Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder stalin's dead Novitiate

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    Default Tenant rights when Landlord sells the property

    Advice required please,

    What are my rights should my LL decide to sell his property to someone else?

    Any direction please?

    thankyou

    SD


  2. #2
    Basic Account Holder JimmySpangle Informative JimmySpangle Informative

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    Default Re: Tenant rights when Landlord sells the property

    Rights in what way? If you are on a shorthold tenancy, that continues. The buyer buys the property with a sitting tenant. Of course, the seller may have forgot to tell them that, but that doesn't change anything.


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    Default Re: Tenant rights when Landlord sells the property

    Quote Originally Posted by stalin's dead View Post
    Advice required please,

    What are my rights should my LL decide to sell his property to someone else?

    Any direction please?

    thankyou

    SD
    Hi SD

    My landlord has been trying to sell where i live now for 3 years now even longer if they had told me the truth in the 1st place ,but thats another story

    You should seek legal advice ASAP on what your legal rights are

    A solicitor,CAB Citizens Advice - the charity for your community or if your on a low income or benefits Community Legal Advice - free legal advice for residents of England and Wales, paid for by legal aid


    Just out of intrest how long have you lived there and where does your landlord live ?

    Quote Originally Posted by JimmySpangle View Post
    Rights in what way? If you are on a shorthold tenancy, that continues. The buyer buys the property with a sitting tenant. Of course, the seller may have forgot to tell them that, but that doesn't change anything.
    Too true in my case.

    Fortunately for me,unfortunately for my landlord,my tenancy is regulated tenancy/sitting tenant moved in before 15/01/1989 and my rent is registered under 1977 rent act

    What my LL has told estate agents and people viewing the property,im the tennant from hell,only lived there 6 yearsicon and the estate agents giving duff information to my LL and people viewing the property Beggers belief..

    I could right a book on it all,but now estate agents and people viewing now know the truth about my tenancy..

    MARTIN


  4. #4
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    Default Re: Tenant rights when Landlord sells the property

    I personally don't see any reason that the OP will need to seek further legal advise. Your AST will transfer to the new landlord on the same terms regardless. You have the same rights, if your on a fixed term the new landlord cannot evict you until after that fixed term and will still need to provide 2 months notice.

    If the new ll does want to move in to the property it might be something you should expect, and would suggest talking to them about it. Though at this stage there is nothing to worry about, everything carries on as normal.

    Do remember your rights of quiet enjoyment are still standing, so should the ll or someone else want to show perspective buyers around they will of course need to seek your permission first. They can't just barge in.

    Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.
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  5. #5
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    Default Re: Tenant rights when Landlord sells the property

    Quote Originally Posted by blitz View Post
    I personally don't see any reason that the OP will need to seek further legal advise. Your AST will transfer to the new landlord on the same terms regardless. You have the same rights, if your on a fixed term the new landlord cannot evict you until after that fixed term and will still need to provide 2 months notice.

    If the new ll does want to move in to the property it might be something you should expect, and would suggest talking to them about it. Though at this stage there is nothing to worry about, everything carries on as normal.

    Do remember your rights of quiet enjoyment are still standing, so should the ll or someone else want to show perspective buyers around they will of course need to seek your permission first. They can't just barge in.
    Better to be safe than sorry and seek legal advice away

    MARTIN


  6. #6
    Basic Account Holder NewSAHD Informative NewSAHD Informative NewSAHD Informative NewSAHD Informative NewSAHD's Avatar

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    Default Re: Tenant rights when Landlord sells the property

    Quote Originally Posted by 45002 View Post
    Better to be safe than sorry and seek legal advice away

    MARTIN
    True, , also post the dates here that you first moved in (or, if appropriate, the dates that family preceding you and / or significant other took over tenancy and / or there was any change in circumstances arising) and CAGicon and others can then comment further.

    Good luck and catch up later.

    [EDIT: Sorry, should have made my post a little clearer. Recall that regulated tenants have right of first refusal at time of sale (Landlord & Tenant Act, similar to leaseholders). Will see if can find a link and post it here.

    Reason for asking after dates when you/family moved in and so on is to double check o any succession rights for regulated tenants too.

    The former point (rights of first refusal) may have some bearing on your original post, the latter (regulated tenancies, generally, with succession to an AT or AST), has less bearing, perhaps.

    Hope that clears matters up a bit!]

    As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here
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    Basic Account Holder Snorkerz Informative Snorkerz Informative Snorkerz Informative

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    Default Re: Tenant rights when Landlord sells the property

    As others have said - nothing changes. The new property owner will become your landlord and you'll still have exactly the same rights/agreement with him that you had with your last landlord.

    That applies to England/Wales - Scotland may well be different


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    Default Re: Tenant rights when Landlord sells the property

    Sorry, should have made my post a little clearer.

    Recall that regulated tenants have right of first refusal at time of sale (Landlord & Tenant Act, similar to leaseholders). Will see if can find a link and post it here.

    (Closest link can find at present is

    The Right of First Refusal: Ashworths Solicitors

    "Are you a qualifying tenant?

    You will be a qualifying tenant if you are a long leaseholder or a regulated tenant, if you hold your lease directly from the person wishing to sell their interesticon."

    and, for landlords,

    "Failure to comply with your statutory obligations constitute a criminal offence punishable by a fine of up to 5,000.00."
    )

    I have no connection with Ashworths, whose link that is, it's just that was the first link I could find!

    Reason for asking after dates when you/family moved in and so on is to double check if there are any succession rights queries for you if you or a family member are or were regulated tenants too.

    The former point (right of first refusal) may have some considerable bearing on stalin's dead and 45002's original posts, would be interested to know what the up to date legal advice is on this.

    The latter point (the more general point over succession to an Assured Tenancy or Assured Shorthold Tenancy), has less bearing, perhaps, but helps puts matters in context.

    Hope that clears matters up a bit!

    As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here
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  9. #9
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    Default Re: Tenant rights when Landlord sells the property

    I must apologise to SD 1st for hijacking his thread

    To cut a very very long story short,my LL is the type of person along with his wife,is allways right and never wrong,also they think tenants have No rights at all and they kick people out where ever they like just because they want to sell up...

    My LL now knows what my rights are and what his are,but still doesn't get it:-|

    I moved into my flat approx at the end 1984 and live along with my 2 moggies,this is the only thing me and my LL can agree on is the date i moved in and my LL lives next door in there house with his wife..

    I know All about my rights from solictor and that i could pass on my tenancy on to family member if i kick the bucket and so on.

    My LL has never given me 1st refusal to by the flat,but i could not afford to buy it anyway

    Also my local council Advice for Private Tenants - Birmingham City Council private tenancy dept have had to write to my LL telling them of what my rights are.

    But as i said early on my LL still doesn't understand why i have the right to stay,another problem is or was the estate agents giving out false information out about my tenancy to people wanting to buy the house,but been sorted out,i could go on and on aand on and on,but would end up writing severa pages on this forum...............

    MARTIN



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