Questions & Answers
How can a tenant avoid any disputes upon transferring the property to a new owner?
Hi Jennifer,
I would like to ask you to give me your experience to understand my legal situation.
Now, I received a call from the landlord assistant trying to ask me to pay the last quarter cheque in cash as the owner will close his bank accounts here. Also, he wants me to allow him to come with a buyer to visit the property.
The problem is I just shifted since 7 months and because we were planning to stay for a long time, we bought new furniture that cost us. Now I need to understand my situation.
If the landlord changes, does he has the right to increase the rent?
And what is the exact time period he should notify me to leave the apartment?
Thanks in advance!
Dear Sir/Madam,
As per landlord and tenant laws, a landlord can sell his property at any time. If he wishes to do so from the start of the tenancy, he must give 12 months' advance notice to the tenant. Most landlords prefer not to do this as it will put prospective tenants off.
If the landlord wishes to sell during the term of your tenancy, your tenancy by law is unaffected. The new owner is obliged to sign a new tenancy agreement with you for the balance of the term at least, with the same rent, terms, and conditions.
In this instance, you are fortunate as you have a few months to run on your tenancy contract. As a tenancy contract cannot be less than one year, the new landlord will have to sign a new 12 months tenancy with you for the same rent as before.
The procedure typically with property sales by landlords is for the property ownership to be transferred to the new owner, then the old landlord must write to you to advise you of this, that your tenancy continues as normal under a new tenancy contract with the new landlord.
With regards to rent payment, please seek written clarification as to whether the current landlord has sold his property. Ask for a copy of the current title deed and check this against records held in the government offices - Lands Department.
The reason why I ask you to do this is that, if your landlord has already sold the property, then he is legally not entitled to the last rent, that last quarter rent must go to the new landlord to protect yourself and avoid having to pay twice or get involved in any disputes with the two owners.
Many thanks!
Jennifer Arkhurst
