anyone know anything about tenants rights etc

[Claw75]

OK, so trying to drop off to sleep tonight a rather large penny dropped as my mind worked over the events of the day.

I've been renting the property I'm in for two years now, and came to the end of the 2nd 12 month tenancy last month. I signed a new tenancy agreement, starting on October 10th this year, for 6 months. The reason for the shorter tenancy was that the landlord was considering selling the property next year. Anyway, didn't reallly think anything more of it, but hadn't had a copy of the fully signed (by landlord) agreement yet and hadn't got round to chasing it up.

Last week I get a text from the landlord saying that someone will be coming to value the property, and asking when it's ok for them to come round. Nothing surprising there as I know he's looking to sell at some point and probably wants to get an idea what the place is worth. So this morning I get a call direct from the estate agents to arrange a visit. They're keen to do it asap - tomorrow or Wednesday. I manage to stall them til Wednesdsay as I need to sort the place out a bit.  During the call it becomes clear that this isn't just a run of the mill valuation, and that the landlord is looking to put the property on the market.

I give the letting agents a ring to confirm that the landlord has signed the tenancy agreement that I signed last month and explain my concerns about him putting the place on the market. They say they'll look into it and call me back, but I didn't hear anything today (it was rather late in the day when I called them). At this point, I'm still not too concerned, knowing that the place is likely to be on the market for a fair while anyhow, and that I'll need to be given notice (presuming the tenancy is all sorted - not heard anything from the letting agents to suggest otherwise since last month).

It's only when I'm dropping off tonight I start to go over my call with the estate agents and realise some of the questions they were asking me were a little bit odd, not to mention their sense of urgency. I listen back to a voicmail message they left me this afternoon which I'd not properly taken in before, and realise they are actually a property auctioneering company. A quick glance on their website shows that next auction is on 7 December with property details available to the public this Friday (20th November). I'm pretty sure now he's looking to get the place listed for that auction.

So where does that leave me as a tenant? Presumably whether or not he's signed up to the new agreement he'll still need to give me some form of notice in accordance with the previous agreement?

I'll pop over to the letting agents tomorrow to see what the deal is obviously. I am concerned about the tenancy thing though - I've currently got a claim for housing benefit in and not having a current tenancy agreement is going to be a big problem.

I'm in two minds about what to do about the valuation? Should I refuse to let them in to the property do you think? Also pretty pissed off with the landlord for the lack of communication too.

Worst case scenario, the place goes to auction on 7 December and someone buys it. Are they within their rights then to just turf me out immediately - I've obviously got no contract with the new owner.

Sorry for the waffle, just getting it out of my head really, but if anyone does have any words of advice, then I'd be grateful - I'm crap at all this stuff.

[The-Crow]

My son just signed an assurred short term tenancy today. I did have a good read and one thing we asked was if the landlord sells, what happens.

They said we have to be given 2 months notice, If the new owners want you to move out.

hope that helps

[Colchester Kev]

prop would have to be marketed and sold as "With sitting tenant"

[gatso]

don't take this as gospel but it's my understanding

if the (new) owner wants to occupy the flat as their main property then they can by giving you notice of however long is set out in your contract, probs 2 months

if they don't want to move in and use it as their main property then it's pretty hard to get you out if you've always paid on time and caused no problems

if they do serve you notice it needs to be done in accordance with this which I cba to read but may have something useful in it-

196 Regulations respecting notices

(1)Any notice required or authorised to be served or given by this Act shall be in writing.

(2)Any notice required or authorised by this Act to be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.

(3)Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.

(4)Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F1by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

(5)The provisions of this section shall extend to notices required to be served by any instrument affecting property executed or coming into operation after the commencement of this Act unless a contrary intention appears.

(6)This section does not apply to notices served in proceedings in the court.
Annotations:
Amendments (Textual)

F1Words in s. 196(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch 1 para. 7
Modifications etc. (not altering text)

C1S. 196 extended by Leasehold Property (Repairs) Act 1938 (c. 34), s. 7(2); applied by Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65), s. 29(6)

C2S. 196(3)(4) modified by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 49

C3S. 196(4) amended by Recorded Delivery Service Act 1962 (c. 27), s. 1, Sch.

[Claw75]

thanks. my real concern at the minute is if he hasn't signed the new tenancy agreement. given that i'm still living here and paying rent, it is just assumed that the tenancy continues on the same terms as before and notice periods etc are the same, does anyone know?

[gatso]

if the (new) owner wants to occupy the flat as their main property then they can by giving you notice of however long is set out in your contract, probs 2 months

btw, for this bit to apply you would have to have received notification in writing that this was a possibility BEFORE your tenancy started. if it's not in your agreement then they can't do it and even if it is it's unlikely they'd get away with it with a new owner

[gatso]

do you have a shorthold tenancy agreement or an assured shorthold?

[Claw75]

do you have a shorthold tenancy agreement or an assured shorthold?

well atm I'm not sure If I have any agreement! Looking at last years agreement (and the one which I thought started last month would be on the same terms) it's an assured shorthold tenancy. Gonna have a read of it now.

[thetank]

btw, for this bit to apply you would have to have received notification in writing that this was a possibility BEFORE your tenancy started.

Is a standard clause in most leases I think. Obv things could be different in Scotland tho

[Bongo]

My mum used to work for a letting agent and her friend still does, I'll ask tomorrow what the low down is.

[gatso]

btw, for this bit to apply you would have to have received notification in writing that this was a possibility BEFORE your tenancy started.

Is a standard clause in most leases I think. Obv things could be different in Scotland tho

nah, it's standard in england and wales too but doesn't mean it's in 100% of agreements

shouldn't really matter though as to get someone out who has an assured shorthold the owner would have to convince a judge that they need to move into the property. as any new owner should be aware that there's a sitting tenant the judge would just tell them to gtfo as they should've bought an empty place if they wanted to live there.

worst case you get a crazy judge who agrees and you get 2 months notice

[Claw75]

btw, for this bit to apply you would have to have received notification in writing that this was a possibility BEFORE your tenancy started.

Is a standard clause in most leases I think. Obv things could be different in Scotland tho

just gone through it - there's nothing in there about if he wants to sell up, or letting agents in etc. The only thing it says about granting access to the property is 'to allow anyone with the landlord's written authority to enter the property at reasonable times of the day to inspect it's condition and state of repair, if hte landlord has given 24 hours written notice beforehand'

The only contact at all I have had from the landlord since I signed the new tenancy in October is a text message saying 'I need to get the property valued, when can they pop round?'

I'm gonna ring the auction bods tomorrow and find out what the score is - I think they just presumed when they spoke to me that I knew wtf was going on. Should I let them in Wednesday as agreed?

[Claw75]

My mum used to work for a letting agent and her friend still does, I'll ask tomorrow what the low down is.

cheers Bongo

[gatso]

Should I let them in Wednesday as agreed?

yeah, you could be awkward and demand written notice but it's pretty pointless

have a read of this http://www.communities.gov.uk/publications/housing/assuredassuredtenants

[Claw75]

Should I let them in Wednesday as agreed?

yeah, you could be awkward and demand written notice but it's pretty pointless

have a read of this http://www.communities.gov.uk/publications/housing/assuredassuredtenants

already have that open in another window