PDA

View Full Version : Landlord selling property before end of fixed etrm contract can tenant refuse viewing



cookie29
25-03-2010, 12:50 PM
Hi,

Can a landlord sell a property in the middle of a fixed term contract and can the tenant refuse to let in estate agents and viewings?

Thanks

Cookie29

Snorkerz
25-03-2010, 13:31 PM
Hi,

Can a landlord sell a property in the middle of a fixed term contractYes
and can the tenant refuse to let in estate agents and viewings?
Also yes.

When this happens, the new owner becomes your landlord under the same terms as the original AST.

If the LL is selling because he can't afford the mortgage, you might be better finding a compromise that allows him to sell whilst protecting your privacy and peace & quiet.

If he can't afford the mortgage and you prevent him selling, the mortgage company could re-possess the property and they will almost certainly evict under section 8, ground 2 of the 1988 Housing Act.

If you co-operate in a sale, there is a chance that the new landlord might want you to stay in situ for as long as you want.

jeffrey
25-03-2010, 13:42 PM
When this happens, the new owner becomes your landlord under the same terms as the original AST.
But only if new L serves on T:
a. old L's Letter of Authority;
b. Notice under s.3 of LTA 1985; and
c. Notice under s.48 of LTA 1987.

Snorkerz
25-03-2010, 18:42 PM
But only if new L serves on T:
a. old L's Letter of Authority;
b. Notice under s.3 of LTA 1985; and
c. Notice under s.48 of LTA 1987.Jeffrey, as usual is quite right. However, these are obligations on the new landlord and do not take away your rights.

For example, if new LL does not comply with (c) it means you do not have to hand over rent to the new landlord until he gives you his address in England/Wales for service of legal documents. It doesn't mean the rent doesn't accrue, just you don't have to hand it over until he complies!