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landlord is selling - what are our rights?

22 replies

thestrawgrasper · 14/05/2014 17:13

We have rented a house for just over two years. We only signed a contract in the first year, the two subsequent renewals the LL didn't bother so obviously we are just on standard statutory rights. It would have renewed at the beginning of April.

Last week he told us he was thinking of selling, there was a viewing within two days and they are buying it, cash. Completion in two weeks (amazingly, I have bought with cash before and still took 6 weeks to complete).

They have said they still want to let it to us but want to increase our rent 30%. From 2500 pcm, to 3250.

We have not yet been given formal notice.

I just wondered what we can do. We want to stay, and would pay a bit more as it is probably undervalued, but +30% is loads.

Any advice appreciated!

OP posts:
RussellBrandsEyeliner · 14/05/2014 17:15

I would contact shelter

here

expatinscotland · 14/05/2014 17:17

Think he still has to give you at least a month.

expatinscotland · 14/05/2014 17:18

30%? I'd tell them to do one.

RussellBrandsEyeliner · 14/05/2014 17:18

If you are on a rolling one month contract it is my understanding THEY have to give you two months...but please check with shelter, good luck OP

msrisotto · 14/05/2014 17:19

If you haven't done already, then negotiate with them. They're probably expecting you to.

FunnyFoot · 14/05/2014 17:20

I would try and negotiate with the new owners. If you have been good tenants and are offering long term let then try and agree on a middle ground regarding rent increase.

Other than that I am afraid finding a new home will be your only option.

Good luck

PatrickStarisabadbellend · 14/05/2014 17:22

Tell them to piss off and look for somewhere else.

CaptWingoBings · 14/05/2014 17:24

If you want to stay negotiate with them on price. If you can't agree then they have to give you notice as per.

Paq · 14/05/2014 17:26

They HAVE to give you two months notice in writing.

Your new landlords (if you decide to stay) must issue you with a new tenancy agreement and re-protect your deposit.

Ultimately they can decide what rent to charge, but you have 2 months to find a new place is you need to.

thestrawgrasper · 14/05/2014 17:39

Thanks Paq. They haven't yet given us written notice. Can they give us written notice before completion?

OP posts:
msrisotto · 14/05/2014 17:41

No because they aren't the owner of the property before completion.

thestrawgrasper · 14/05/2014 17:53

Thanks, that's really helpful. We really want to stay, but think they are being a bit grasping. We're in an area where not many people pay that much rent, so I'm hoping they'll set our offered increase against the probability of its sitting empty for 3 months.

OP posts:
Paq · 14/05/2014 18:04

Your current LL must give you notice, but they would be foolish to complete with you in situ as you could just stay put without paying rent then, or the new owners, but they can't until they take possession.

Oh, and it's two months from your rent payment date, so if they miss it by a day it will be three months less a day.

NadiaWadia · 14/05/2014 18:12

Wow the proposed rent is more than our total household income. And I didn't even think we were poor. This is in the South East or London, I presume?

merrymouse · 14/05/2014 18:15

Negotiate. If they are buying as a rental property it will cost them £££ to find a new tenant and do between tenancy maintenance.

thestrawgrasper · 14/05/2014 19:08

I have sent an email setting out some alternatives. Hopefully they will come back with something a bit more reasonable.

So, paq will our current landlord give us notice finishing on his completion date then the new landlord give us new notice from that date? If we don't reach an agreement that is.

OP posts:
specialsubject · 14/05/2014 19:33

all that happens in this situation is that the new owners become your new landlords. With no written contract, you are on a 'rolling tenancy' which means you must be given at least two months notice, to expire on the date the rent is normally paid. Same for any change of rent. This can only be done by your landlord, i.e. the owner.

your notice to them is a month, on the same cycle. The completion date is irrelevant.

obligations regarding deposit transfer to the new landlord - keep in touch with your deposit scheme.

if the property won't rent for that huge sum in your area, they are just going to end up with an empty house. Point that out to them. If you do want to stay, I'd also suggest that you have a written contract and set it for the time you want; six months is only the minimum. If you like you can even do this so they can't ask you to leave early (as long as you don't breach of course) but you can go at two months notice.

it is all negotiable.

thestrawgrasper · 14/05/2014 19:40

Thanks for the info Special subject. Our rent day is the 28th of the month. So if they send me notice and it arrives on, for example, June 1st, will we have two months from June 28th?

They would be very unwise not to keep us as tenants. We have offered a big increase and the different between what we're offering and what they want would disappear anyway if they had the house empty for a month plus agent's fees etc.

OP posts:
Paq · 14/05/2014 20:35

The current LL's notice is meaningless unless they delay the completion date, I think. Nevertheless I assume you'd like to get it resolved ASAP.

The deposit will have to be re-registered in the new owners' names and they have to give you details of this and their full contact details.

I hope it works out for the best.

specialsubject · 14/05/2014 20:37

that's my understanding - the Shelter website will confirm.

it sounds like your prospective new landlords are naive and led to believe silly things by the agents. (or they have read the papers and seen the stupid journo-speak that says letting is easy money!) I'd suggest being nice if you want to stay, explain the realities and hopefully come to a happy agreement.

if they start getting difficult, TBH cut your losses and go. You have to have an ongoing relationship with a landlord so don't sign up for hassle!

SATSmadness · 14/05/2014 21:16

I'm suspicious that maybe they don't want to let it at all, they just want to drive you out by setting a ridiculously high rent.

They just want you to effectively go of your own accord and the sooner the better.

Just a negative thought - sorry.

specialsubject · 14/05/2014 21:51

that's the other possibility!!

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