What rights does a sitting tenant have?

In short, a sitting tenant is someone who is renting a property that the owner (their landlord) has decided to sell. If they have an ongoing agreement or contract with their landlord (the seller), the sitting tenant will retain the right to continue living in the property once the sale has been made.

What is a sitting tenant in the UK?

As more of the UK's tenants rent for the long-term, the number of so-called 'sitting tenants' is on the rise. What is a sitting tenant? A sitting tenant is a renter living in a property that their landlord decides to sell.

What rights do tenants have without a lease UK?

A tenant without a written contract is still entitled to all the statutory rights a regular tenant with a contract is, including water, heating, a safe environment etc. In a similar vein, the tenant is still obligated to pay rent on time and take reasonable care of the property.

What rights do lodgers have UK?

Unlike a tenant or a subtenant, a lodger does not have exclusive rights to the room they pay for, (save more something being expressly agreed). They cannot lock their lodging space before going out as it remains accessible to the landlord in the lodger's absence without prior notice or permission.

What is a sitting tenant in Ontario?

Sitting Tenant means a tenant in lawful occupation after the expiration of the first tenancy term according to the provisions of this Law and includes a tenant renewing an existing tenancy following an expired term of years; Sample 1.

What Rights Do Tenants Have Without a Lease

Can a landlord evict a sitting tenant?

In short yes – sitting tenants do devalue a property. If you have sitting tenants, it can be tempting to evict them before a sale but it's sensible to weigh this up in relation to the value of lost rent. According to data, it takes just over two months for a property to sell.

Can you sell a property with a sitting tenant?

Yes. In fact, selling a house with a sitting tenant may offer several benefits to both you and the new owner. Selling a house with a sitting tenant will mean no costly vacant period around the time of the sale for either you or the new landlord.

What happens if a lodger refuses to leave?

If you don't move out at the end of the notice or agreement, your landlord can evict you peaceably. For example, they could change the locks while you're out. It's a criminal offence for a landlord to use or threaten violence to evict you. Your landlord could choose to apply to the court to ask for a possession order.

What are the rules for lodgers?

Do lodgers and tenants have the same rights?

A lodger has fewer rights than a tenant, in part because they are not protected by the Landlord and Tenant Act 1985.

What happens if there is no tenancy agreement?

If there is no tenancy agreement therefore, then there is no authority for the landlord to make any deductions from the tenancy deposit – no matter how dreadful the condition of the property when the tenant moves out. If he tries to make any deductions, any challenge made by the tenant will succeed at adjudication.

Can you evict a tenant if there is no tenancy agreement?

If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.

Do you have to give 30 days notice without a lease?

In most states, both the landlord and tenant are required to give a 30-day notice to end a month-to-month lease.

How does a sitting tenant affect property value?

As a general guide, selling a property with a sitting tenant under a temporary tenancy agreement, like an assured shorthold or periodic tenancy, could devalue your property by 20 - 25%.

Can a tenant claim ownership?

The tenant in the given situation can NEVER claim ownership. There is nothing to worry. The law is settled : ONCE A TENANT, ALWAYS A TENANT. In no situation, a tenant can claim ownership so long as you are receiving rent.

What happens when a sitting tenant dies?

What usually happens is that the landlord will want to take the property back and re-let it. However, he does not have the right to just do this, unless this is with agreement with the tenant's Personal Representatives.

What is the difference between a lodger and tenant?

If you live in a house, and you rent a room in that same house to another person, that person is a lodger. You have to live in the house with the person the entire time for him to be a lodger. For example, you rent a room in an empty house to somebody. He is considered to be a tenant.

Can a lodger have a lock on their door?

Whereas a tenant owns the space they rent for the period of their lease, a lodger doesn't have exclusive use of any one part of the property. That usually means no locks on doors.

Can lodgers claim housing benefit?

Housing Benefit

You can also claim if you are a lodger, a sub-tenant or if you live in a hostel. Housing Benefit is paid by the Council and is based on the level of rent, your income, savings and personal circumstances. Housing Benefit can be paid directly to your landlord.

Can I evict lodger immediately?

You are obliged only to give your lodger reasonable notice to vacate the property, allowing sufficient time for him to find somewhere else to live. Without a written agreement, setting out the specific notice period you should give him at least 28 days notice of the date you require him to vacate.

How do I ask my lodger to move out?

During the conversation you should serve a formal notice, which should state the date they should leave. The notice/letter should specify that you are giving them 28 days (or however long you are giving them, but 28 days should be the minimum) notice to leave. You should also sign and date it.

Can you evict a lodger immediately UK?

If your lodger is an occupier with basic protection, you must serve them a written 'notice to quit'. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks. If your lodger does not leave, you'll need to get a court order to evict them.

How do I get rid of a tenant in situ?

The only way to evict such a tenant is if they fall into rent arrears or you can provide them with other accommodation – which must be suitable. There are some discretionary areas, such as when a sitting tenant has breached the terms of their tenancy agreement or sub-let the property.

Can I evict my tenant to sell my house?

You cannot be evicted simply because the property is about to be sold. This is neither a reason to be evicted or a reason for the eviction to take an accelerated route. If the landlord wants you to leave the property, they must act within the boundaries of the law.

How much notice does a landlord have to give when selling the property?

If you're on a month-to-month lease, in most states, landlords are required to give a 30-day written notice to tenants to vacate if they decide to sell to a buyer or new landlord. Some areas have different rent laws, though, so it's wise to check.