Buy to let

[lollipoprainbow]

Has anyone else been in the situation of being a sitting tenant when your landlord decides to sell? The estate agent are adamant that it's being marketed as a buy to let investment but when I looked on Rightmove it said nothing of the sort! Feel like I have been lied to. Are they always advertised as buy to let or just marketed and made clear to potential buyers there are tenants in situ.?

Should say tenants in situ. Do you want me to look if you have a link?

@Chakraleaf I don't but I have read the advert with a fine tooth comb and there is not a mention at all. But worrying really.

Get a friend to ring up and ask the estate agent if there's a chain etc and find out what they say about your position?

@throughtheair yes I've thought of doing that

Even if they’re not saying it as fire contact it would have to be made clear during the legal process. They wouldn’t be able to sell while you’re still in there without giving notice etc

Just move, what’s the point sitting in the flat that is marketed to sell? Unless you enjoy strangers in your home and constant harassment to allow for viewings lol

We had situation where our landlord was undecided whether he wants to sell or keep renting. He tried to discourage us from moving out, but was expecting to do viewings whenever pleases. To test the waters :D

We gave notice straight away. Not only that flat didn’t sell for a year, he couldn’t find another renters either. There is always literally huge a stock of 1 bed apartments on the market to rent or buy in London, so it can get difficult for those landlords that try to make money from second property.

@Wanderergirl if only it was that simple !! Where I live rentals are very very limited and the ones that do become available are snapped up within minutes. So worrying.

I’d say quite the opposite, don’t move. The landlord wants his cake and to eat it to basically, collect rent on the property right up until the last moment when the property sells … well it doesn’t work like that unfortunately …. you have the right to quiet enjoyment whilst you’re paying rent on the property and I would make it very clear to the estate agent that you have not been served with a section 21 and therefore you will not be leaving and no you will not be allowing viewings either.

@Nothappyatwork yes I'm inclined to sit tight not that I have a choice due to there being absolutely no rentals out there in my price range. I'm beginning to disbelieve everything the estate agents tell me. They never keep me updated on progress and I have to ring them all the time to find out what's happening which isn't much at the moment as the flat is totally overpriced.

I totally get it with quiet enjoyment and they are only allowed to do viewings at convenient time for you. But… reality is quite different and they won’t invade your privacy, but they will keep asking and send emails, call etc etc. And yes he basically doesn’t want vacant property until he/she sells it. And if it won’t sell it is fine, because you already there, no need to look for tenants.

It is up to you to stay and wait it out. I found it too stressful to keep rejecting viewings on unreasonable hours or arranging them and then not being able to change my plans etc. We also had concierge downstairs and they kept constantly asking if we could just leave the key.

@Wanderergirl as mentioned I have zero choice but to stay due to there being no rentals available. I wouldn't be at all worried if there was a wealth of affordable rentals but there isn't, it's dire!! I would definitely have left if that was the case.

Oh no I got it, just tried to warn what’s ahead. It is really difficult when that happens :( Hopefully you will get lucky and they won’t sell!

It’s not difficult at all, you just have to be assertive this is somebody’s home. They could ask me until the cows come home it wouldn’t get them anywhere.

@Nothappyatwork I don't want to piss the landlord off and not accept viewings and risk him giving me a section 21 !

So you’re either going to get a section 21 which means that you in theory have to leave in eight weeks but in practice you actually don’t have to leave until the judge tells you you do which could potentially be 12 months away or you’re going to facilitate having your home sold from underneath you at which point you probably got three months to get out at best. One person here is going to be pissed off it’s either going to be you or the landlord.

Yeah it is that part where unfortunately you have to allow some viewings, but it has to be at the times that are suitable for you. And obviously reasonable times etc. It was even in our contract, because we made sure we and landlord comply in the process. But there is no obligation for a landlord to sell it to investor.

But as nothappyatwork here explained you can stick to you guns, don’t move out, don’t allow viewings etc. However, that will earn a one bad reference for a future rentals I suppose.

Since you are going to stay and wait to see what happens I say just accept it as it is. New buyer might be buying property as a rental property and you will stay were you are. Worse case start looking around to have a plan B.

@Wanderergirl nobody looks at references providing you pay your rent and therefore don’t affect your credit rating your landlords opinion of you is exactly that.

@Nothappyatwork wanna bet ?! Renting now is like going for a bloody job interview, they want to know everything bar what you eat for breakfast! . It's so different now to when I first rented this place nine years ago. Landlords can now pick and choose who they rent to and/or the highest bidder. It's all wrong.

If the landlord was hoping to sell to another landlord, the ad would say something like 'currently tenanted at £xxx pcm' and 'the tenant is happy here and keen to stay'.

I'm sorry OP. The private renting situation is horrendous (very much including in London, where a large supply of 1 bedroom flats is of no help to the huge number of tenants unable to afford the very high rents).

With the viewings, put it in writing that you can do whatever days and times are convenient/least disruptive for you. Eg. Monday and Thursday early evenings. Change the locks (change back when you move out).

I wish I had more advice on how to find a new flat. I hope you're able to find something suitable.

Oh landlords are careful with tenants these days. For the reason you exactly mentioned, it is difficult to evict bad tenants. They ask a lot of things, salaries, past landlord/agency reference, workplace reference and list goes on and on. Even if credit rating is not affected, past landlord will disclose the fact he had to go through courts to get you to leave property. No landlord would want someone like that.

In the end, I hated my situation with landlords decision to sell, but it is his property, he did what he had to do. I moved out in accordance to my contract, because I didn’t want to be tenant in situ and be subjected to constant viewings. I was glad we had 6 months break clause, otherwise we wouldn’t have been able to move out until our yearly contract has expired.

Also yes changing locks good idea. Because sometimes landlords/agents have no shame.

@Wanderergirl the landlord couldn't have picked a worse time to sell, if this had been a few years ago we would probably have been ok and found somewhere else. I'm dreading having to explain to my sensitive autistic daughter that she is losing her home, her security. The estate agent have a spare set of keys now and I'm slightly worried they are just going to let themselves in to show people round whenever they feel like it although they can't do that. I don't trust them anymore.

[quote Nothappyatwork]@Wanderergirl nobody looks at references providing you pay your rent and therefore don’t affect your credit rating your landlords opinion of you is exactly that.[/quote]
Yes they do. There are so few properties available it's a landlord's market and every aspect of a potential tenant is scrutinised. It's too expensive to make a mistake and get the wrong tenant.

OP, I bought a btl house with tenants Insitu. It said investment property with tenants Insitu in advert though. It said what rent/yield would be too. My new tenants had 3 months left on their current rent agreement. I just let them sign up for a further year once the 3 months expired.

EA can't let themselves in whilst house is rented out to you. You should remind them of that.

@caringcarer the advert says nothing like that at all just marketed as a normal sale. I'm really pissed off, the estate agent made it clear that it was being advertised as a buy to let and I would be ok to stay on, then I see this !! I'll be having a word with them on Monday not that there's a lot of point.