Sitting tenant

Telecaster · 1 Aug 2022 at 18:33

I'm likely to be one as my landlord has let me know they're potentially looking to sell my flat. Generally speaking are rentals sold to other landlords and I'm likely to just carry on or is it wise to start weighing up my options? Could have done without the hassle to be honest at this time.

LuckyBenski · 1 Aug 2022 at 18:56

You've got rights - so it's worth boning up on those and knowing where you stand for your own benefit. That said, there's a few ways it can go typically I think.

The landlord wants to sell the property empty so will serve your notice, this is where the rights come in mainly. I believe you have 2 months minimum but it may be as specified by your contract e.g. if you are both on one month's notice then it's one month. In which case landlord had better let you know!

Second case: The landlord wants to sell the property with you in situ in which case I believe there's a transfer of contracts etc but the buyer would be assumed to want to keep letting the property out. You can't just buy a house with a tenant in a normal residential mortgage then evict them and move in, so in theory if a buyer doesn't request you're gone before purchasing, they probably want to keep you in. Though of course they may want to do works to the house, raise rent, or otherwise bother you.

Other scenarios should be less common so basically it's down to whether the buyer intends to move in, or let it out. Many landlords will sell only to the latter to save hassle.

IMO I would ask the landlord firstly what their plan is, and then start looking at your options to move on. Purely because, unless it's a very straightforward switch over, the situation can just be a bit unpleasant given you'd probably like nothing to change at all. First port of call though, get as much info as you can

Slam62 · 1 Aug 2022 at 19:37

Aren't you only a sitting tennant if you have no contract,? Otherwise he will issue you with a section 21 notice unless he sells it with you in situe, whatever, good luck, best to look for alternatives in the meantime.

Showboat · 1 Aug 2022 at 20:08

Is the area the house sits in primarily owner occupier or other renters.
That will tell you if he will want you out or in.

flea.rider · 1 Aug 2022 at 20:18

as most do selling it as is ... sitting tenant .. although your rent may increase after ....

Telecaster · 1 Aug 2022 at 21:21

Showboat said:
Is the area the house sits in primarily owner occupier or other renters.
That will tell you if he will want you out or in.

I'm not sure to be honest, I'm in a block of 6 flats next to another block of 6 flats that are part of a new build estate that is about 6 years old, I am the first tenant of my flat, I think but I'm not sure that I may be the only renter left in these two blocks.

She actually asked me if I wanted to buy it before they potentially look into sell it, but A) I can't afford it and B) I don't really like living here any more, I'm only still here because I'm paying the same rent as when I moved in.

Telecaster · 1 Aug 2022 at 21:24

Slam62 said:
Aren't you only a sitting tennant if you have no contract,? Otherwise he will issue you with a section 21 notice unless he sells it with you in situe, whatever, good luck, best to look for alternatives in the meantime.

I thought the term "sitting tenant" just referred to any rental property being sold with a tenant currently in it?

I don't think I have a contract, when I moved in it was all through a letting agency and it was a 12 month contract but when it came to renew they wanted a hefty fee just to renew it, so I contacted the landlord direct and said if you're happy with how things are I will just pay you direct on a rolling monthly basis, that is how it has been since.

Slam62 · 1 Aug 2022 at 21:35

Telecaster said:
I thought the term "sitting tenant" just referred to any rental property being sold with a tenant currently in it?

I don't think I have a contract, when I moved in it was all through a letting agency and it was a 12 month contract but when it came to renew they wanted a hefty fee just to renew it, so I contacted the landlord direct and said if you're happy with how things are I will just pay you direct on a rolling monthly basis, that is how it has been since.

Wow, that could be tricky for him, I would check the original contract and see if it defaults to 1 month rolling or something at the end of the initial period.
If it just lapses and you really are a sitting tenant then it used to be that the landlord basically has to wait until you die to get the property back, it may be different now though.

Telecaster · 1 Aug 2022 at 21:42

Slam62 said:
Wow, that could be tricky for him, I would check the original contract and see if it defaults to 1 month rolling or something at the end of the initial period.
If it just lapses and you really are a sitting tenant then it used to be that the landlord basically has to wait until you die to get the property back, it may be different now though.

I've checked my documents folder, the only thing I have relating to any sort of tenancy agreement is the original one after it ended with the letting agency, it is dated March 2017 and where it lists the 'Term' is just says for a period of 12 months. I can't remember what happened when it ended, I think they were just happy for me to keep going along as we were.

I'm a very low maintenance tenant and I've helped them out on numerous occasions, so they've never bothered me or hardly been in touch the whole 6 years, I think they were just happy to have someone reliable in who paid every month on the button that kept the place nice.

Slam62 · 1 Aug 2022 at 21:49

Probably best to keep the landlord on side while checking out other options. I wouldn't want any hassle if I could avoid it.

Telecaster · 1 Aug 2022 at 22:06

Slam62 said:
Probably best to keep the landlord on side while checking out other options. I wouldn't want any hassle if I could avoid it.

