Posted by
fel
17 yrs ago
hi,
Our agent recently called to ask us to let some potential buyer to view our unit. I am wondering if we should allow our landlord to bring buyer to view the apartment since we are still renting & staying inside the unit. Do we (as the tenant) has the right to reject? or does the landlord has the right to bring buyer to view the unit given that the apartment is being rented to us now?
any view?
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Ed
17 yrs ago
I think your lease agreement will have a clause indicating this - its pretty standard
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ldavy
17 yrs ago
Ed's right, your Tenancy Agreement should have a clause stating whether the landlord can show the property or not. But the clause should also state that he can only show it at a time which is convenient to you - so if you just keep saying that it's not convenient, he can't show it.
However, if you have a good landlord, you might want to be nice and let him show the flat. If he sells it, the new owner is bound by the same Tenancy Agreement so it shouldn't make any difference to you.
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fel
17 yrs ago
i just checked my agreement, there don seem to have any clause stating whether my landlord can show the property or not. If he manage to sell it, which mean we will need to move out cos the new landlord might not want to continue with the rental arrangement.
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If your landlord sells the property, the new purchaser has to step into the shoes of your landlord and continue to honour the terms of the lease. What you need to make sure is your rental deposit is transferred to the purchaser. There is usually a clause in the lease dealing with the transfer of the deposit.
The purchaser's solicitor will notify you of the effective date of the purchase and when and whom you should start paying rent to after the purchase.
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ldavy
17 yrs ago
fel, as I said before, the new owner must abide by the terms of the Tenancy Agreement.
If you don't want anyone to see the apartment, just say "No" to the landlord.
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My understanding is that the new owner can evict the tenant as long as the new owner intends to use the flat for self occupation.
I would not allow your landlord to show the flat if there is not a clause in the current tenancy agreement permitting it.
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rkb
17 yrs ago
Don't worry. The new owner has to abide by the existing Tenancy Contract. He cannot force you to vacate prior to lease expiry. This is a known fact.
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fel
17 yrs ago
ours is a 1+1 contract. and we have stayed here for over 12mths. can then the new landlord terminate us by giving us 1 mth notice? the exisiting landlord oso has the right to terminate the contract if there really someone interested to buy the unit.
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rkb
17 yrs ago
Pls confirm what you mean by 1+1. Do you mean its a one year lease after which either party can provide one month's notice to the other party to vacate? Are there any special provisors? Hard to advise without seeing the clause as wording is important.
If there is a provisor that this clause can only be exercised by the Landlord if the property is being sold, your existing landlord has the right to ask you to vacate but only in the event of a sale.
Assuming such provision exists on the T.A, if the new landlord wants vacant possession, he will undoubtedly require your existing landlord to obtain this for him prior to completion of the sale-so you will likely be served the one month notice by your existing landlord.
Should however the property be sold subject to existing tenancy, the new Landlord has to abide by the terms of the contract . The wording of the break clause will determine whether whether or not the new landlord is able to serve you the one month's notice to vacate at any time now that the first 12 months are over, or only if he in turn sells the property.
Hope that helps but do post the relevant clause if you need further advice.
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fel
17 yrs ago
our rental is a 2yr contract. but there is a clause stating that after the 12th mth, both party can terminate the contract by giving 1 mth notice.
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