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John
John, Solicitor
Category: Property Law
Satisfied Customers: 1902
Experience:  10 years legal experience
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I have a question regarding section 3 and section 48

Customer Question

Hello, I have a question regarding section 3 and section 48 notices, please
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, the property I live in has been sold and I will be staying on with the new landlord. I was aware of the sale but was not given actual notice. I have been informed by the new landlord about the purchase yesterday and was sent a new contract which is supposed to be starting on Monday. Now my circumstances have changed and I'm unable to sign a 1 year contract from Monday.
JA: Have you talked to a lawyer about this?
Customer: I have already paid the rent for June to the old landlord And I was like to give the new landlord three months notice Can I do that?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, I haven't discussed it with anyone as this happened last night
Submitted: 11 days ago.
Category: Property Law
Customer: replied 11 days ago.
I have a verbal agreement with the old landlord and the rent paid until end of June. Property purchased on 4/6. New contract supposed to start on 7/6. I was expecting to have some sort of notice at least until the end of the month? My old landlord wants to return the rent paid and the deposit so that I can start from Monday with the new agreement. The short assured agreement draft I received states I can't give notice within the first three months on the contract but as I said earlier, I'm now unable to commit for 1 year. I'd like to discuss with new landlord about a short let agreement and give him three month as the break clause of the draft agreement.
Expert:  Virtual-mod replied 11 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 10 days ago.
Hello,Thank you for your reply. I have now gathered more info and the situations is as follows:My flatmate and I have a verbal agreement with the landlord of the property we live in.
The landlord sold the property as vacant and was transferred the interest on Friday 4th June.
The new landlord was interested and keeping us on as tenants, on a different written agreement.
We received the new agreement draft on Friday 4th June in the evening, along with the communication of the transfer, and we're supposed to sign it and start the new tenancy on Monday 7th June.
We were not given a notice from either of the parties, we were told in the last few weeks that the sale was 'a matter of days' but were never given an exact date.
We have paid the full month of June on 30th May to the seller and covered the rent to 30th June. I was not aware, at that time of the payment, that the sale was going to be completed few days after.
The seller wants now to return to us tenants the rent for June already paid and the deposit so that we can start on the new written agreement from 7th June.
I discussed the new agreement with the buyer who wanted to offer a 1-year contract. Now our circumstances have changed and we're unable to commit for the whole period.Am I right to think that the verbal agreement I had with the seller has ceased on Friday 4th, with the purchase of the property?
Are we supposed to receive actual notice from either or both landlords, stating the end of the old tenancy agreement and the start of the new one?
Can I discuss with the new owner a short let agreement - 3 months - or do our previous verbal conversations count as pre-agreement on the 1-year contract?
What is our position now that we are in the property with a new landlord and no agreement? If we don't find an agreement by tomorrow and we are not offered a short let agreement instead of the 1-year contract, what can the new landlord do? What are our and the new landlord's rights?Any information you can share on the matter would be very much appreciated, we need to get back to the seller by tomorrow and find the situation very stressful to be dealt with in few hours over a weekend.Thank you very much.
Expert:  John replied 9 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can.  I may also need to ask you some clarifying questions to determine the legal position.

Customer: replied 9 days ago.
Thank you. Happy to talk on the phone if easier.Alessandra ***********
Expert:  John replied 9 days ago.

Thanks for your message, I appreciate it is important to you.

You have a legal interest in the property. If the ownership of the property changes, that interest is not destroyed. This means your tenancy will persist through and after the property sale. You  still benefit from all your tenancy rights as described by the law. None of them are limited, altered or restricted by the change of ownership.

The landlord, who purchased the property is forced to accept you as a sitting tenant.  If an agreement is already in place, with the old landlord, then this is the agreement that will stay in place unless you come to a new agreement with the new landlord. There is no obligation to agree to a new agreement, but you can if you want to as long as all the parties are in agreement.

It sounds like you are being coerced into signing a new agreement for 1 year which you do not want to do. You do not have to do this, if you do not want and if your circumstances have changed. If your old tenancy has expired then the new landlord can still use eviction procedures against you, but they need to follow the established rules.

You can discuss with the new owner a new short let agreement, but he does not have to accept it. If no agreement is reached, then your old agreement prevails.

Expert:  John replied 9 days ago.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Expert:  John replied 9 days ago.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John.

Customer: replied 9 days ago.
Thank you very much.
All clear for now.
I’ll get back to you if I need any further information.
Expert:  John replied 9 days ago.

I am glad I was able to help. Have a great day.

Customer: replied 2 day ago.
Thank you
Expert:  John replied 2 day ago.

Pleasure