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Landlord renting out shared ownership property - now wants to sell

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125 views 1 replies latest reply: 21 June 2016


We have recently discovered that our LL is actually renting out thier shared ownership property.  We have an AST with the LL on a periodic tenancy.  The LL wants us to leave, but has not sent a Section 21. They do not live in the property, they have lived abroad for over 5 years now, and had rented the place out to tenants before us.

We don’t know if the LL has permission to rent out their property from the Housing Association, unlikely as it’s usually granted short-term.

They have instructed the Housing Association to sell, and a valuation has been done. We are concerned as soon as the flat is ‘sold’ from our LL to the HA or new shared owner, we will be kicked out any day.  

Do we have the right to have a Section 21?  

Or when the LL sells, does their right to let out the place end and our tenancy with it?

Or if they did not have permission to rent out the property where does that leave us?

Any replies/advice gratefully received.


Hi Rockford,

As Tenants you are somewhat protected. Any Tenant rights are transferred with the sale- although the new owners should issue new tenancy paperwork upon completion of the sale.

Should they wish to evict you post purchase, they will have to issue a Section 21- however there are adjoining terms to this (i.e. you cannot serve a S21 notice if there is not a valid gas safety certificate in place- if the property has gas of course). It is worth knowing the laws around this so you can contest a =n S21 if served incorrectly.

When a S21 notice is served you should vacate in line with the end date of your contract but your are not legally required to. As a Tenant, you are entitled to stay in situ until legally evicted by a court appointed bailiff. Of course, if you do choose this roue (as is your human right) it will be almost impossible to rent any other private rental property as this will be on your record and you will be considered a substantia, risk.

I would advise contacting the HA and starting up a friendly and polite conversation to better understand their intentions & plans.

Hope that helps.

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