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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10543
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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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: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years 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 2 years ago.

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

Expert:  Aston Lawyer replied 2 years 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 2 years 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 2 years 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