Hi I have been renting privately for 2 years. My landlord informed me on the day of signing a new 6 month contract that he was only "thinking" of selling the property. After signing the contract the landlord advised me a couple of days later that yes he was selling. I also note, the landlord up'd my rent for a 2nd time in the 2 years. I accomodated agencies and viewings and surveryors and the property now has a buyer (literally one month after I signed my 6month contract). The buyer is interested in me staying on in the property for another 6 months as she does not move in until late next year. I have been served my 2 months notice. The new buyer has contacted me directly to advise that she is happy for me to stay on for a further 6 month contract . I have advised both the deposit from the deposit scheme can simply be transferred. Both are dealing through an agency so arent in contact with wach other apart through me and the agency. The new buyer is a cash buyer and has informed me that she is confident the sale will go through I.e contracts will be exchanged much quicker than my 2 month notice date with my current landlord. My current landlord advised they will charge me rent until the end date , however the new buyer said to address this as she will own the property a lot sooner that and is ready to set up a seperate 6 month contract I feel like i am being used for as much money as possible by the old landlord. - I.e increasing my rent knowingly selling the property within 1 month, accomodating all parties with the sale, being asked to pay rent to the old landlord when contracts have exchanged. Is my landlord not breaking our agreement - ie if everything is signed before the end date of the 2 months notice period? ? (I believe it will be pushed through before christmas ) and the old landlord would have ne pay an additional 3 weeks rent -january 12th? As I have been so accomodating can we not do a clean break? Deposit exchanged and I begin a new rental agreement , pay the new landlord my rent instead of paying the old and new landlord a possible 3 weeks rent overlap? I am accomodating all parties but feel the old landlord is taking advantage. Please can you advise . I want to syay amicable with old and new landlord . The old landlord advises tge sale might be delayed and the new believes it will happen very quickly.
Where do I stand -please can you advise?
Hi i will try and help
could you just clarify what your main concern is?
Im happy to stay on in the property however im not happy to pay my old landlord rent to mid January if contracts are exchanged before then I.e before the christmas break I.e Dec 18th or even earlier.
Is the old landlord entitled to charge me rent when she no longer owns the house?
I would imagine the new landlord (only)has that right
Is my old landlord effectively breaking section 21 of the housing act?
If contracts are exchanged abd the house is sold how can I be paying her rent for a further 3 weeks?
Surely I can only pay the new owner rent based on a new tenant agreement that will be put in place as of tge date of exchange ?
The tenancy agreement is not being transferred.
Therefore once contracts are signed the old owner is no longer my landlord? The new property owner is setting up a new tenancy agree ment from the date of house exchange. I would effectively be doubling up on 3 weeks rent to old and new landlord.
That doesnt seem legal?
There is an overlap between my section 21 , two month notice period and the property tranfering from old to new owner? Does this in itself not break our tenancy agreement?
At this point am I obliged to pay the rent to the old owner after property contracts are exchanged to the new owner
Im not too fussed on following up further on a broken tenancy agreement as I would rather just cut ties but im not agreeable to pay any rent to a landlord who has served my 2 months notice during which the sale could easily go through very quickly?
Relist: Answer came too late. Sorry I was in a call when Matt responded but I did respond pretty quickly and am now waiting a couple of hours on a response.
Yes please Alex.
I have since seen that my current 6 month tenancy agreement advises "if the owner of the property changes for example if the property is sold and the property passes to someone else this will not change your rights and obligations under this agreement. .. the only difference is that the identity of the landlord will have changed"
I basically want the transition to go smoothly.
The new property owner take over the tenancy agreement.
I have been served 2 months notice stating im leaving the property however my current landlord knows the new buyer wants to keep me on in the property and has confirmed this to me in writing. Contract states during sale landlords name simply changes on contract.
Shouldn't this be as simple as new buyer takes over tenancy agree ment and rent is paid to the new landlord as of date of completion of sale?
I have not signed and sent back the document agreeing to the 2 month notice period. It states a notice period begining next week and that I will vacate the property in 2 months?
Does this mean that notice it has not been completed and served correctly as you advise?
If I find out the contracts for the house are exchanged shortly and before the notice period if my notice is valid how can it be that I would pay rent to the old owner and not my new landlord as she is effectively owner of the property?
Are both old and new landlord entitled to double up on what maybe anything between 2-8 weeks rent if the sale goes through sooner rather than later?
I look forward to hearing from you.
Very interesting thank you.
Therefore, I can go ahead and sign the section 21 and send it back. Im positive the new landlord will be ok with this.
I sent the new buyer who expressed interest in my staying on and agrees to draw up a new contract for me a mail suggesting she take over the contract, however I will ask she ignore this
I would also assume it is for the new landlord to know be informed themselves as to any rents owed to them being deducted from the sale.
Ok fantastic that puts things more into perspective.
Thank you very much for your help.