Q&A - Can landlord force me out if she sells? Or could new owner put up my rent?

Q:    I am just two months into a twelve-month AST and my landlord has informed me that she has decided to sell up. I particularly asked for a 12-month term lease because I wanted to feel settled after a traumatic period in my life, so I don’t want to move out, but I am also concerned about getting a new landlord in case they put my rent up. What are my rights?

A:    If your landlord puts the property you are living in up for sale, your current Assured Shorthold Tenancy will remain valid and you will have the right to stay living at the property until the end date stipulated in the tenancy agreement. This means the current owner will have to sell the property with a “sitting tenant”. Once the property has been sold your current landlord must give you notice that there will be a new owner and your new landlord will have to respect and abide by the terms of the current tenancy agreement you have. They will not be able to change the rent without following proper procedures.

You should check your AST to see what notice your landlord or her agent is required to give you before entering the property with any potential purchaser. If the AST does not include such provision, then the landlord must still provide you with reasonable notice, usually 24 hours. That said, you have the right to peaceful enjoyment of your rented property and therefore you are free to close the door to anyone you do not want in your home. You are not obliged to let in estate agents, prospecting buyers or other persons for viewing purposes, if you have not given prior permission. Finally, your landlord must transfer your deposit to the new owner who must protect it through a recognised tenancy deposit scheme.

Article 24/05/2021

This question has been answered by Rod Waters, a Senior Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  In accordance with government guidelines, most of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.

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James Denton

James Denton

Solicitor

Solicitor in our Civil Litigation team in the Oswestry and Wrexham offices.

Rodney Waters

Rodney Waters

Senior Solicitor

Part our of Civil Litigation and Personal Injury team in Wrexham