Tenancy Issues

[callofduty123]

Hello,

I'm currently renting a property from someone, she is selling and has found a buyer who is really keen to keep us on as long term tenants, we are good tenants, take care of the house, no parties etc.

Anyway, the question is, the house sale completes the day after our tenancy expires and the current landlord is asking us to move out, along with all of our stuff and move back in the next day when it becomes the new landlords house. I understand it is legally hers but is there anyway around it? for a start I can't get time off work to actually do the moving, I have nowhere to stuff a house full of stuff for an entire day and it just seems pointless. Any help would be greatly appreciated.

I know in advance most of you are more intelligent than I am, which is precisely why I am asking for help so if you only have negative comments, please direct them elsewhere, I'm not a bad person for asking for help and have been made to feel an idiot more times than I care to remember on this site just for using the site for its actual purpose.

Thanks in advance :)

[albaqwerty]

The only reason I can think of is something to do with Landlord Insurance covering that period (albeit short).

[2sp_]

That seems really odd.

Are you sure that the new owner is keen for you to stay on as their tenant? (I'm not doubting your suitability as a tenant, by the way!)

[bednobs]

i think this is a really dangerous situation for you. If you are out of contract AND out of the house, what is to prevent them changing the locks and you having nowhere to live?

[callofduty123]

Yes the new landlord has already dropped off new tenancy agreements for us to sign starting the day after this one ends. It just seems so ridiculous that I would need to do all of that when I'm staying where I am, I understand legally if they say I have to I have no choice but surely there must be something I can do? This must happen quite a bit?

[IggyB]

This is probably down to the type of mortgage the buyer has the lender will normally insist on vacant possession unless specific buy to let agreement in place.

I would recommend you look for somewhere else to live

[IggyB]

Sorry didn't see you response before I answered, maybe not so bad then. Can't you ask the buyer if you can't just say you moved out but didn't really?

[callofduty123]

I don't wany anywhere else to live, it is only 1 day that we need to vacate, I don't mind going to stay somewhere else for the night but would I really need to move all of my stuff?

[snags]

''the new landlord has already dropped off new tenancy agreements for us to sign starting the day after this one ends.''

So there isn't actually any period of time - even just one day - where you don't have a contract (subject to you signing it) to legally be in the property? You need to ask your existing Landlord exactly what the reason is for wanting you to move out 'for the day'. Once you know that you can go from there...

[callofduty123]

Yeah because I guess technically i could move out at 11.59pm and move back in on 00.01am if they want to awkward lol!

[ladybirder]

As nobody seems able to give you a definitive answer so far, I suggest you speak to Shelter who are the experts in this area. They are very helpful.

http://england.shelter.org.uk/

[tonywiltshire]

The current owners have probably sold with vacant possession on completion and are concerned they will not comply with the terms of the contract if you are occupying a part or all of the property.
This should be easy to resolve explain the position to the new owner and obtain their agreement to remain.

[callofduty123]

thanks everyone, thanks tony that sounds like the best thing to do I think he is quite against us moving out just for our own ease and everything so hopefully it will all be ok thanks :)

[themas]

tony's right. The seller is being ridiculous. The buyer & seller's solicitors should be able to sort this out very easliy.

[boxtops]

Don't move out, surely they are selling the property with you as a sitting tenant?

[chrissa1]

Are both sides solicitors not talking to each other? Ridiculous situation for you COD.

[Graham-W]

I wonder if it's something to do with the Assured Shorthold Tennancy Agreement.
If you have been there for over 6 months, with your original landlord, you and your landlord will probably have the right to just give one months notice to end the tenancy.
If you sign a new agreement with the new landlord, that locks both of you into a minimum 6 months tenancy. The new landlord wants to be sure of 6 months rent from you.
I don't know if I'm right but maybe there needs to be a break between tenancies for the new agreement to be valid.

[Eve]

Seems strange to me. What initially sprang to mind me was the vacant possession thing which begs the question whether the buyers have a buy to let mortgage or have consent to let.

Usually lenders would need to ok a tenancy agreement to protect themselves (or have their lawyers, usually the same one as the buyer) certify it is ok to protect them.

Contracts can be varied with consent of both sides. I wonder if it is mortgage related. Maybe they have an issue with the current tenancy agreement or for some reason they haven't been told (maybe late stage when they have already exchanged and it might cause issues with the lender raised at this point - issues with the lender could, worst case scenario, delay mortgage funds or result in withdrawal of a mortgage offer.

Anything which is a means of covering up a true situation is not a good thing and could lead to future issues.

I'm not saying that is the case, of course.

[joko]

sounds like they have misunderstood something somewhere to think this is normal and a reasonable expectation.

i would just agree to it... then just dont ... what are they going to do about it?

by the time they could act they would no longer own the place so nothing they can do

just ignore the doorbell and calls for that day.

its a ridiculous expectation to expect someone to pack up a house for one day.

its a massive task ...

you could always say if they want you to they must pay for a removals firm to pack up for you and move it all