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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice.
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We are protected tenants renting from a private landlord, who

Customer Question

We are protected tenants renting from a private landlord, who wants to sell. can we be evicted when the place is sold.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When you say a protected tenant do you mean that you have an old Rent Tenancy from many years ago or some other kind of Assured Tenancy?

Please confirm it is not a Assured Shorthold Tenancy.
Customer: replied 3 years ago.

Hi Jo.


 


The cottage was with my husbands job as an agricultural worker, and when he was made redundant from the farm job we started paying rent in 1981, {agricultural rent act}.


 


We have a protected tenancy.

Expert:  Remus2004 replied 3 years ago.
Thank you.

The landlord cannot end your tenancy just because he is selling the property and the new buyer takes it subject to your tenancy.

If the new landlord decides to put the rent up, you can take the matter to the Rent Tribunal to have a "fair rent" set if that has not already been done.

Does that answer the question for you?

Jo
Customer: replied 3 years ago.


If the buyer wants to live in the property his/her self where do we stand then?

Expert:  Remus2004 replied 3 years ago.
If you have a protected tenancy, the only way that the landlord can get you out provided you have not breach the terms of the tenancy agreement and are not in arrears, is to offer you enough compensation to make it worth your while.
Customer: replied 3 years ago.

 


Thank you for your help Jo.

Expert:  Remus2004 replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.


For Jo C.

 

If a family member decides to raise a morgage to buy the property, and has a consent to morgage form, does this form take away our rights to the protected tenancy, or is it just a formality saying that we agree to that family member buying the property?

Expert:  Remus2004 replied 3 years ago.
It doesn’t take away your protected tenancy BUT insist that the buyer pays for you to take independent legal advice on the document before signing anything. If they won’t pay for that., don’t sign.

It should be £200 or so plus vat
Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/