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Renters: What are your rights if your landlord wants to sell up?

Christina Hoghton
Written By:
Christina Hoghton
Posted:
Updated:
09/06/2023

Know your rights if your landlord wants to evict you

Reports this week that a growing number of landlords are looking to sell their properties will have worried many tenants.

The government’s Renter’s Reform Bill aims to protect tenants in the future by banning so-called ‘no-fault’ evictions, but it’s too late for those tenants being served notice now and in the coming weeks.

So what are your rights?

The experts at NerdWallet have pulled together a list of tenant’s rights so you know where you stand if your landlord gives you notice to leave.

Know your rights

1. You have the right to see out the original lease if your landlord is selling. Your tenancy carries on despite the ownership of the property changing and the new owner must allow you to continue living in the property until your fixed term ends.

2. If you’re tenancy is coming to an end and you find yourself on the wrong end of a no-fault eviction, it’s important to check if it is valid. Landlords must give you a section 21 notice via a 6A form. This a legal document which states that the landlord is seeking possession of a property let on an assured shorthold tenancy. It cannot be issued during the first four months of your original tenancy, and critically, you must also be given at least two months’ notice to vacate.

3. Deposits cannot be more than five weeks’ rent, and this must have been placed in a scheme to ensure it’s protected at the time – usually within 30 days of your most recent contract start date.

4. Landlords must also not have charged any prohibited fees when you took out your tenancy. These include fees for things such as gathering references and administration fees.

5. All renters should also receive valid copies of the government’s how to rent guide, an EPC certificate and a gas safety certificate, and without any of the above, the notice does not stand.

6. If you live in a house of multiple occupancy, common in large cities, your landlord is held to even stricter rules, and must either have a licence from the council, or hold a temporary exemption certificate.

7. A no-fault eviction notice is invalid if it is dated within six months following a complaint to your council about repairs, they gave your landlord either an emergency works notice or an improvement notice. The section 21 notice may also be invalid if you got it after writing to your landlord about repairs or bad conditions and the council then gives your landlord an improvement or emergency works notice.

8. If section 21 is invalid, due to any of the above reasons, you have the right to stay. As such, your tenancy will continue until you either voluntarily leave or you are evicted through legal means.

Adam French, personal finance expert at NerdWallet UK, said: “If the notice is valid, and you need help, there are plenty of places you can turn to. The Citizen’s Advice Bureau, Shelter and Generation Rent are great resources, while your local council could also help you find a new property.”