HELP - landlord selling property during fixed term!

[CardboardBoxHereICome]

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!

There is a possibility the landlord suddenly needs to sell for whatever reason like a relationship breaking down or they lost their other income.

No you are not legally obliged to allow access for viewings, whatever is written in the contract. Law trumps the contract and you are perfectly able to refuse any and all viewings.

@ittakes2 - And? The LL made a choice to tie up their capital in this way for a fixed period for financial gain. That’s the risk they took. The LL’s personal situation is in no way OP’s concern.

@Jibberty that isn’t true, the landlord would have to apply for a court injunction for access if isn’t reasonably permitted. The landlord cannot enter without permission but also can’t unreasonably deny it.

what I said was you do not legally have to agree to viewing requests. If the landlord wishes to head to court then of course, but until that point, and without a court order, no you don’t.

Any new investor would be unlikely to want to buy the property with 10 months left on contract during which they cannot hike up rent. Unless your LL offered a lower price to get a sale. A house usually takes 3 months to purchase anyway. That would leave about 7 months of low rent.

@ittakes2 I'm afraid that's tough titty. He can offer concessions to the OP, reduced rent, cash payment etc and it's up to them if they accept this but they don't have to move out before end of tenancy or agree to viewings outside of what's in the contract as far as I'm aware.

OP, they’re trying to scare you out, you have a legal right to remain for the rest of your contract so the landlord with have to sell with you in situ, which puts a lot of buyers off and may mean he needs to reduce the price.

You have two options:

1. Remain there for the rest of your tenancy as you are legally allowed to do.


2. Tell the landlord you would be willing to move out for compensation of 4-6 months rent, or however much you need to move (or you could make this offer to the buyer if they’re a developer or don’t want to be landlords). Make sure firm terms re a move out date are also agreed. I did this when developers purchased my grans rental and clearly wanted her out. They agreed pretty fast - could be worth a shot if you’d rather just move.

Gf

This is good advice.

what does your contact say about viewings?

I’d make it clear to
the agent that you’re aware that you don’t need to
move out until the end of your contract.

Ok just had an email from the selling agent saying there is a 6 month break clause in the tenancy agreement. Stupid me, I didn’t read the new tenancy agreement to the end (it’s on last page) as it’s been renewed every year for the last 5 years and there wasn’t one one on last years as just checked. They must have put it in on this years. Sneaky bastards!

I have told them I will only agree to investor viewings but that will be impossible to check. They have said they can issue a Section 21 in November and will not agree to reduction in rent.

I suppose refusing viewings will cut my nose off to spite my face if they do find an investor but what are the chances of that in the current climate? Lots of landlords are selling due to the change in tax breaks and new laws aren’t they?

So you need to assume you are moving out at the end of the 6 months as you now have a 6month fixed term only.

You still do not need to allow access for viewings and you can ask for a reduction in rent for the inconvenience.

However we were in rented in 2020 and we did allow access for viewings but only in the last 2 months of our rental period and it was very much on our terms - ie when we were home and the kids were not. We also refused to show anyone around. Either the LL or the agent had to do that.

So what you could do is say - they can have access for viewings but you want a reduction in rent. Or, failing that, say they can have access for the next 4 weeks and then not again until the last month of your tenancy.

If an investor is interested they don't necessarily need to visit the property tbh.

And if a buyer wants to live in it then they will want vacant occupation so can't have access until you move. So. I'd make the LL hang on if they can't find a buyer in the next few weeks.

Do not allow access without you being present. Things go missing and can get messy.

Btw ask MN to move this to property. Will get more support / advice that way.

Have you checked your tenancy agreement to see who benefits from the break clause? Sometimes they are only one-way.
If they cannot serve notice until November, you'll still have until January to vacate, making this unattractive to a non investor buyer.

As I said above, you can refuse reasonable requests for viewings but this is likely a breach of your tenancy (the OFT had guidance about access for which one can sometimes still find on the internet) but if the landlord is eager to sell he might take the view that its worth getting an injunction against you (which you will have to pay the legal costs of).

So maybe allow reasonable first viewings, sit tight and see what happens?

I believe typical contracts say viewings in the last two months unless they have also sneakily changed that clause too.

That's not relevant. A contract may express a wish for the tenant to allow viewings, but it can't be enforced - if the tenant says no, the law takes precedence, and the law doesn't consider viewings to be a reason for a landlord to insist on access.