Buying apartment as a renter

A

andreariaz

New Member
Messages
5
I am renting an apartment with now my ex.
Landlord informed he is selling. I decided to get a mortgage alone and buy it. I am almost there with the paperwork and everything else. Ex still lives here, last two months didn't pay rent, owes me substantial amount of money for other stuff too. Question is: does he have the right to remain in the apartment untill our notice is due (April) or does he loose the right to stay here after the sale goes through (December probably).
 
This is very tricky.

By selling to just one of two joint tenants the landlord is de facto ending your ex’s tenancy. Has the landlord issued a termination of tenancy notice to one or both of you?

If not then you are basically becoming your ex’s landlord. You would find it difficult to terminate the tenancy. A lender may be reluctant to lend with a tenancy in place.

The best arrangement for you is that the landlord terminates the tenancy formally and on date of sale your ex becomes your licensee, essentially a paying guest who stays at your pleasure.

You need good legal advice for all of this.
 
Last edited:
Plus 1 to above - what's the relationship like.Are they decent types or will there be trouble, it's hard living with an ex let alone one for whom you pay the rent.
Have you discussed the mechanics with them and are they amenable to moving out?
Imagine they are looking for a payday here unfortunately.
 
Dr Strangelove said:
This is very tricky.

By selling to just one of two joint tenants the landlord is de facto ending your ex’s tenancy. Has the landlord issued a termination of tenancy notice to one or both of you?

If not then you are basically becoming your ex’s landlord. You would find it difficult to terminate the tenancy. A lender may be reluctant to lend with a tenancy in place.

The best arrangement for you is that the landlord terminates the tenancy formally and on date of sale your ex becomes your licensee, essentially a paying guest who stays at your pleasure.

You need good legal advice for all of this.
Click to expand...
The landlord issued one termination notice with both our names on it. We have been here for 4 years so the notice is dated for April (6 months from the date we received it). I am closing on my mortgage as we speak. That shouldn't be a problem. Our relationship has been very difficult, on the verge of being abusive, do you think that me as a new owner will have to let him stay here untill April if we want to?
 
To be honest, it sounds a mess that will get messier.
Perhaps look at buying another property and forego a lot of heartache & legal costs.
Has he indicated what he's going to do?
Can you move in with a friend or parents in interim as on a human level this is a very unhealthy situation for you.
 
andreariaz said:
Our relationship has been very difficult, on the verge of being abusive, do you think that me as a new owner will have to let him stay here untill April if we want to?
Click to expand...
By law your ex is entitled to stay until the expiration of the notice period. Landlords are permitted sell during tenancies, with the new landlord inheriting the existing lease and terms. That would suggest your landlord is free to sell during the notice period, but the sale cannot over-ride the notice period.

As @Premos suggested, I would strongly advise you speak to your solicitor before closing that sale though. You want to make absolutely certain the move will not impact on the termination of the tenancy.

Assuming all does go to plan, how confident are you you will be able to convince your ex to leave?
 
andreariaz said:
Our relationship has been very difficult, on the verge of being abusive, do you think that me as a new owner will have to let him stay here untill April if we want to?
Click to expand...
As advised above if you buy out the landlord you legally become his landlord. Legally he can stay as your tenant until April but if the relationship is so difficult the legal specifics may not be the biggest issue here.

But do talk to your solicitor about this urgently.
 
You must log in or register to reply here.
Back
Top