Rented Property is up for Sale but no mention of Tenants in the Ad?

This is an issue that affects many people and possibly worries many more tenants who are living in privately rented accommodation. What rights do you now have if your rented property is up for sale but there is no mention of tenants in the property listing?

The simple answer to this question is that you have the legal right to remain in the property until your Lease ends, and the new owner must honour that tenancy. A change of landlord makes no difference to your rights. Do not let the landlord or his agent tell you anything different.

If anyone tells you that you must leave the property the alarm bells should ring, and you should immediately seek legal advice. The steps you take to protect your rights are important. Don’t panic or get angry – instead seek professional advice to find out the logical solution.

Here is a bit more information that will help you to better understand your rights.

Sitting Tenants Have Different Rights

Many people believe they are sitting tenants, so have the right to stay in a property for life. This is true, but only for certain tenants whose lease was signed prior to 15 Jan 1989.

The Lack of a Written Tenancy Agreement does not mean you do not have any Rights

Surprisingly, an awful lot of people do not have written tenancy agreements. However, this does not mean that they do not have a right to stay in their home, even if it is sold on.

Most tenants have a verbal agreement with their landlord. They have discussed how much rent they will pay, when and importantly the length of the Lease and the length of notice to quit. This verbal agreement constitutes a contract that is enforceable by law.

However, you have to be realistic and understand that it may be difficult, but not impossible, to prove what was agreed about giving notice to quit. If you are reading this and do not have a written tenancy agreement already then consider asking for one. That way if someone tries to evict you illegally you will have a better chance of protecting your home.

A Landlord has to Give Proper Notice to Quit

Regardless of the kind of tenancy agreement you have, a property owner needs to give you notice to quit in writing. They have to wait 28 days, and sometimes 2 months from giving written notice to quit before they can take further action.

For targeted advice on property rental issues consult one of Hylton-Potts’ expert legal advisors.