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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7038
Experience:  Solicitor
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We are currently renting a house with large garden and

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We are currently renting a house with large garden and conservatory. However the Landlord decided to sell most of the garden, on which the new owner is planning to build a house, and the conservatory has to be removed.
The planning was granted 01.12.2017 and they are planning to complete around now. We received the section 21 notice from the Landlord with effect from the 06th of January and we have to move after the 5th of March. However we found the future property which is available from the 5th of February and the Landlord doesn't let us go. In that case we will lose the property. My question is that; is the Landlord has the right to sell part of the property when we are in it? We are paying for the full property at the moment ( paid already until the 05th of February)?

Hello my name is ***** ***** I will help you with this.

When did your fixed period run until a.

Customer: replied 4 months ago.
Until the 05th of July 2018. But there is a 6 months break clause in the agreement. I just really would like to know if the Landlord breaches our contract or not.

By selling - no.

If the landlord doesn’t actually sell and exclude you from the land before or he end of the contract, it is not a breach,

The landlord is entitled to sell and entitled to give notice.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Customer: replied 4 months ago.
Sorry but it’s not clear. If the Landlord sells does the Landlord breaches the T/A? Which clearly states that we using the garden, summer house and the conservatory. Can the Landlord complete the sale now or they have to wait until we vacate? If the Landlord has the right to sell the land is the new owner can use the land and start taking down the conservatory straight away or they have to wait until we vacate under our current contract? Because we paying rent for that land until we are there!

Not if he gives notice, no.

It’s not a breach of the agreement unless it is actually sold when you are in situ.

If it is, then yes it is a breach.

Does that clairfy?

Customer: replied 4 months ago.
Thank you for your help.Kind regards

All the best. If this answers your question could I invite you to rate my answer, 5 stars the happy face on the page before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

Jamie-Law and 2 other Property Law Specialists are ready to help you
Customer: replied 4 months ago.
Already done :)

Very kind