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bishy80
31-03-2009, 19:07 PM
Hi

I'm currently on a assured shorthold tenancy agreement with a term of rolling 2 months. My landlord has now decided to sell the property and is in the process of exchanging with the new owner who will also be our new landlord as he is buying the property to let.

The new landlord would like to create a new contract between us for a 6 month term with a 2 month notice period at 4 months. The problem lies with when the contract will start as myself and my partner are keen to buy in Sept / Oct 09 and have always advised the new owner of this matter hence did not want to enter into a long term contract. As our current landlord and new owner are still negotiating their sale this continues to push back the date for our new contract to start with the latest date being the 5th of May meaning we won't be able to leave the property till the 5th of November.

I was keen to know as sitting tenants what our rights were and whether the new landlord had to agree to our existing contract or if there were anyway around us signing a contract which will push us to the back end of the year.

Any information much appreciated!

Thanks
Charlotte

jeffrey
31-03-2009, 19:26 PM
1. What does 'rolling 2 months' mean to you?
2. You, as ASTenant, have the 1988 Act's protection during:
a. the fixed term; and
b. any statutory continuation thereof [s.5].
3. L1's sale to L2 makes no difference at all to that protection.
4. L2 steps into L1's shoes, provided that he (= L2) serves you with:
a. L1's Letter of Authority, re rent;
b. a Notice under s.3 of LTA 1985 [new L's name]; and
c. a Notice undr s.48 of LTA 1987 [new L's adress in E&W, for you to serve things on him].

bishy80
31-03-2009, 20:16 PM
Jeffrey

Thanks for coming back to me. Just a couple of questions:

For our rolling 2 months notice we were able to stay at the property till the day either ourselves the tenants requested a 2 month notice period or from when the landlord provided us with a formal 2 month notice which in fact we haven't received.

Therefore from your comments am I correct in understanding that as L2 is stepping into L1's shoes that our assured shorthold contract remains?

Additionally, the letter of authority re the rent does this advise L2 of our current rent and therefore it has to stay at the current rate? (for which this has infact been agreed)

Finally, could you provide further information around the notices you indicated - afraid I wasn't a little lost on this piece

Many thanks
Charlotte

jeffrey
31-03-2009, 20:23 PM
For our rolling 2 months notice we were able to stay at the property till the day either ourselves the tenants requested a 2 month notice period or from when the landlord provided us with a formal 2 month notice which in fact we haven't received.
Again, explain what type of tenancy you have. Is it a periodic tenancy created as such? Is the rent monthly?


Therefore from your comments am I correct in understanding that as L2 is stepping into L1's shoes that our assured shorthold contract remains?
Yes.


Additionally, the letter of authority re the rent does this advise L2 of our current rent and therefore it has to stay at the current rate? (for which this has infact been agreed).
No, the Letter simply tells you that L1 is authorising future rent to go to L2.


Finally, could you provide further information around the notices you indicated - afraid I wasn't a little lost on this piece.
Do an LZ search. I want to go home!

bishy80
31-03-2009, 20:46 PM
Jeffrey

Quote:
Originally Posted by bishy80
For our rolling 2 months notice we were able to stay at the property till the day either ourselves the tenants requested a 2 month notice period or from when the landlord provided us with a formal 2 month notice which in fact we haven't received.

We originally had a one year contract through an estate agent with our landlord, when this came to end the landlord was happy to handle the matter directly with us and asked us to sign an assured shorthold tenancy agreement. As we didn't want to be tied in to a set period of time he was happy to have rent sent to him on a monthly basis and as and when we wished to leave we would provide 2 months notice. We did not have to advise the landlord every 2 months that we would be staying at the property.

Quote:
Originally Posted by bishy80
Therefore from your comments am I correct in understanding that as L2 is stepping into L1's shoes that our assured shorthold contract remains?

Yes.

Re the above L2 is asking us to sign a new shorthold agreement but amending the term of the contract to 6 months which is the piece I'm querying - is it in our tenants rights to request L2 to maintain our current contract obligations?

Thanks
Charlotte

jeffrey
01-04-2009, 09:53 AM
Re the above L2 is asking us to sign a new shorthold agreement but amending the term of the contract to 6 months which is the piece I'm querying - is it in our tenants rights to request L2 to maintain our current contract obligations?
You have an AST. Its fixed term is fixed, despite L1 transferring ownership to L2, and the latter is bound by it.

Your rights are therefore entirely unaffected.