Question:

Is it a breach of contract, for a landlord to put a house up for sale after just 3 months of the agreed let?

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Just got settled into new house and the landlord now decides to sell the house, after only 3 months!

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  1. pinhead is just that.  he is WRONG.

    The lease runs with the property, not the owner.  So if he sells it today, you still have 9 months that you can live there.


  2. It is only a breach of contract if he has agreed with you that, in respect of a consideration, he will not put the house on the market within three months of having entered into a tenancy agreement with you.

    In any case he can still serve you with a section 21 notice two months before the end of the assured term of the tenancy, and if the property is sold in the meantime then the sale will be subject to your tenancy.

    In any case I would suggest that debating breach of contract is irrelevant when you cannot prove a loss given that the landlord's rights under the housing act remain.  

  3. He can sell the house, (which I believe he has to inform you he is doing in writing), but has to adhere to the terms of the agreed let for however long that is. He hasn't given you formal notice to leave yet and that's assuming the prospective buyer has things like money in place and a buyer for their current property (if aplicable).

    If viewers want to view it, he has to give you notice of that and you can object if the house will be empty because you are away.

    If he sells the house, he could offer you compensation to move before the end of your letting period.

    It might be worth contacting your local Citizen Advice Bureau for advice or a fixed fee consultation (used to be £5) at a willing solicitor if things get heavy.

    In the event he does sell, watch for 'problems' occuring: fictitious breaches of the letting agreement, 'damage' claims, all for a reason to terminate your tenancy without giving you due notice or paying you some compensation or frequent 'visits' (i.e. harrassment)..

  4. He has the right to sell his house but must adhere to the terms of the agreement, probably having to give you reasonable notice for viewings etc.

    In the UK you have a legal entitlement to 6 months once you have taken on a tenancy so whatever happens you cannot be asked to leave prior to the 6 month expiry.

  5. No it isnt, he can sell it whenever he likes but has to give you notice to quit if the new owner doesnt want a tenant

  6. If he sells the house, the lease is normally still in force after the sale.

    Check your state laws, but most of them don't terminate a lease on sale, UNLESS the lease specifies it will end on sale of the property.

    1- He should give your deposits to the new landlord ... when you move out, the new landlordis responsible for returning them.

    2- As of closing, you will pay rent to the new landlord.  

  7. No, unless he tries to evict you during the contract period.

    For example, if it is an Assured Shorthold Tenancy, then the agreement will be for six months rent, where both parties must agree to the termination of the agreement in order to end it within this period. If he doesn't renew the agreement after this period, and subsequently sells the property, then he can ask you to leave, provided he gives sufficient notice (one month I believe).

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