How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10176
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

My landlord has put the house on the market within 2 months

Customer Question

My landlord has put the house on the market within 2 months of us signing the agreement. When the property was advertised, there was no mention of "short term let" - we would never have considered moving here if we had known he intended to sell. Have we been "mis-sold"?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

I take it that you have an Assured Shorthold Tenancy and if so how long is the term of Tenancy?

Kind Regards

Al

Customer: replied 1 year ago.

6 months AST, but we were told it would just go to a rolling contract after that

Expert:  Aston Lawyer replied 1 year ago.

Hi Neil,

Thanks for your reply.

Well, legally, you are entitled to remain in the property for 6 months, and then the Tenancy does then continue unless either party serves Notice to end it at the end of the 6 month period or thereafter. The fact your Landlord may therefore be selling the proeprty does not affect your legal rights to remain in the property for 6 months as any new owner has to honour any existing Tenancy Agreement which is in place.

Obviously, the new owner may wish you to vacate at the end of the 6 months, or may indeed wish you to sign a new Tenancy agreement or let it roll on a month to month basis.Indeed, a lot of investors prefer to keep the existing Tenants as it means they don't have to find a replacement Tenant.

The Agent/Landlord may have been less than honest if they told you any more than you are legally entitled to remain there for 6 months, but I'm afraid they haven't done anything legally wrong and aren't guilty of misselling/misrepresentation- you have been given a Contract which has been signed and for which either party could end at the 6 month anniversary.

I hope this sets out the legal position to you.

Kind Regards

Al

Customer: replied 1 year ago.

Thanks Al, but it just seems so dishonest to market the property for rent as if its available for the long term, and all the while know you are going to put it on the market for sale as soon as you know you have the mortgage payments covered for at least 6 months! To add insult to injury, I am also being asked - as a favour - to allow viewings immediately, rather than within the last 2 months of the tenancy, as stated in the Agreement. I am obligated under the Agreement to keep the house clean and tidy, but we haven't even finished unpacking... Whats the point, now that we have to start packing up again?

Expert:  Aston Lawyer replied 1 year ago.

Hi Neil,

I understand your frustration, but you really should have demanded say a 12 month Agreement if you wanted the added security.

Unfortunately, and it works both ways, the 6 month Agreement is just that- however, if the Landlord is wanting to sell right away, anyone who makes an offer will know that you will be residing there, and therefore only investors who are looking for a Tenant who is already in place may be the only people interested in buying. If so, you may well find that they will want to keep you on after the Tenancy agreement has expired.

You are of course free to turn down the Landlord's request for viewings, so early on in the Agreement period.

Kind Regards

Al

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.