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Landlord selling a house rented out to me!

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Breezy_KT
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Landlord selling a house rented out to me!

Postby Breezy_KT » Sun, 09 Feb 2014 12:39 am

Hello everyone,

I've a rented a room and this landlord is in the selling process of this property and obviously will have to break the contract he made with me.

I've tried to move out earlier than the whole process gets settled like when I find the right place to move in.

and when I talked about this to the landlord's agent and he said legally I can't move out as I wish because I'm tied up with the contract - when it's them who cannot guarantee my tenancy period.

Is this true?
I can't get the law, since it's them who are going to terminate the contract and not to compensate me for any (according to my contract).

I thought it would be my right to decide when to move out when the breaking party is the owner.


If you happen to encounter a case like mine, please let me know and advise!!! I feel like to go legal!!!

Thank you so much for your time!!!

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Wd40
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Postby Wd40 » Sun, 09 Feb 2014 1:11 am

When the landlord's agent brings people to view the place, Stick a big hoarding in your room that you are the tenant at the room. Lets see who is going to buy the place :lol:

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Postby beppi » Sun, 09 Feb 2014 1:12 am

So your rental contract says you cannot terminate the rental before the full period is up, but the landlord can do so with no penalties? Well, then you cannot terminate the rental before the full period is up, but the landlord can do so with no penalties.
Why the hell did you agree to such terms?!?

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Postby nakatago » Sun, 09 Feb 2014 6:54 am

HDB or condo/landed property?

If HDB (the apartment), you can't expect help from the HDB (the government body) as they'll side with the landlord. If condo/real house, you may still have some hope.

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x9200
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Postby x9200 » Sun, 09 Feb 2014 8:19 am

What does the tenancy agreement say about a selling?
Does it allow the landlord to terminate the lease when the unit is sold?
Do you have there a clause that the sell is subject to the tenancy?

It is important to determine the above before you can get any further.

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Postby PNGMK » Sun, 09 Feb 2014 9:49 am

It all comes down to the T/A.

HOWEVER I suggest you mention to the tenant that for a good 'showing' it will need your cooperation and that your cooperation may not be forth coming without some give and take. Many units are sold here with tenants in possession though - all that means if that your T/A gets handed over to the next landlord and you pay him rent instead of the former owner.

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Re: Landlord selling a house rented out to me!

Postby JR8 » Sun, 09 Feb 2014 12:05 pm

Breezy_KT wrote:I've a rented a room and this landlord is in the selling process of this property and obviously will have to break the contract he made with me.


Hi, welcome to the forum.
Selling a property does not terminate any sub-tenancy agreement. Rather, the property is conveyed together with any such agreements, i.e. it's an invisible process to you barring having a new landlord.
I wonder if your landlord knows this. I ask as a property is more marketable (hence valuable) if it has no such encumbrances. *

Breezy_KT wrote:I've tried to move out earlier than the whole process gets settled like when I find the right place to move in. and when I talked about this to the landlord's agent and he said legally I can't move out as I wish because I'm tied up with the contract - when it's them who cannot guarantee my tenancy period. Is this true?


Not quite.
You are tied to the tenancy agreement (can't move out), BUT the property is also 'tied to you' via the same Agreement. So, you can't be terminated just because the place is being sold.

Breezy_KT wrote:I can't get the law, since it's them who are going to terminate the contract and not to compensate me for any (according to my contract).


I'd be interested to hear what Grounds they believe they have that would enable to terminate you. Have you asked them?

Breezy_KT wrote:I thought it would be my right to decide when to move out when the breaking party is the owner.


As above, I don't think any of the terms in your TA have altered at all.

Breezy_KT wrote:If you happen to encounter a case like mine, please let me know and advise!!! I feel like to go legal!!!
Thank you so much for your time!!!


No need to 'go legal'. If he threatens to terminate you, just ask him to quote the legal basis on which he is intending to do so (a perfectly reasonable request), and then take it from there. I.e. don't accept any vague statement from him, and then spend a week trying to decipher/prove/disprove it, get him to explain clearly in black and white why what he claims is true.


* I'd expect people viewing the property to ask you what your status is. Be sure to tell them that you're a tenant, on a Tenancy Agreement, and have no plans on going anywhere :twisted:

[side-comment, but don't let it distract you: - Maybe if your landlord (old or new) really wants to move you out, then he can pay you some $costs+compensation for breaking your TA?].

Good luck, let us know how it goes.

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Re: Landlord selling a house rented out to me!

Postby PNGMK » Sun, 09 Feb 2014 5:57 pm

JR8 wrote:
Breezy_KT wrote:I've a rented a room and this landlord is in the selling process of this property and obviously will have to break the contract he made with me.


* I'd expect people viewing the property to ask you what your status is. Be sure to tell them that you're a tenant, on a Tenancy Agreement, and have no plans on going anywhere :twisted:

[side-comment, but don't let it distract you: - Maybe if your landlord (old or new) really wants to move you out, then he can pay you some $costs+compensation for breaking your TA?].

Good luck, let us know how it goes.


Exactly - if anything you're rights to stay on a pretty much set in stone UNLESS there is a clause that says you have to move out if the property is sold.... reassignment is assumed.

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x9200
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Postby x9200 » Sun, 09 Feb 2014 7:03 pm

What is the ground of this assumption of the reassignment?

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Postby sundaymorningstaple » Sun, 09 Feb 2014 9:02 pm

Prevailing law, I believe. This was discussed in some depth several years ago on this board, but it might take some searching (also we are missing a chunk of data due to the crash/hack several years ago) but I seem to distinctly remember that the lease goes with the house and is generally considered part & parcel of the sale of the property (income producing property). So it the new owner want to end you contract early, he is going to have to buy out your contract. I would confirm with a lawyer, but I believe that is what you will find.

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Postby Max Headroom » Sun, 09 Feb 2014 9:40 pm

It happened to me in my previous place; my landlord had to sell and soon afterwards it was. The viewings were always announced in advance and they were done only on dates and times I was at home.

The new owners did make a bid to buy me out, but I preferred to ride out the lease. No sweat.

There was never any doubt that I'd have to vacate the place after the sale. A signed lease is iron-clad.

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Postby PNGMK » Mon, 10 Feb 2014 1:36 am

x9200 wrote:What is the ground of this assumption of the reassignment?


As SMS said but I would add precedent and common practice if not common law.

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x9200
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Postby x9200 » Mon, 10 Feb 2014 3:07 am

Is this about HDB or in general?

Note that there is a difference between the obligations of the old LL to fulfill the lease terms and the obligation of the new LL to continue with the lease. I have no doubts about the 1st part as this is granted under basic civil law but I don't remember anything like this for the 2nd part. All the TA I've seen had a clause "sell subject to the tenancy". If such law existed this clause would be redundant.


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