could pay you off to go early- you are in a strong position and could ask for thousands!

Sapphirejane · 26/07/2022 20:09

I just looked on the Shelter website to see what they had to say about this and the advice really confused me. They say if you don’t allow viewings it may be difficult to get your deposit back. How is that possible when it’s held by a scheme and the landlord would need to specify deductions for damages? Seems odd advice.

Crikeyalmighty · 26/07/2022 20:20

The only way they can do that is if you have moved to'rolling' - here's what I would do, I would allow viewings but no completion for at least 5 months and demand a 50% rent reduction each month till you move out for the inconvenience. Should build you up a nice sum!! Or I would ask for £8k upon moving out for the inconvenience plus new deposit, removal costs etc

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