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Original poster

Long term tenant - No contract-what if landlord wants to sell house

8 replies

horseshoe · 05/04/2008 18:01

This is a hyperthetical (sp?) question really.

My mum says that he would either have to sell the house to us OR sell the house with sitting tenants. The 3 months notice would not apply since we do not have a short-term lease agreement.

Any advice?

OP posts:

MerlinsBeard · 05/04/2008 18:04

does the landlord even have to give 3 months notice?

Did you have a contract before hand? If you did, what kind of cantract was it?

K999 · 05/04/2008 18:05

I suppose if there is no 'formal written' contract for a lease then one could be implied at common law, ie you live there and pay the rent. Therefore on the face of it there is a contract....they dont always need to be written, however it is best practice to do so - to protect both the landlord and the tenant.

Original poster

horseshoe · 05/04/2008 18:09

Never Ever had a contract. I have been here 5 years without a problem.

Cant see us moving in the next 5 years due to me taking time out to be with kids.

The agreement is I pay him rent (have a rent book) and we do what we want with the house. It works very well and never had any problems.

He does not have any intentions to sell but I am considering doing some work on the house which will cost and I was thinking what would happen. Could he just give me notice to leave?? We pay pittance in rent compared to other people in the area.

OP posts:

K999 · 05/04/2008 18:11

Well, I would say that you do have a contract....you have a rent book so there is evidence of the kind of arrangement you have.....ie that you live there and are a tenant.

I am not sure what the problem is. Are you worried that he is going to evict you? Will he allow you to decorate?

iheartdusty · 06/04/2008 11:45

It sounds to me that as you moved in more recently than 1997 you are an assured shorthold tenant. So your landlord could give you 2 months' notice to leave at any time.

if he is happy with you being there, then no reason why he should give you notice to leave, but it might affect whether or not you spend money on the place.

why not have a chat with CAB to get some advice about your rights?

LIZS · 06/04/2008 20:16

If you have had an Assured Shorthold agreement (most tenancies are in England) which has gone past the 6 month or otherwise specified term , those terms roll on by default so you can give 1 month's and landlord , usually, 2 months' notice. Either way your mum is wrong.

2GIRLS · 07/04/2008 20:26

If you have been given a rent book which is filled in ect then that is taken as a contract, i think but if not and you have not signed anything I'm pretty sure (though not 100%) that you are living there on a month to month basis, so he could give you a months notice only.

funbags · 07/04/2008 22:23

iheartdusty is right imo - if no contract but you are paying rent then the law deems you to have an Assured Shorthold Tenancy - LL must give two months notice, you can give one month. If he does serve notice you can delay a bit by geting someone to check that dates on the notice - quite often they are wrong, but hopefully it wont come to that.

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