Change Of Landlords Same Contract?

[poppet2 13]

If a landlord let's a property to a tenant on an AST for a period of two years, then six months later the landlord sells the property with the tenant in situ, is the tenant still secure for the duration of that tenancy, under the new landlord? Must the new landlord also honour the same rent for the duration of that tenancy? 

[Jeffrey Shaw 90]

Yes, T has same rights under L2 as under L1. This is exactly what 'a sitting tenant' means.

So the existing letting continues unchanged.

 

L2 should formally notify T by serving on T:

a. L1's Letter of Authority (confirming that L1 has no further interest in the property); and

b. statutory Notices under s.3 of the Landlord and Tenant 1985 and s.48 of the Landlord and Tenant 1987.

 

L2 nevertheless needs to re-protect T's deposit.

[poppet2 13]

Thank you for being so precise, Jeffrey. 

[poppet2 13]

On 28/04/2021 at 17:13, Jeffrey Shaw said:

Yes, T has same rights under L2 as under L1. This is exactly what 'a sitting tenant' means.

So the existing letting continues unchanged.

 

L2 should formally notify T by serving on T:

a. L1's Letter of Authority (confirming that L1 has no further interest in the property); and

b. statutory Notices under s.3 of the Landlord and Tenant 1985 and s.48 of the Landlord and Tenant 1987.

 

L2 nevertheless needs to re-protect T's deposit.

But, would it make any difference if the landlord decided to live in the property himself? Could he just issue the tenant with a section 8, requiring the tenant to leave, despite T being a sitting tenant? 

[Jeffrey Shaw 90]

It depends. Unless L1 reserved a right to co-reside with T, there's no such power.

Yes, L2 could serve a s.8 Notice- but, unless there's any mandatory grounds [see Schedule 2 to the Housing Act 1988], the Court is not compelled to order possession.

Edited July 1, 2021 by Jeffrey Shaw