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Landlady selling property

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  • Landlady selling property

    Hi guys. Our daughter and her 11 year old will get a solicitors letter soon informing them that the landlady due to present circumstances will be selling the flat that they have been privately renting for the last 11 years.
    Just need a few pointers and advice etc as to where they stand astathe best way forward.
    Appreciate any advice
    Thankyou
    Tags: None

  • #2
    The likelihood is that they will need to move, unless they are in a position to buy the property.

    There may be a small possibility that the buyer will be happy for the existing tenants to stay, as their tenants. Has this been explored?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Thankyou Atticus, I've since found out that the EPC lapsed in Oct 2024 so she has no certificate?
      She hasn't sent the Section 21 papers back yet, is there any case?

      Comment


      • #4
        Sorry, I am not a housing law expert. I suggest that you look at the s21 checker flowchart on the 'Nearly Legal' blog: https://nearlylegal.co.uk/section-21-flowchart/. You may also find helpful information on Shelters' web site.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          You may well have a case: See https://www.bailii.org/ew/cases/EWCA/Civ/2026/515.html

          As this case has just been decided, I have not had time to study it in any depth.

          Comment


          • #6
            The point in that case is that the landlord haad not provided a gas safety certificate before the commencement of the tenancy (see para 85). I do not know whether it helos.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Guides and handbooks for Litigants in Person - :

            https://legalbeagles.info/forums/for...60#post1701560

            Comment


            • #7
              Just to point out the obvious and ensure you don't pass on any messages of false hope; unless the flat is sold to another landlord, your daughter and grandchild are going to have to move out eventually and legal shenanigans will typically only delay the inevitable by some months.

              It will be far better for your daughter to move on under her own terms rather than when forced to by a court order, especially if she needs a reference from the current landlord. Open a dialogue with the landlady and explain the situation and her concerns - the landlady may even be willing to help with moving costs etc. if that means she can sell the flat quicker with vacant possession.

              Comment


              • #8
                Originally posted by atticus View Post
                The point in that case is that the landlord haad not provided a gas safety certificate before the commencement of the tenancy (see para 85). I do not know whether it helos.
                Reply liberated.

                Comment


                • #9
                  The law changes tomorrow which is why so many S21s are being issued. If this fails then the new notice would have to be under the new rules I believe. Selling the property is one of the allowable reasons for asking a tenant to leave but the LL cannot then relet to someone else for I think at least a year. This is not the case under the old S21. There was a BBC Radio 4 You and Yours programme on yesterday about this very subject which would be worth listening to.

                  Comment

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