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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My family have lived in a rented property years and our

Resolved Question:

Hi. My family have lived in a rented property for 7 years and our landlord has just told us he's putting the house up for sale. We could potentially offer to buy the property but can't save up enough deposit until about October (2016). He says he wants to sell it ASAP so will be putting it on the market. I have never missed a rent payment in all the time we've lived here and have never asked the landlord to do anything to the property in the entire 7 years. At the moment we have no where else to go as we are unable to get a mortgage agreed until we have the deposit. What's rights do we have to stay here until we can afford to go? He lives in Australia and our contract has just rolled on for all this time - although we originally moved in August 2009. Please help
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Do you have a written tenancy, if so when was it put in place and has it been formally renewed?

-Do you pay rent monthly?

-Has the landlord given you Notice to Quit/Section 21 Notice?

Customer: replied 1 year ago.
Hi, we signed a tenancy agreement in 2009 and have never signed anything since then. We pay monthly rent by standing order. No he hasn't served a section 21 notice or any other - just said to us that he's putting the house on the market and wants to sell ASAP. Thankyou
Expert:  Harris replied 1 year ago.

Thank you for confirming. Was the original tenancy for 12 months?

Customer: replied 1 year ago.
I think so yeah originally - then it just continued over the years without any discussion or anything
Expert:  Harris replied 1 year ago.

Thank you. Firstly, if the original term of the tenancy expired, you automatically have what is called a statutory periodical tenancy which for you would be monthly.

Legally, the landlord will need to serve you a Section 21 notice giving you a minimum of 2 months notice. If you do not leave after this notice expires then the landlord will need to apply to court for a possession order. Once the possession order is granted, if you do not leave then the landlord will have to apply for a Notice of Eviction - it is this Notice that gives you the actual date that you must leave the property by. So legally, if you are not in a position to leave the property you would be entitled to stay until the landlord has obtained a Notice of Eviction which could take anywhere between 4-6 months.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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