Tenancy querie!

[herbialfa]

Not my field!...........

Mate has rented a flat from the same guy for over 10 years.

Guy has decided to sell ( fairy muff!)

So, if someone buys the place with a sitting tenant where does my mate stand?

Thanks in advance!

[Simpo Two]

I guess a new agreement is drawn up with the new owner's name on it.

[randlemarcus]

herbialfa said:

Not my field!...........

Mate has rented a flat from the same guy for over 10 years.

Guy has decided to sell ( fairy muff!)

So, if someone buys the place with a sitting tenant where does my mate stand?

Thanks in advance!

If he's on an assured shorthold tenancy, on the pavement, with his stuff.

If he's truly a sitting tenant, exactly where he is, as very few mortgagors will give a mortgage with a sitting tenant.

[Wings]

anonymous said:

[redacted]

It may well be that the present owner may be selling the property with vacant possession,in which case under an Assured Shorthold Tenancy Agreement the present owner/landlord would have to give the OP two months Notice, the same being dated from the day in the month the rent is due/paid. If the present owner/landlord does not give the OP/tenant Notice, then should the new owner want vacant possession, then the new owner would have to give the OP/tenant the same period of Notice. So as tonker advised, speak now to the future/new owner, and also the present owner/landlord.

[soprano]

When exactly did the chap move into the property? You say over 10 years ago - the presumption between an assured tenancy and an assured shorthold tenancy changed in February 1997 which makes a significant difference to his right to remain the property.

[Wings]

soprano said:

When exactly did the chap move into the property? You say over 10 years ago - the presumption between an assured tenancy and an assured shorthold tenancy changed in February 1997 which makes a significant difference to his right to remain the property.

Good point, although from 1 October 2010 ALL such tenancy agreements will convert to an Assured Shorthold Tenancy, and therefore be subject to Notice/termination of the tenancy by the landlord submitting a section 21 Notice of 2 months.

[soprano]

Wings said:

soprano said:

When exactly did the chap move into the property? You say over 10 years ago - the presumption between an assured tenancy and an assured shorthold tenancy changed in February 1997 which makes a significant difference to his right to remain the property.

Good point, although from 1 October 2010 ALL such tenancy agreements will convert to an Assured Shorthold Tenancy, and therefore be subject to Notice/termination of the tenancy by the landlord submitting a section 21 Notice of 2 months.

Interesting Wings - which piece of legislation is changing this? I would like to take a look.

[soprano]

Wings said:

soprano said:

When exactly did the chap move into the property? You say over 10 years ago - the presumption between an assured tenancy and an assured shorthold tenancy changed in February 1997 which makes a significant difference to his right to remain the property.

Good point, although from 1 October 2010 ALL such tenancy agreements will convert to an Assured Shorthold Tenancy, and therefore be subject to Notice/termination of the tenancy by the landlord submitting a section 21 Notice of 2 months.

Wings - regarding the above, I would still be interested if you could point me towards the legislation that you say is going to change this? The only change I am aware of which is taking place on 01 October 2010 is under the Assured Tenancies (England)(Amendment) Order 2010.

This brings tenancies which were previously excluded tenancies under Schedule 1 of the Housing Act 1988 (by virtue of the fact that the rent was in excess of £25,000 per annum) within the statutory provisions. The limit is being raised to £100,000. Those in excess of the limit will remain common law tenancies (ie governed by the contractual terms rather than by statute). Those which are below will be presumed to be AST's with the usual provisions applying.

It will no longer be sufficient to serve a common law notice to quit in the tenancies that fall within the statutory provisions, a section 21 notice (if AST) will have to be served. What this legislation does not do is convert Assured Tenancies to AST's though.

I would be very surprised if the government introduced legislation taking the actions that you say is coming into force, as it would be providing tenants with less protection by removing security of tenure for those under an Assured Tenancy.