Can I move out before end of lease if landlord wants to sell?

20
Found 27th Dec 2012
Hi folks,

I signed a 12 month rental lease at the start of December and have since been told the property will be getting put on the market. If I find a new place do I have a legal right to move out before they sell it and before my lease ends? I.e. can I look for a new place now rather than waiting on them to kick me out in 1, 2 ,3 or however many months it takes to sell up?

Many thanks

K.
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20 Comments
Surely it depends on whats contained within the lease you signed.

It may be that if you speak to the landlord he may allow it though.
depends what your lease says, have you spoken to your landlord?
Think you have to honour your contract but... you can move out but would have to pay the rent on it still (I did this when i moved out of somewhere before)

Other option is to speak to landlord and explain that you want to move as soon as you find somewhere else and would they let you out of your contract and whether they will let you go without paying rest of contract.This is easier if it was a private letting and not one through an estate agent.

Good Luck
Approach your local council and seek advice from them. That way you can ask for written confirmation from them and can use that to support any decisions you make.
I don't know about the legalities of it but you would think that under the circumstances the landlord would understand why you want to find somewhere else. My friend was in a rented house which was being sold and it wasn't much fun for her having to re arrange things she had planned because viewings had been made.
I would approach the owner of the house and say that you will be leaving before the contract runs out, if he says no, explain that you can't just wait for the house to sell, and that if you find a new home to live in, you should take it. At the end of the day it works both ways, if he refuses to let you go, you refuse to go when it sells!
Every lease has the ability to be different but as standard

Either party can end the lease early.

A Landlord would normally need to give 2 months notice

A Tenant would need to give 1 months notice.
Your contract is for 12 months, the landlord cannot sell the property until your contract is finished.

He/she can however put the property on the market, but cannot complete while you are a tenant.

I would wait until you know for certain that he/she intends to sell, before making any approach to him/her.
If you like the place just make sure its a tip and stinks when the viewings are booked that way the prospective buyers would be put off plus tell them that the neighbours are a nightmare with late night parties and Gary Glitter used to pop in now and again to their very exclusive club.
Nothing has changed in regards to the fixed term of your agreement.
If you move out, you still owe the rent until the end of the fixed term unless the landlord agrees otherwise.

If a new owner is found, they will become your new landlord, and are required to fulfill the rest of your contract with the same terms.
Edited by: "thesaint" 27th Dec 2012
Inactive

Your contract is for 12 months, the landlord cannot sell the property … Your contract is for 12 months, the landlord cannot sell the property until your contract is finished.He/she can however put the property on the market, but cannot complete while you are a tenant.I would wait until you know for certain that he/she intends to sell, before making any approach to him/her.



I think it is possible. If you just look at a list of auction properties there will be some that suggest a tenant is already in place
Stubbarama

Every lease has the ability to be different but as standardEither party … Every lease has the ability to be different but as standardEither party can end the lease early.A Landlord would normally need to give 2 months noticeA Tenant would need to give 1 months notice.



Inactive

Your contract is for 12 months, the landlord cannot sell the property … Your contract is for 12 months, the landlord cannot sell the property until your contract is finished.He/she can however put the property on the market, but cannot complete while you are a tenant.I would wait until you know for certain that he/she intends to sell, before making any approach to him/her.



Both of these answers are absolutely incorrect.
You should be able to give them a months notice & go...it'll be in the smallprint on your tenancy agreement

A new owner doesn't always mean you have to leave though, if you like the place & want to stay on then it can be sold with a sitting tenant
thesaint

Nothing has changed in regards to the fixed term of your agreement.If you … Nothing has changed in regards to the fixed term of your agreement.If you move out, you still owe the rent until the end of the fixed term unless the landlord agrees otherwise.If a new owner is found, they will become your new landlord, and are required to fulfill the rest of your contract with the same terms.



I had read this on some none UK forums. How sure are you it would apply here? If it is indeed the case I can stay until the lease ends OR try and use it as a bargaining tool for the landlord to allow me to leave the lease early (without penalty) if I find some where else.
It depends what you have signed up to
you need to honour you lease or exit depending on detail of lease otherwise he can keep your deposit. Your best bet would be to negotiate with him. The usual time is two months notice on either side
thesaint

Nothing has changed in regards to the fixed term of your agreement.If … Nothing has changed in regards to the fixed term of your agreement.If you move out, you still owe the rent until the end of the fixed term unless the landlord agrees otherwise.If a new owner is found, they will become your new landlord, and are required to fulfill the rest of your contract with the same terms.




Keer-en

I had read this on some none UK forums. How sure are you it would apply … I had read this on some none UK forums. How sure are you it would apply here? If it is indeed the case I can stay until the lease ends OR try and use it as a bargaining tool for the landlord to allow me to leave the lease early (without penalty) if I find some where else.



It applies here, because that is the law in this country.
The use of a bargaining tool depends on what the landlord wants to achieve. If he wants to sell it with vacant possession, then you hold all the cards.

If he intends to sell it to an investor, then he is in a good position, as the new buyer has income until Dec 2013 as soon as he completes and exchanges on the sale. Perfect.

Stubbarama

Every lease has the ability to be different but as standardEither party … Every lease has the ability to be different but as standardEither party can end the lease early.A Landlord would normally need to give 2 months noticeA Tenant would need to give 1 months notice.

Inactive

Your contract is for 12 months, the landlord cannot sell the property … Your contract is for 12 months, the landlord cannot sell the property until your contract is finished.He/she can however put the property on the market, but cannot complete while you are a tenant.I would wait until you know for certain that he/she intends to sell, before making any approach to him/her.



Having had a number of leases, I am quoting MY EXPERIENCE, not yours. Cheers.
Stubbarama

Having had a number of leases, I am quoting MY EXPERIENCE, not yours. … Having had a number of leases, I am quoting MY EXPERIENCE, not yours. Cheers.


Well obviously if you're a bad tenant the landlord can get rid of you under contract clause
It never fails to amaze me how many times on this site people offer up utter nonsense as fact.

Your landlord can sell the property with you in it without your consent. The new landlord would assume the landlord role in the contract and it would be transferred to them along with the bond held under a deposit service agreement.

If you want out of the contract then you have to either pay up the remainder of the tenancy or negotiate an agreement with your current landlord to leave early either by waiting until they have found a replacement tenant or a sale is completed.

Don't make a mess of the property or be obstructive with viewings. This will come back on you and the landlord will either charge you to fix the place back up (including cleaning) and it will be taken from your bond and the issue will be logged with the lettings agency used and will come back up if you apply for another property through them.

Speak to your landlord, explain your position and agree on a way forward. That is your only option.
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