Wednesday, 23 April 2014

Mr I J SKERRITT Tenant rep melton Borough COUNCIL

Posted in: Need to Know | Ask the Experts

27/09/2010 6:44 pm

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29/09/2010 11:14 am

Im slightly confused as to how they received improvements under DH - do you mean the externals of the building in general and communal hallways?
in any event, this is totally irrelevant.

Again, there is no "right" to be informed that the landlord wishes to sell thier asset, they do however have a right to receive a written notice to vacate. If as you state, they are sitting tenants they cannot be forced to move and any sale of the property would likly include the tenant in situ - this is common and investors will often "take a punt" on this as the sale price is often lower due to the tenant in situ and the potential reversionary reward should the tenant elect to vacate, or pass away.

as for the landlord having 20-30 properties, this is again irrelevant. they can dispose of them as they wish at any time they wish, if all are sitting (protected) tenancies then all tenants have nothing to worry about.

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29/09/2010 10:51 am

Thank you for your speedy and I apologise for not making that clear,yes they are sitting tenants have been for 12 years and to update you they were given a VERBAL notice to quit yesterday 28.09.2010 they phoned me and I told them to get it in writing,I have since found out that the landlord owns app 20-30 properties and intends to dispose of them all the same way,these were all upgraded under the decent homes project we are talking about mansfield

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Sidney Webb

Sidney Webb

Location: South East England
Posts: 224

28/09/2010 5:21 pm

You do not say if the property is being marketed as with a sitting tenant or not. This makes a difference for obvious reasons.

Could you also confirm how this private home had decent homes money spent on it - is it a leasehold property? This too could effect the rights of the tenant, and also the conduct of the sale.

Your council should have a homelessness advisor who will be able to be involved even at this stage, as a means of homelessness prevention. They should be able to gain the clear facts of the matter and then advise the tenant of the options and legal rights. They need to not lose any time in gaining formal advice that is properly informed.

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Posts: 649

28/09/2010 12:08 pm

I agree with Anony.  I suggest you speak to Shelter these are the expert's and understand its a freephone number but you may have to wait a length of time for a answer

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28/09/2010 12:00 pm

If she is a private tenant with an AST contract she has no rights to be informed that the property is being speculatively marketed.

it is also irrelevant if the property has had works carried out under DH

you say "under repossetion threat" which implies the free / leaseholder has defaulted on mortgage payments, however i find it hard to believe that a lender would have gained posession and now be marketing the property without the tenant in situ knowing, in fact it is not legally possible as they would have served her with a NTQ.

By all accounts it simply sounds like the owner is testing the market at this stage, if they were to receive an offer, in all liklyhood the tenant would then be served notice, unless the incoming purchaser is also an investor who would be happy to retain her as tenant.

But to answer your question. it depends on the contract. AST = no rights.

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