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Standard conditions of sale

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85 views 2 replies latest reply: 28 July 2016

My fixed term tenancy expires In December but our landlady is selling the property. We are moving out in August and the landlady has told us she will release us from the tenancy once contracts have been exchanged on the sale of the house. We have been asked to sign a Standard Condition of Sale and I am trying to understand what statement 7 means. I can’t attach the image right now but will attach a link later. It is a document you can google from the law society.  I am of the understanding that we need to be out of the property on or before completion of the sale and that we surrender rights to the property on moving out. Does that also mean we will be able to stop paying rent?  Any advice is appreciated.


Hi Sarah,

In 15 years in property I have never come across this handling of a tenanted property.

A Landlord cannt force you to vacate just because they are selling. Quite the opposite- you are entitled to stay the full term of your contract regardless of whether or not the property is sold.

The seller is also being very cheeky- keeping you as tenants for income but then expecting you to forego your basiv tenant rights upon exchange. This is very underhand and I advise strongly against signing anything.

Whilst I would never advocate making a Landlords life difficult, as someone who almost exclusively sells Tenanted property, whilst a tricky juggling act the solicitors handling the sale can ewither agree on an exchange of contracts with completion upon vacanyt possession with an allocated timeframe to protect all parties from breach of contract OR they can wait until you vacate and then e3xchange and complete simutaneously.

Your Landlord is being cheeky by making you stay until they exchange but then wants to effectively evict you (somewhat illegally) and potentially make you liable for a breach of contract if you dont.

I do recommend working with your Landlord to find a fair solution, but their problems are not yours so dont get pressured by them wanting something you dont. Find a fair route forward for all parties and (apart from a Section 21 notice) dont sign anything from the vendor or the solicitors and ceryainly never forfeit your tenant rights.

Hope that helps.


We wanted to leave the property before the end of the fixed term tenancy ended in December. The landlady decided to sell and agreed she would release is up one teaching the exchange point of the sale. 

The standard sale document stated that we relinquish rights to the property on exchange of contracts so does that mean we don’t pay rent after they exchange contracts too?

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