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Housing rights (NONE)     

petralva - 03 Oct 2008 23:01

hi,
I'm hoping someone can offer some guidance towards a problem that might arise.

My son is renting a flat at the moment,and is out of the tenancy aggreement, due to the landlord putting the flat up for sale.
If and when the flat is sold, will he have any rights to stay until he find's somewhere? or can he in theory be kicked out as soon as the other party exchanges contracts and be asked to leave.

Any advise would be appreciated.

Thanks.

petralva - 05 Oct 2008 00:20 - 3 of 7

Thanks for the pointers Andy, my son is currently 6 weeks out of his aggreement,and the landlord wasn't bothered about it being renewed.....
My son gets on well with him,so can't see him being stitched up.
I was more concerned with the buyers attitude,he might want him out in a week

That's where i see the problem,but as i'm sure your aware it can take several weeks for the sale to go through.......so hopefully in that time he will find somewhere else.

Will go to the local housing authority next week and perhaps cab to discuss.

Thanks for your time and effort andy....it was enlightening.

Andy - 05 Oct 2008 01:03 - 4 of 7

Petralva,

My pleasure, and that is my understanding of the shrthold tenancy law, but the other sources will know for sure.

As he knows the landlord, perhaps they can come to some sort of agreement?

Kayak - 05 Oct 2008 02:11 - 5 of 7

The agreement does not rollover for another similar period. It turns into something called a statutory assured shorthold tenancy, which effectively has the same terms as the original tenancy except that the landlord needs to give the tenant two months' notice to expire on a rent day, whereas the tenant leaving needs to give one months' notice, again expiring on a rent day.

There are however some differences in certain unusual cases, e.g. if the rent is paid weekly rather than monthly, so the suggestion to get advice from the CAB (or there is plenty of info on the web) is a good one.

The landlord can sell the property with a tenant in residence although of course most sales are with vacant possession and the landlord would be in serious problems if he did not manage to obtain it by the day of completion. For this reason most landlords would negotiate a free month or two at the end or whatever to try to ensure the tenant left, but there is certainly no right to compensation. Most sales take two months or more from the time the price is agreed so I would suspect that the landlord is relying on the good relationship with the tenant.

Andy - 05 Oct 2008 10:57 - 6 of 7

Kayak,

Well done, I hoped you would spot this thread.

mojo47 - 05 Oct 2008 20:23 - 7 of 7

If your son is happy in the place, do as a pall of my daughter's did negotiate for a free or reduced rent, just for keeping the place clean and tidy, and allowing them to look around the place, (at short notice). Your son still has the right to ask for notice if the landlord or anyone enters His rent paid up home.
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