Help! How much notice should be given of intend to sell with tenants in situ

[newlandlord]

I received a call last Thursday saying that my landlord is selling via auction because they can't afford to maintain the property. I've been here 16 years and I think my tenancy agreement gives two months notice for ending the tenancy but I'm not sure of how things work in this situation. They wanted to arrange for the auction department of the letting management company to come asap to take photos. They are coming tomorrow. Today the auction department has phoned to me arrange viewings. It all feels very rushed and I'm stressed. Is this above board or are they not following guidelines?

Sorry for the typo in the title.

I would assume two months notice as per the tenancy agreement. However might be worth getting advice from shelter or citizens advice bureau x

Do you have a current gas safety certificate? Without one your landlord cannot legally issue you with a Section 21...whatever your tenancy says you do not have to allow viewings or estate agents in....

So sorry to hear that your landlord can do this with such short notice after 16 years! The rental market is just awful. 😔

@Blusterydaytodaypoohbear yes the gas safety check is up to date.

I'm just wondering if I'm being rushed into things outside of regulations.

Can you elaborate on this please as something similar is about to happen to me too I fear?

OP I would recommend speaking to the citizens advice bureau. Sorry you are going through this, it is horrible.

They've not served notice yet. Is it possible they would sell with you in situ? The tenancy doesn't end just because the owner changes, the new owner would become your landlord.

Once they have served notice this is just notice that if you don't leave they can go to court to evict you.

Speak to your landlord - he's not going to be able to sell it with vacant possession if you still have a tenancy agreement in place.

Try and stay on the right side of your current landlord by sympathising with his predicament, then ask him if he's trying to sell to someone who will keep you on as tenants, and ask him to keep you informed about each stage of the process. If you're good tenants, having you there could be a selling point. It is possible that nothing much will change for you in practice - fingers crossed.

They still have to serve a s21 giving 2 months notice.
Do you have a current lease or is it a rolling contract?

How horrible for you, OP. 💐

If it’s being auctioned, does that mean that the bank is forcing him to sell? I’m assuming so, or wouldn’t the landlord put it up for sale the normal way? No idea whether that changes anything if the bank is auctioning the property.

I agree that you should definitely speak to the CAB and Shelter for accurate advice.

Sorry, I've not been clear.

The landlord uses a letting agent to manage the property.

I have a rolling tenancy.

They are selling with tenants in situ.

They do not want me to be turfed out they just can't maintain the property.

They are selling at the letting agents auction.

I have not been served a section 21 and won't be but will get a different section something or other to tell me the new landlord's name and details.

The letting agent is hoping that the new landlord will continue to use them to manage the property.

I have been a good tenant and paid my rent on time for 16 years.

Can you buy it?

@ByQuaintAzureWasp no.

Rather than evicting you and selling the property empty, the landlord is selling with sitting tenants. Another landlord will hopefully buy the property and continue renting it to you.

Your landlord would probably get more if the property was empty; either they are being nice to you, or they are broke and need to sell asap.

I think all you can do is show you are decent tenants to the prospective buyers and hope you get a decent new landlord. The new landlord could give you notice or raise the rent with appropriate notice. However, if they are choosing to buy a house with sitting tenants, hopefully they will want to continue renting to you.

I wouldn't be obstructive as that will put the better landlords off buying. It is allowed to sell a house with sitting tenants as long as the new landlord takes over the tenancy.

Sorry this is happening to you after so long living there, I agree current high house prices and rental shortages are a big problem.

I am a landlord. In regard to notice, it’s all stipulated in the tenancy agreement. They may sell it to another landlord who wishes to continue to let to you.

They need to provide you at least 24 hours notice of viewings and visits to the property and you can agree/decline them if they are not suitable times for you.

Although you haven’t been given official notice to leave yet, given the landlords intentions then I’d be starting to look elsewhere for a suitable property to move to. Rental market is tough out there as more landlords are selling up with the new laws and legislation coming in and also the hassle and little return in some cases.

If they’re selling with tenants in situ then you just keep on living there.

They could evict you, but they’re not.

There’s not an issue here. You are welcome to give notice and move if you don’t want to change landlords.

Given your update, it sounds as if they’re hoping to sell to another landlord with you in situ.

I'm asking if they need to give more notice than a few days. I only heard they were auctioning last week and they want to take photos and arrange viewings already. It seems very quick and I'm wondering if they are doing things correctly.

Ask the CAB and/or Shelter.

It sounds like you are in a fairly ideal position all things considered. It's likely if it's going to auction that a new buyer will be pleased to have renters already in place and so your tenancy can just continue, but with a landlord who has the funds to keep it well maintained. I would try and help it along as it will be probably make things smoother for you in the long run.

You don't have to allow access unless emergency so you can delay viewings by a week or two if not convenient. Don't say no to viewings as they may then just serve notice.

Yes. Seems all above board to me. They want their house sold.

I have no intention of being obstructive, I'm just surprised by how quickly things are moving from hearing about it to photos to viewings in the space of a few days. It seems unreasonable to give so little notice but obviously I'm wrong.

This must be v stressful for you after 16 years. Sympathies. Do you think you are paying the market rate in monthly rent at the moment?
I’d be expecting new purchaser possibly to put up your rent if you are on low side of rent for similar properties.
Hopefully nothing significant changes for you but I’d absolutely do homework on what’s available in your area in your budget. See it as insurance until you have more knowledge.

It's below market value because it's not been maintained for the whole time apart from the odd repair. No decorating or anything. I'm scared that I'll be priced out and end up homeless.