# Landlord selling flat - kicking us out!



## Northerner (Mar 27, 2009)

Hi All

We have recently moved into a new flat (two months) and our landlord has told us he has money issues and has sold the flat. 

We've been told that he has to buy us out of the contract, is this ture?

Where do we stand on this as we will end up losing money on agency fees, Du, DEWA....etc.

Any advice appreciated

Cheers


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## Tropicana (Apr 29, 2010)

By law, a landlord cannot kick you out unless he gives you a notice period as stated in your contract. Generally its a 60 day notice period.


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## Nightshadow (Sep 21, 2010)

Northerner said:


> Hi All
> 
> We have recently moved into a new flat (two months) and our landlord has told us he has money issues and has sold the flat.
> 
> ...


Holy crap man, private message a user on here called "Elphaba" she can probably steer you in the proper direction. So sorry to hear about your situation man!


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## Elphaba (Jan 24, 2008)

Northerner said:


> Hi All
> 
> We have recently moved into a new flat (two months) and our landlord has told us he has money issues and has sold the flat.
> 
> ...


He cannot do that legally. If your contract has a break clause he can use that - with the appropriate notice - but he cannot make you move out. If properties are sold with tenants then the new owner must honour the rental agreement.

If you cannot get an agreement with the LL, you can take your complaint to the Rental Committee (wth your registered contract) and they will clarify the law and enforce it.
-


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## Northerner (Mar 27, 2009)

Elphaba said:


> He cannot do that legally. If your contract has a break clause he can use that - with the appropriate notice - but he cannot make you move out. If properties are sold with tenants then the new owner must honour the rental agreement.
> 
> If you cannot get an agreement with the LL, you can take your complaint to the Rental Committee (wth your registered contract) and they will clarify the law and enforce it.
> -


Thanks for the info Elphada. If the LL does have a clause in the contract where he can give us notice - I need to read it and check, than I guess he won't have to pay us anything?

Im also worried I won't get my rent back - I paid in one cheque - because he may have no money. 

The annoying thing is he must have known he was selling because within a week of me movig in he had people coming round viewing. I would have stayed well clear!


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## shoeb (Oct 18, 2010)

don't you guys written contract if not then their is not chance to stay better you start find new place...


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## pamela0810 (Apr 5, 2010)

Northerner said:


> Thanks for the info Elphada. If the LL does have a clause in the contract where he can give us notice - I need to read it and check, than I guess he won't have to pay us anything?
> 
> Im also worried I won't get my rent back - I paid in one cheque - because he may have no money.
> 
> The annoying thing is he must have known he was selling because within a week of me movig in he had people coming round viewing. I would have stayed well clear!


I know it could be a hassle but I would stay put if you have paid a year's rent in advance. Do not move until you get your money back, even if he has given you proper notice. Why don't you pay a visit to the Rental Committee with the contract and seek their advice in any case? They are extremely helpful.


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## Elphaba (Jan 24, 2008)

Northerner said:


> Thanks for the info Elphada. If the LL does have a clause in the contract where he can give us notice - I need to read it and check, than I guess he won't have to pay us anything?
> 
> Im also worried I won't get my rent back - I paid in one cheque - because he may have no money.
> 
> The annoying thing is he must have known he was selling because within a week of me movig in he had people coming round viewing. I would have stayed well clear!


It all depends on the wording of the contract. If you are asked to leave early then you will be due a refund. If he is being difficult, then do not hand back the keys until you have had a cheque from him.

As I said earlier, once you have confirmed the terms of the contract, contact the Rent Committee. You should find them pretty helpful.

Do let me know how you get on.
-


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## Northerner (Mar 27, 2009)

Elphaba said:


> It all depends on the wording of the contract. If you are asked to leave early then you will be due a refund. If he is being difficult, then do not hand back the keys until you have had a cheque from him.
> 
> As I said earlier, once you have confirmed the terms of the contract, contact the Rent Committee. You should find them pretty helpful.
> 
> ...


Thanks all - I'll post on what happens - or if I need a room!!


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## Nightshadow (Sep 21, 2010)

Best of luck man! If you need some muscle to come and intimidate this jerk of a landlord, let me know... Im a pretty big guy and strongly dislike shady / dishonest people!


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## wandabug (Apr 22, 2010)

If a Landlord sells, the Tenant has the same rights with the new Landlord and cannot be evicted. He can ask you to leave for the purpose of selling if he gives you 12 months notice of his intention to sell. The Landlord (old or new) can also ask to leave if he wants to move his direct family into the property but only at the end of your Tenancy Period not before.
When he sold the apartment he should have refunded the remainder of the rent paid to the new Landlord plus the deposit.
Look at the RERA website for details for who to complain to.


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## Bigjimbo (Oct 28, 2010)

Legally standing Elpha is correct, the new LL must honour the terms of the original rental agreement. Further the new LL must also give 1 yrs notice for you to move. This is all outlined in Law 26, however there is generally some middle ground to be found and you could well end up being better off then when you started. PM me if you need any assistance.

PS You may find the rental committee less understanding if the contract hasn't been registered with Ejari, but as this is down to the LL it is unlikely to be done.


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## Bigjimbo (Oct 28, 2010)

wandabug said:


> If a Landlord sells, the Tenant has the same rights with the new Landlord and cannot be evicted. He can ask you to leave for the purpose of selling if he gives you 12 months notice of his intention to sell. The Landlord (old or new) can also ask to leave if he wants to move his direct family into the property but only at the end of your Tenancy Period not before.
> When he sold the apartment he should have refunded the remainder of the rent paid to the new Landlord plus the deposit.
> Look at the RERA website for details for who to complain to.


A lot more eloquently put!


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## Northerner (Mar 27, 2009)

Bigjimbo said:


> A lot more eloquently put!


Cheers guys. I've told the LL we dont want to move and have'nt heard from him since. I guess i'll just wait and see what happens.


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## shoeb (Oct 18, 2010)

you should be care full to because if he come with force then you will have to vacant in meanwhile keep on searching best of luck


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