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Eviction after landlord sold house

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528 views 1 replies latest reply: 12 August 2015
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Tenant

My landlord has recently sold our house and after he sold it to a family member he issued us with 4 weeks notice.

After making him aware this was incorrect he then issued a section 21. 

We have continued to pay our rent each month but can not find a suitable property and the 2 months notice is up tomorrow and he informed me he will apply for possession using the accelerated process. 

Many questions are as follows 

As he sold the house and then issued notice will this stand in court as I would have thought the purchaser would have to issue the section 21 as technically they are now the landlord?

should the rent be paid to the purchaser as I have been paying my landlord?

As the purchaser can’t move in I have been informed they are taking me to court to recover costs for accommodation etc.  

Thanks 

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Administrator

Hi Andrew

The landlord will need to apply for a possession order to actually remove you from the property and it can take up to six weeks to get a court date. You’ll be given a form to state your side of the story in which you can mention the incorrect notice. If the landlord gets the possession order you’ll have between 2 and 6 weeks to move out so it can be quite a lengthy process even after the section 21 notice expires.

I’m not a lawyer but I would have thought that any control the landlord has over the property ends as soon as he/she no longer owns it. So, no, there would be no authority to issue a section 21 without ownership? Presumbly the buyer knew there were tenants in the property (if they didn’t that’s their fault for not doing their research) so they should have been getting guarantees from the landlord that you would be out by the time they need to move in. I’d speak to a lawyer at a law centre or Citizens Advice but it does sound like you might have a case of an incorrect section 21, in which case you haven’t yet been given notice so any eviction would be illegal.

I don’t know on what basis they would come after you – more likely that they would make a claim against the old landlord. Ask on what basis they are taking you to court (e.g. a breach of contract) to get some clarity. 

Alex

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