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Landlord selling apartment - legal protections?
Dear all,
Our landlord has just told me that he wants to sell our apartment. He has told us this before but previously said in September 2017, not now. We have our contract with him until August 2017.
The email he has sent basically says:
- the buyer will likely want the apartment empty when they move in
- he has asked us to keep the apartment in "perfect order and super clean for visits", whilst also saying that "in the last months I've seen the apartment in a very poor condition"... we clearly have different standards. I fully expect him to try and rip us off, but that's a different matter
What legal protections do we have about being kicked out when a new buyer takes over? Does the new buyer have to keep us until the original contract runs out, or is that then null and void? Do I have a legal requirement to keep the place in a 'perfect condition' for viewings? Does he have to give advance notice of viewings?
I must admit I'm also pretty annoyed about him saying that we don't keep the apartment in a great condition, especially as there have been numerous problems with the flat including a dishwasher that doesn't work for 6 months, wiring in the lights which kept tripping and the electrician saying it was a death trap, and last and not least the poor toilet plumbing which has resulted in our bathroom being covered in sewerage from the block TWICE. Rant over!
First of all, what kind of rental contract do you have? For nine years, or for three years or less? How long have you been in the apartment?
In any case, the contract is binding to the new owner as well. The new owner can only give you notice if they want to move to the apartment themselves, or want to move a relative in (the law has a clear list on who counts as a relative). They cannot give you notice if they just want to renovate the place and then rent it again.
As for viewings, take a look at your contract. All the details should be stated there (how many times a week, on which days and times). He does have to give you advance notice of viewings.
In this case, as it's a short-term contract, even the new owner cannot give you notice to leave before the end of contract. A short-term contract can't be broken by either party.
Even he has told you that he wants to sell the apartment, the landlord still must send you an official notice (by registered letter) that he does not wish to continue the rental contract. And this a minimum of three months before the contract expires.
If he should fail to do this (and if you do not send him a notice to leave), after August 2017 you will in fact be in a fourth year of a nine-year contract. The new owner, if he wants to move in, has to give you a notice of a minimum of six months.
This could put you in a stronger negotiation position, if the landlord turns out to be difficult. You could agree to leave early, but only if the landlord gives you your full deposit back.
If the landlord is going to be an arse, make sure you make all potential buyers aware of the problems. ;-)
Check your contract carefully.
It is unlikely to be in your best interests to move out before the sale. A standard contract should state that the (new) owner has to give you notice to get you out or refund the rent in lieu of notice.
Also, the current landlord cannot 'rip you off' if you are still in the place when the sale goes through and there is no way for him to get you out if you are happy to stay until August.
Unless there is a specific clause in the contract about breaking it early, you cannot legally end the contract before it expires. Or of course you can move out tomorrow if you want, but you are liable for the rent until August.
Fixed-term contracts are often not in the best interest of the tenant.
Haha, it is unbelievable what bizarre standards landlords can have when they're visiting for such purposes. My landlord wanted to take pics of the house because she wants to sell it. She didn't have problems with cleanliness but when she came she left in 5 minutes. She later texted that she was mad that our curtains were closed and that it was our responsibility to draw them open when we knew she was coming to take pics . hahahhahah
We politely told her that it is not in the contract that we need to keep the curtains open for her highness. Or that the apartment needs to be in any certain way for her arrival. That shut her up.
By the way, our landlord told us that even the new owner can't throw us out before giving a three months notice. I don't know if it applies when he wants to move in himself or not. We have a short term lease which expired last year. Now we are on an extended contract.
I think the only time you need to keep your apartment squeaky clean is ideally when you're returning it. In most contracts it says the apartment should be returned in the same condition as it was received.
Keep a track of all communication. Discuss in writing about the release of your deposit. Our landlord never showed up for the deposit blocking lol, so she has nothing from us. But I love this house and keep it in a great condition.
Haha, it is unbelievable what bizarre standards landlords can have when they're visiting for such purposes. My landlord wanted to take pics of the house because she wants to sell it. She didn't have problems with cleanliness but when she came she left in 5 minutes. She later texted that she was mad that our curtains were closed and that it was our responsibility to draw them open when we knew she was coming to take pics . hahahhahah
We politely told her that it is not in the contract that we need to keep the curtains open for her highness. Or that the apartment needs to be in any certain way for her arrival. That shut her up.
By the way, our landlord told us that even the new owner can't throw us out before giving a three months notice. I don't know if it applies when he wants to move in himself or not. We have a short term lease which expired last year. Now we are on an extended contract.
I think the only time you need to keep your apartment squeaky clean is ideally when you're returning it. In most contracts it says the apartment should be returned in the same condition as it was received.
Keep a track of all communication. Discuss in writing about the release of your deposit. Our landlord never showed up for the deposit blocking lol, so she has nothing from us. But I love this house and keep it in a great condition.
Remember that you, or the landlord, still have to give 3* full calendar months notice to determine the contract at the end of the three (= two + one) year contract in August. If that notice isn't given (by registered letter or by hand with a signature of reception) or is given late, the lease automatically roles over into a nine year one, the nine years dating from the original start date.
A purchaser of the premises would have to give you six full calendar months notice (once the purchase is complete) and then only in very specific circumstances. Most purchasers would, in practice, be buying as an investment and would actually prefer to have sitting tenants in place as it gives them an income from day one.
* 3 full calendar months is the standard notice period and will apply unless your contract specifically states a shorter period. The lease certainly won't come to an automatic end at the end of three years and, as it has been extended once (and to the full extent of 3 years), a further fixed period extension isn't lawful.
