Landlord wants to sell



ORIGINAL POST
Posted by Dorisann 19 yrs ago
My landlord is going to sell his apartment and has given me two months to vacate the flat. He sent me a letter informing me I had to move effective from the date of the letter (9th May) and that potential buyers would be viewing the flat with the agent.

I am very busy at this time, and am worried that I cannot find a place in time. Do I have any options?

BTW I signed my contract on 1st June 2004 for one year fixed and the second year optional.

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COMMENTS
AYM 19 yrs ago
Hey, you know what? There was a new legislation passed in 2004 affecting tenancies signed before July 9, 2004. Although your lease would expire by May 31, 2006, if you want to exercise your right as a tenant, you can stay for another 12 months paying your current rent starting from the date your landlord serve you a Transitional Termination Notice notice (TTN)upon expiry of your current lease. That is:

1. Your landlord cannot ask you to leave in 2 months even if he wants to sell his flat.

2. You have ALL the right to continue staying for a maximum of another 12 months if you want, and paying the SAME rent until he has given you a TTN upon the expiry of your current lease (i.e. the earliest date would be June 1, 2006).


I'm no legal expert nor am I a lawyer. I welcome anyone to correct me if I'm wrong. However, I had gone through this situation myself being both a tenant as well as a landlord and I had seeked legal advice to have this issue clarified.


Dorisann, I can email you a PDF document regarding this issue from the Rating and Valuation Dept. if you want.

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Burgundy 19 yrs ago
Unless your tenancy agreement states something to the contrary, I believe you can refuse to allow viewing. (Most locals refuse.) If buyers can't view, he probably can't sell (at least, not at the price he wants). So maybe you could cut a deal - eg you will allow viewing provided he allows you to stay until X date. But get advice off a lawyer, unless a lawyer responds here.

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dimac4 19 yrs ago
AYM I think the laws have changed, (but it may be just under the times for this change being June 2004 and all) I have just bought a house with tenants in it. Their lease expires on 22nd August. The tenancy agreement states that the landlord can give 2 months notice that the agreement will not be renewed, and the tenant can give two months notice from the time the fixed period is complete. The landlord cannot ask you to leave before the agreement is completed, but is withing their rights to ask you to leave at the end of the agreement. Now you can refuse to go and legal action asking you to go can ensue, they can also hike the rent up so high that you will want to move on anyway. Check your tenancy agreement - I am pretty sure the clause will be there. The rules used to be what AYM said - but they have changed to promote activity in the property market while the economic down was happening.


You can refuse viewings - does make it harder to sell, but if people view it and want a tenant then you may be OK to stay there under a new landlord. The house we have lived in has been sold 4 times to investors, none viewed the house before purchase, and we didn't get asked to leave until now - where we were given more than 18 months notice, and we will be leaving earlier anyway becasue we have found other accomodation.

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AYM 19 yrs ago
Dorisann, dimac4 may be right if there was any special clause in your lease agreement. Better check your lease first.


In my case which I was a tenant, the lease was signed in Sep 2003; the case which I was a landlord, the lease was signed in July 2003.

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Dorisann 19 yrs ago
AYM, Burgundy and dimac4


Thanks to you all for your helpful replies - really appreciate your quick responses. On checking my contract, the break clause only mentions the tenant ie: tenant shall be entitled to terminate tenancy by serving not less than one months notice etc. It does not mention the landlord terminating the contract. Think I will ask a lawyer, and I'll let you guys know the outcome of that.

Thanks again!


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