We are receiving more calls from tenants being asked to move out of their private tenancy because their landlord wants to sell the property. It’s important that tenants know:
- their rights if their landlord decides to sell their home
- how to get advice and help if they need to move
Tenants have a right to written notice to quit
Some of the tenants we have spoken with think that getting the right notice from their landlord does not apply if they are selling the property. This is not true.
The amount of notice a tenant must get depends on how long they lived in the property. Tenants get:
- four weeks if they rented their home for less than a year
- eight weeks if they rented their home for 1 to 10 years
- 12 weeks if they rented their home for 10 years or more
The correct notice to quit must be given to the tenant in writing, regardless of the landlord’s reasons for eviction. If the tenant stays in the property after the notice expires, the landlord must apply to a court for a possession order.
Tenants should be aware that bailiffs do not operate in Northern Ireland. A private company can never forcibly remove a person from a home they have been renting. Instead, an order for possession must be enforced by court officers.
Can a property be sold with a sitting tenant?
A property can be sold with a sitting tenant. If this happens, the new owner becomes the landlord and must comply with their legal obligations, such as registering as a landlord.
The new owner will have to honour any terms set out in the tenant's tenancy agreement with the former owner until the contract expires.
Once this contract ends, or if the contract has already expired, the new owner can:
- allow the tenant to stay on a rolling contract
- give the tenant a new tenancy agreement or
- begin eviction proceedings against the tenant.
Can the landlord evict a tenant because the property is for sale?
Some buyers will not want to complete the sale until the tenancy has ended and the tenant has moved out. They may pressure the landlord to evict any sitting tenant.
Landlords do not need a reason to evict a tenant whose contract has expired but must still have proper notice and follow the proper legal procedures.
If the tenant has a contract, they must be allowed to stay unless:
- the landlord gets a possession order because the tenant breached the tenancy agreement
- the tenancy agreement has a clause that allows the contract to be broken early, and it is a fair contract term
Fairness of contract terms
Any contract, including a tenancy agreement, set up from October 2015 must comply with The Consumer Rights Act. One of the provisions of this act is that a contract term can only be enforced if it is fair, prominent and transparent.
A term will be unfair if it creates an imbalance that detriments the consumer. For example, a term allowing the landlord to end the contract early because they want to sell the property may not be fair.
Get advice on your rights and options
Tenants should get advice as quickly as possible if their landlord has plans to sell the home.
For advice on your rights, contact us. We’ll tell you what your rights are and whether you need to prepare to move out.
Landlords who are unsure about the procedures they must follow if they wish to sell a tenanted property should contact Landlord Advice.
