Renting a property in receivership

Sunny Dayz

I have looked on Threshold and Citizen's Information but to no avail so I thought I would try your goodselves!

We have been renting a house for nearly 2 years. Signed a 1 year lease in 2011, when that was near up in 2012 the Agent asked if we wanted to stay on, we said we would stay another year (but didn't sign a new lease).
Anyway, about a month ago the property was taken over by a Receiver. Our second year in the the property is nearly up and I am wondering:

a) A fixed term lease nearly up so do we have to vacate on it's expiry next month?
b) Because we didn't physically sign a new lease, our last year has actually been under Part4 rather than fixed term so we are better protected?

What's worrying us is that there are very few properties available for buying or letting in the town now as compared with last year. So if we are to move out soon - we will have to move to another town 15/20 mins away from work/ schools etc.

I am planning to ring the Receiver at the end of the week as we are due to pay them the rent - but I want to have an idea where we stand before I bring it up with them.

Thanks in advance

xper

Sunny Dayz wrote: »

a) A fixed term lease nearly up so do we have to vacate on it's expiry next month?
b) Because we didn't physically sign a new lease, our last year has actually been under Part4 rather than fixed term so we are better protected?

What fixed term lease do you think you are referring to in 'a)' if you didn't sign anything other than the lease that expired last year?

You have a Part 4 tenancy. Under this tenancy, you can be given notice to leave if the landlord elects to sell the property. Of course a receiver may be interested in selling the property as a going concern with a sitting tenant. But if they do sell the property, a new owner could also invoke the right under a Part 4 to give you notice if they require the property for their own use.

So you're not in a great situation.

When you make contact with the receiver, don't presume that everything they say is true or that they will necessarily acknowledge your rights, such as they are. They might be very professional or they might be shysters. Depending on the extent of the landlord's business, your property might be a bit down the list of priorities so you might get a while out of this if they are happy enough with a rental income coming in.

odds_on

A fixed term lease does not have to be written (but it helps as proof); it can be verbal.

If a fixed term can be proved, it expires anyway in a month's time and at best, you could then have a Part 4 tenancy which would allow the landlord to evict you as he intends to sell the property. Thus, OP, I think it is probably wise to assume that you will have to vacate the property sooner or later, so, if i were you, I would start making plans immediately.

A fixed term lease, in general, offers a tenant much better protection of security of tenure in a property than a Part 4 does. Part 4 only gives the tenant the "basic" rights, and a landlord can evict a tenant under certain grounds, one of which if he intends to sell the property. However, the notice period gets longer, depending on the length od time you have been residing there.

Sunny Dayz

Thanks for your replies.

Got an email towards the end of the week to say that an estate agent has been appointed to the house. We rang her ourselves and have arranged to meet her to see what they are looking for the house as we might be interested if the price is right...