SMF - Just Installed!

Landlord Has Sold Property

Started by EDWOOD1, August 07, 2014, 11:52:40 AM

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EDWOOD1

My landlord has now sold the property I am renting and my tenancy was for 6 months from November 1st 2013 and I am still living here,and now the estate agency that managed the property for my previous landlord is managing the property for the new landlords.

They want me to sign a new 6 month tenancy starting from the 6th August 2014 which I do not want to,

I now have a problem as I am due to pay rent for this month but I do not know who is due what as my original lease the rent is due from the 1st of the month and the new lease WHICH I HAVE NOT SIGNED the rent is due from the 6th of the month so who do I pay ?

Also local council have offered me a 2 bedroomed flat which I am inclined to take as it is in a better area, so do I have to give any notice as my original tenancy is now finished with my old landlord and I have not signed the new tenancy plus I have a protected bond of £400 any advice would be appreciated.     

Hippogriff

Fixed term AST of 6 months from Nov 2013 means that you are now on a Statutory Periodic Tenancy.

You can give 1 month notice to leave at any time you want. Your Landlord has to give you 2 months notice.

If you do not want another 6 month fixed term, simply do not sign the new agreement put in front of you.

When the Landlord changes, they should write to you informing you of the new Landlord. It is a criminal offence not to do so. Please read up Section 3 of the Landlord and Tenant Act 1985 - http://www.legislation.gov.uk/ukpga/1985/70 - "Duty to inform tenant of assignment of landlord's interest" for details.

However, I'm sure you don't want to start threatening legal stuff, no point if no need... if the same Estate Agent is managing the property for both the old and new Landlord, does that not also include rent collection - so do you not just pay the rent due directly to them? Is "who do you pay?" really a genuine question? I can't tell if you mean "when do I pay?" because the dates have changed... but that is irrelevant because you have not signed the new agreement, therefore the terms of the old / current one still firmly stand. You pay your rent as you always did until formally told differently.

Let us know if this does not help.

EDWOOD1

Hi Hippogriff, thank you for your reply, and I did mean who do i pay as from the first (1st) August I am due to pay my old lanlord and from the sixth (6th) August I am due to pay the new landlord I have emailed the estate agency with regards to showing me or giving me a reciept for the payment to both landlords.
 

Hippogriff

Why would the dates change if you have not signed, nor intend to sign, a new agreement?

You pay your rent as you always have done. Only the new agreement, which you have elected not to sign, says that you should pay rent on the 6th. Ignore it.

Am I missing the point? Please tell me if I am.

boboff

To make a point which I think you might be missing.

Say you paid to the old landlord the rent on the 1st August, they completed on the 7th August, the Solicitor would have adjusted the payment for the house by the amount of "unused" rent at the date of sale. So in effect the new owner would have paid 7/30 of one months rent less for the property.

Hope that makes sense.

The rest is as Hippo says, give one months notice if you want to move.

Good luck

Hippogriff

All that admin. stuff shouldn't affect our Tenant, though... that's what I was thinking... their AST is still clearly in force... no-one can go around changing terms in there willy-nilly... so if the rent is due on the 1st, the rent always remains due on the 1st. Let the others sort all the admin. nonsense out.

One thing I really didn't get... surely rent collection is a part of a management service... so it wasn't clear if the OP pays their rent to the Agent... if so, even easier, just keep paying rent to the Agent as you always have done... again, let them sort out the admin.. If not, then just pay it to the new Landlord (whose details must have been provided) and - again - let them sort it out.

I think it stands that the Tenant pays what they always paid when they always paid it... unless they agree to a new AST - or mutually agree a new payment date.

I can't see how this is complicated. Whatever the old Landlord / new Landlord / Agent does or wants is really of no concern... rent continues to be due as it was due.

I can't help but think that a Tenant is becoming involved in the complications of others... who probably want an easy life by making it more difficult for others. Maybe the OP is just trying to be helpful as well... understandable.

Hippogriff

I am also aware that the 6 Aug 2014 was yesterday.  ;)

EDWOOD1

Thank you Hippogriff I will continue to pay my rent on the 1st of the month as usual,also all I knew with regards to the sale of the property is that it was up for auction in july but didn't sell,and then the agent for the landlord brought down a new tenancy for me to sign she told me that I have a new landlord, I must state that I haver never been given written confirmation of having a new landlord and as you said that is law that I should be informed.

I really thank you for your help,many thanks Eddie.

Hippogriff

Yup... and liable for a fine up to £2,500 if not done. An Agent strolling around and verbalising this to you is not good enough. Unless you're happy for it to be, of course.