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Storage, Tenant Rights, Landlords Selling A Property & Moving Fast?

20 March 2024 Sometimes, landlords have different plans than renters and people have to find storage and move fast. Finding a rental property that feels like home and doesn’t break the bank is no easy task. Once you settle in, it’s likely that you’ll want to get comfortable and stay there as long as you need, but… If the property owner or manager decides to sell your accommodation, landlords tend to speed up the process and make the sale on short notice, which turns storage and moving into a nightmare. 

But What About Tenants? 

At WhatStorage, we know that it’s not always possible to move home in a timely manner and that’s why our storage services in various locations such as London, Manchester, Bristol, Liverpool, and Birmingham are meant to help!  Which self-storage option is better fit for you, a removals service or man and van, depends on your particular situation. If you’re one of the thousands of tenants who’ve faced eviction and didn’t have the funds to fight back, then you’ll likely be familiar with this frustrating, yet common practice. 

What can tenants do about it? Get informed! 

Tenant rights can be complex and intimidating. While we recommend you seek professional legal assistance before filing an eviction, you might be able to fight back against a landlord or property manager by exercising your rights as a renter. 

But where to even start? 

Nowadays, tenants have more options than ever before! Find out how to protect yourself from unfair circumstances and learn how to turn the tables for your benefit.

Tenants’ Rights You Must Know

A ratified tenancy agreement is a full-fledged legal document which protects tenant rights even if ownership changes. Your tenancy mustn’t be concluded before, during, or after a sale occurs. 

Tenants Have The Right To Remain At The Property

This right is unaltered and gives you the option to refuse to leave the property even if your landlord decides to sell it. If the owner pressures you to move out of the accommodation, actions like this may be deemed as harassment, which is classified as a criminal offence. So, is it in your rights to stay in the house/apartment until the end of the lease? Yes! If there is a new landlord, he has to abide by the law, accept those terms, and let you rent till the end of your agreement.  Upon a valid assured short hold tenancy (AST), the only action your landlord can take is to present you a Section 8 or a Section 21 notice, and then get an order for repossession. But worry not, this process typically lasts a few months. During the period you can remain on the property while searching for a new place.

The Right To Refuse Access To Potential Buyers/Renters

The lease grants you the right to live unconcerned in the rental property. According to house buying experts HouseBuyers4u, this means it is within your rights to refuse prospective buyers or real estate agents who knock at your door and want to take a “quick look”.  However, the landlord also has rights, so if he schedules an open house and notifies you one day prior, you must be considerate and follow the rules.

You Have The Right To Live In An Unassailable Property

If anything related to your property needs repairs, you should get in touch and make sure the landlord knows. He should take action and arrange the repairs as soon as possible. Even if the sale process has already begun, the owner is entitled to upkeep a safe property and condition. These rights and responsibilities are clarified in the Landlord and Tenant Act of 1985. So if the owner declines to do repairs, they can be held accountable in court.

You Are Not Bound To Sign A New Tenancy Agreement

Typically, when a property changes ownership, the tenants get a new contract signed by the new owner. However, this is often tricky! One too many times, the new landlord might go around some of the rights covered by the old agreement.  There are different scenarios depending on the type of tenancy:

• Assured shorthold tenancy (AST) – if no other choice, sign the new agreement as the landlord is within their rights to give you a Section 21 notice upon refusal to do so.
• Protected tenancy – the owner could not evict you and you can remain in the property as long as you wish or until the initial lease comes to end (given that you pay your rent regularly).

If you’re still on board to sign a new tenancy agreement, we strongly recommend you consult a lawyer beforehand. According to tenancy cleaning experts at Fantastic Cleaners, signing lightly could lead to missing transfer of responsibilities, such as details on maintenance costs, cleaning expenses, and some types of insurance. You can learn more of how we handle storage insurance within our guide.

The Terms Of The Lease Will Not Change After The Sale

When a person takes ownership of a rental occupied by tenants, the person inherits the rights and obligations of the previous landlord. The up-to-date owner doesn’t have further rights or obligations, and can’t suddenly raise your rent either. The person should act under the legal procedures. 

Landlords Have Rights, Too!

While it is likely for you to prioritise your rights, remember that landlords have rights, too. They own the property and may sell it whenever they see fit. It is unethical for you to impede the sale or intentionally try to make it more difficult for them.  You must honour your lease and continue‌ to pay rent. Also, it bodes well to cooperate with the landlord’s requests and try to avoid an unnecessary dispute.

Reasons Why A Landlord Aims To Sell a Property?

Property owners may want to sell for various reasons. For example: 

• They don’t want or need the income anymore and wish to retire from managing a property;
• They want to make a profit by selling on a high market;
• The property is being foreclosed on. Typically, it is because the owner can’t keep up with mortgage payments (or property tax, for example). In situations like these, the mortgage lender has the option to sell the property and pay off the debt. Which means they may evict you (with proper notice, of course) if your lease was created after the mortgage was signed.

In most cases, people who invest in occupied rentals, intend to keep on renting it out.  However, it is common for a landlord to need to move back into the house/apartment. This is possible through a Section 21 notice to quit, but if notice was served beforehand, tenants may be evicted under a Section 8 notice instead.  Sounds scary, right? Read on, get familiar with tenants’ rights and learn how to exercise properly. 

Can Landlords Evict Tenants Because They Want To Sell The Property? 

Some purchasers don’t want to finalise a sale until valid tenancy agreements end and would put pressure on owners to evict renters. Landlords do not need a reason to oust a tenant whose lease has expired but must provide 12 weeks’ notice. If the renter has an active contract, they must be allowed to remain in the accommodation, unless

• The owner successfully gets a possession order because of the tenants’ repeated breaches of the lease; 

• The lease allows an early termination of a tenancy and the term setting this out concedes with fairness rules. 

Turn To Institutions For Support

All the above sounds overwhelming?  It is best to seek professional legal advice if you can afford it. Also, if you’re in a managed property, speak to your estate agent about your concerns. Alternatively, seek help from Citizens Advice. This institution provides straightforward information and support on a variety of tenant-landlord issues, such as employment rights, family matters, and housing problems.  Another option is to apply to the tribunal if you’re having a housing dispute. Tribunals are independent of the government, and will listen to both sides of an argument before deciding. 

Remarks

Tenancy issues can be stressful, but remember, information is power. Knowing your rights is essential for your well-being, as they protect you and give you time to plan accordingly. We hope this article gives you a fighting chance in a complex situation and leads you to victory, so to speak!