Oh we're on excellent terms, she thinks the sun shines out of my back side! I'm just wondering how long I should leave it seeing as I'm not planning on buying the place, just keep quite until they mention it again?

RoyMi6 · 2 Aug 2022 at 07:00

Telecaster said:
Oh we're on excellent terms, she thinks the sun shines out of my back side! I'm just wondering how long I should leave it seeing as I'm not planning on buying the place, just keep quite until they mention it again?

You might think this but they'll 100% think of their interests before yours.

Not uncommon tactic when "nice" landlords want to raise rent, they say "we're thinking of selling", letting you know well in advance of doing anything "as a courtesy" and it immediately puts you under stress that you want to avoid so you "choose" to move out.

Obviously not always the case, but it happens. So yeah, unless you've been sent your notice you don't have to do anything, but I bet that doesn't stop you looking at other places to avoid the stress, and that might be exactly what they want.

In short, prioritise yourself, cause everyone else will do the same.

Semple · 2 Aug 2022 at 07:51

Telecaster said:
I've checked my documents folder, the only thing I have relating to any sort of tenancy agreement is the original one after it ended with the letting agency, it is dated March 2017 and where it lists the 'Term' is just says for a period of 12 months. I can't remember what happened when it ended, I think they were just happy for me to keep going along as we were.

Pretty sure it will have just gone on to a rolling AST (assured shorthold), but they'd still have to follow the usual eviction process - 2 months notice.

Quartz · 2 Aug 2022 at 08:27

This happened to me. My landlord wanted to sell, served me an eviction notice, I purchased a house elsewhere, and it was all no real bother. Communication is the key.

Telecaster · 2 Aug 2022 at 18:32

RoyMi6 said:
You might think this but they'll 100% think of their interests before yours.

Not uncommon tactic when "nice" landlords want to raise rent, they say "we're thinking of selling", letting you know well in advance of doing anything "as a courtesy" and it immediately puts you under stress that you want to avoid so you "choose" to move out.

Obviously not always the case, but it happens. So yeah, unless you've been sent your notice you don't have to do anything, but I bet that doesn't stop you looking at other places to avoid the stress, and that might be exactly what they want.

In short, prioritise yourself, cause everyone else will do the same.

Well in short I can't really afford to move so no, I haven't started looking. I mean I guess I'd have to give it some serious effort if they did indeed come back to me and said they're selling and want me out but at the minute I've done nothing about it as there doesn't seem to be any point.

danlightbulb · 2 Aug 2022 at 19:08

Lots of factors in this.

Is your deposit in a protection scheme? If not, they can't section 21 you. They also cant use section 21 if there is no EPC, gas certificate, or copy of the how to rent guide.

Your original contract might have a clause saying it rolls onto a periodic tenancy after the fixed period, as stated by someone else above. A section 21 has to give you at least 2 months notice, even if the periodic tenancy was 1 month.

Also I would guess that the new mortgage company (if its not a cash buyer) will want to see an up to date contract, this could hinder the sale.

They will definitely struggle to sell to a residential buyer without evicting you first.

mattyfez · 2 Aug 2022 at 19:25

Yeah, If I was buying a house to live in, a sitting tennant would put me right off.

BUT also, if the person buying is buying as a BTL anyway, a sitting, reliable tennant could be a big bonus for them.

BUT i'm not sure where you would stand on a rolling 1 month contract if new landlord decides he wants to put the rent up, that's where it gets not good, as I guess you'll still be on a rolling 1 month contract with 2 months notice or whatever the rules are.

Telecaster · 2 Aug 2022 at 19:47

Either way it plays out I'll be out of pocket, new landlord will definitely increase the rent if they intend to keep a tenant in situ. If not and I have to move out I will have to pay market rent somewhere else which again will be more than what I pay now.

Telecaster · 26 Aug 2022 at 20:00

Small update to this: Trying to find somewhere to move to is proving to be a complete nightmare, not to mention very costly.

I'm always 2 steps behind and whenever I enquire about a place I am bottom of the list to be called back about it. Some folks must have the luxury of being online all day clicking refresh on all the websites every 5 minutes, by the time I get home from work it's too late.

I've already put the car up for sale because I can't afford somewhere with enough parking for 2 vehicles plus I'll need the money for the move anyway. I've honestly started questioning the point of getting out of bed every morning, I thought you're supposed to go forward in life as you age, not go bloody backwards.

Slam62 · 26 Aug 2022 at 20:15

Telecaster said:
Small update to this: Trying to find somewhere to move to is proving to be a complete nightmare, not to mention very costly.

I'm always 2 steps behind and whenever I enquire about a place I am bottom of the list to be called back about it. Some folks must have the luxury of being online all day clicking refresh on all the websites every 5 minutes, by the time I get home from work it's too late.

I've already put the car up for sale because I can't afford somewhere with enough parking for 2 vehicles plus I'll need the money for the move anyway. I've honestly started questioning the point of getting out of bed every morning, I thought you're supposed to go forward in life as you age, not go bloody backwards.

Sorry to hear this buddy, I hope you manage to sort it all out.