anyone know anything about tenants rights etc

[DaveShoelace]

Found myself in the same position a year or so ago, one morning I looked out of my window to see a for sale sign.

You should have a MINIMUM of two months notice from the date you were notified that the place was for sale and you had to leave. This is the case even if the tenancy has come to its contractual end and you are now on a rolling basis. You can actually more than likely extend this period if you kick up a fuss. Also you are under no obligation to let them in to show anyone around.

In my situation we were so incensed that the for sale sign went up and we found out that way, rather than being notified, that we moved out almost immediately (to the flat next door as it happens, so it was a really easy move) and as a result the landlord went without rent for the 9 months they were trying to sell it.

[Jon MW]

Also - you could go to the property auction and make sure people know that there's a sitting tenant maybe?

Generally it's very hard to legally get rid of tenants, so I think it's probably right that at worse you'll have a couple of months notice after the auction.

[outragous76]

Common Law is as follows:

Latest 6 month agreement

If you dont have a signed copy assume it doesnt exist as clearly he isnt going to sign it.

Previous contract

The previous contract will still exist. Although they are for 6/12 month terms, the contract does not cease to exist, but continues as a rolling contract. So if you pay monthly, you will have a monthly rolling contract.

I am not sure why everyone seems so certain about you getting 2 months notice? You will get 1 months notice, plus the balance of the month that you have currently paid for.

Jon MW - its not that hard to remove a tenant when they are under the terms of a contract.


As an aside - if he is selling the property at auction and it has happened this quickly, it sounds like a distressed sale.

On a positive note, people who buy at auction are frequently investors and are usually happy to keep tenants who have been trouble free and not missed any rent.

I wouldnt start to worry just yet. If the auction is 7 December and he hasnt served notice already -it suggest that you wont get notice until the property is sold. Even then, if it is an investor purchase you should be OK. One thing you should ensure is that the auction particulars refer to your tenancy. This should help to scare off most amateurs

PM me if you want advice.

G

[lazaroonie]

Common Law is as follows:

Latest 6 month agreement

If you dont have a signed copy assume it doesnt exist as clearly he isnt going to sign it.

my understanding of contract law is that if Clare has signed a copy of the contract, then a contract has been offered, and by her paying of the rent, and the landlord accepting the rent means that there is implied acceptance of the contract.

also, its been a long time since i was a slum landlord butit used to be the case that there was no notice peiod in an ASHT.

[Claw75]

Thanks everyone. I'm in a bit of a mess this morning. It's no secret that I suffer with an anxiety related illness, and I've been doing well over the last few months, but just feel like I've been hit by a juggernaut and about to break down. Times like this I hate myself for being so weak - I should be sorting this out but I'm too bloody useless. Tried to ring the auctioneers to find out what the deal is but no answer. The letting agents don't open til 10 I don't think. I've had two hours sleep, and really need to get the place sorted out ready for these guys coming tomorrow morning, but I just don't have the energy. It really sucks being this crap.

[outragous76]

Common Law is as follows:

Latest 6 month agreement

If you dont have a signed copy assume it doesnt exist as clearly he isnt going to sign it.

my understanding of contract law is that if Clare has signed a copy of the contract, then a contract has been offered, and by her paying of the rent, and the landlord accepting the rent means that there is implied acceptance of the contract.

also, its been a long time since i was a slum landlord butit used to be the case that there was no notice peiod in an ASHT.

you are right in terms of offer/acceptance and consideration, however if there is no proof of the contract, there is no proof of the offer etc etc

[outragous76]

ive sent a PM - happy to help

[david3103]

An Assured Shorthold Tenancy is generally for 6/12 months and then rolls over to a position where the Tenant can move out on ONE month notice, but the Landlord is required to give TWO months notice to quit.

Your Local Authority Housing Department may be a useful contact point...

A new owner doesn't automatically mean that you get served notice anyway - indeed, the fact that there is a tenant in place might be an attraction to the buyer. In the current marketplace there seems to be more properties to rent than there are tenants.

[kinboshi]

Section 21 deals with the 2 months notice for the landlord to take possession;

http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm

[pokefast]

Thanks everyone. I'm in a bit of a mess this morning. It's no secret that I suffer with an anxiety related illness, and I've been doing well over the last few months, but just feel like I've been hit by a juggernaut and about to break down. Times like this I hate myself for being so weak - I should be sorting this out but I'm too bloody useless. Tried to ring the auctioneers to find out what the deal is but no answer. The letting agents don't open til 10 I don't think. I've had two hours sleep, and really need to get the place sorted out ready for these guys coming tomorrow morning, but I just don't have the energy. It really sucks being this crap.

Forget getting the place ready and concentrate on yourself.

[Claw75]

apologies for my earlier melodramatic outburst. It's a struggle to put things in perspective sometimes when i'm feeling wound up like that. My ex husband, who has been incredibly supportive of me whilst I've been ill, has been on the phone this morning for me finding out what's going on. I've had about 5 cigs already, and feeling a bit more relaxed. Probably just as well I couldn't find the diazepam prescription that's been lying around the place for ages in a 'break glass in case of emergency' kind of way. Cup of tea will do instead. Going to get the place looking presentable now, take the rest as it comes, and try not to be so much of a basket case.

[ripple11]

Thanks everyone. I'm in a bit of a mess this morning. It's no secret that I suffer with an anxiety related illness, and I've been doing well over the last few months, but just feel like I've been hit by a juggernaut and about to break down. Times like this I hate myself for being so weak - I should be sorting this out but I'm too bloody useless. Tried to ring the auctioneers to find out what the deal is but no answer. The letting agents don't open til 10 I don't think. I've had two hours sleep, and really need to get the place sorted out ready for these guys coming tomorrow morning, but I just don't have the energy. It really sucks being this crap.

Clare, not easy but try and relax. As has been said, generally in these situations you have a lot of rights....but you probably need to get professional help...ie Citizen advice bureau/legal helpline, as well as blonde!
Certainly don't bother sorting the place for anyone!

[ripple11]

http://www.swarb.co.uk/phpbb/

(reccommended forum from moneysavingexpert.com)......half way down is landlord/tenant law

[StuartHopkin]

I wouldnt waste my time worrying about what and when he is doing and what notice you will get.
I would be on the phone to the letting agent asking what properties I could view this afternoon.

[The-Crow]

Tell the new landlord,

The boiler needs replacing, the front door is drafty, the widows need better double glazing, the cooker needs changing

Or , he can lower the rent by £100 a month,let him choose which