Landlord needs to sell

[stunner1901]

Hi all

My LL (who is a lifelong friend!) is in a really tricky position

his mum is in a care home and he had POA on her house(which I rent) she owns 50% and he and his sister own 25% each.

i have rented it for 2.5 years and there are no issues either way with the agreement.

However, he has said he's gotta sell but is going to try and buy the other 75% of the house and if he can happy days we stay as long as we want.

But.... If he can't get mortgage we will be at risk

his solicitor has told him to only give 2 monthly contracts until sorted (basically rolling contract) and current one ends end July

My question is simply What are my options?

My credit isn't great and I have dogs so alternate private rentals may be difficult.

1 - What notice does he have to give? I believe 2 months
2 - If I can't leave how long does court action take ?
how much notice would I get from court before physical eviction?
3 - what is position re selling with sitting tenants?

thanks in advance

[stunner1901]

Re: Landlord needs to sell

Hi guys

Sorry to nag but I really need advice

can anyone help please

[stevemLS]

Re: Landlord needs to sell

1. If it is now a periodic tenancy, 2 months.
2. So far as I know this is very much dependant on the local court list, 6 weeks is often quoted as a benchmark to get a listing but could be longer, could be shorter. It doesn't take long from possession order to eviction.
3. It is possible but greatly diminishes the value of the property on the open market and he may not be acting consistently with his duty as attorney for his mum which is to act in her best interests.

[Kati]

Re: Landlord needs to sell

[MENTION=15129]Crazy council[/MENTION] might be able to advise here too (just giving him a bump )

[Crazy council]

Re: Landlord needs to sell

hi

his solicitor has told him to only give 2 monthly contracts until sorted (basically rolling contract) and current one ends end July

1. If it is now a periodic tenancy, 2 months.

Your still fully covered by the old contract, doing this just meens that they can still give 2 months notice. your a periodic tenancy, have they done section 21s to end it already, or just informed you ( it would not make much difference )

2. So far as I know this is very much dependant on the local court list, 6 weeks is often quoted as a benchmark to get a listing but could be longer, could be shorter. It doesn't take long from possession order to eviction

if the rents up to date, and you have been unable to find a suitable property, but are realistically trying, and you dont leave on the notice ( hence requiring a court application for possession, ), then it depends on how they take it forward. the possession hearing would usualy take at least that long ( but can be a lot faster )

You have a reasonable chance that the judge would suspend any possesion order whilst you find a place ( you can not rely on that, but, if your not in rent arrears, you have a good chance.)

It doesn't take long from possession order to eviction.

At local court, 14 days to 6 weeks or more , At high court Instant, no notice ( lot of tenants get caught out by this )

3 - what is position re selling with sitting tenants?

its fine if a landlord is purchasing, as long as the solisitor does the paperwork properly at the point of transaction

But realistically, this would usually be deatl with another way.

you get on with your landlord, and thats the best position to be in, its usualy in the ownrs interest to not have the property vacant prior to sale as well, so, we used to do deal with tenants, if the terms of sale suited it

We would ask the tenant to formal agree some terms.

1. They vacate the property for a set day after sale agreed ( to allow paperwork formaly )
2. The make sure ALL items removed, property clean and clear and ready.
3. Agree any accidental damage done between seller agreeing purchase, and complementation, is done immediately ( to not hold up sale )
4. To allow pre booked viewings at agreed times and be helpfull in the sale
pluss others that suited there tenacy and the sale.

For that, we would agree,

1. 4 weeks ( sometime more ) notice between agreeing the sale, and transfair.
2. An agreed sum , on top of there deposit, usually paid a few weeks after when all money clears.

a tenant, in this situation, can be a real value to the landlord/agent, they can make the sale a lot easyer and cheerer all round

The above is just an example of how we acted over the years, does not meen you LL will do, but, all involved probebly realise its in the best interest

[MissFM]

Re: Landlord needs to sell

@Crazy council might be able to advise here too (just giving him a bump )

OOOOhh, Matron!:tinysmile_aha_t:


Very good advice, though, CC x