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liability of previous landlord

liability of previous landlord

Postby caffiene » Thu Jan 26, 2017 8:08 pm

If there is a change of ownership of a rented dwelling what rights do the tenants have to take action against the original landlord they signed the tenancy agreement with in the event that the new owner fails to meet his obligations, e.g. disrepair, unlawful eviction, etc?
Normally the burden of a contract cannot be relived from an assignor without agreement of the other original party.

I note the landlord and tenant covenants act 1995 makes the new owner liable for all duties that come with ownership of a let property. It also has a procedure for the original landlord to apply to the tenant to be relieved but this can be refused. Does this apply to ASTs?

Is there a clause that can be put into an AST that relieves the original landlord if the property is taken over by a new landlord?

What is the most common practice to deal with this issue given that tenanted properties are bought and sold every day?
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Re: liability of previous landlord

Postby dls » Thu Jan 26, 2017 9:41 pm

Sue the current landlord.
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Re: liability of previous landlord

Postby atticus » Thu Jan 26, 2017 9:45 pm

The answe to the OP's first question: none.
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Re: liability of previous landlord

Postby dls » Thu Jan 26, 2017 9:51 pm

The buyer of such a property will be well aware that he is taking such risks.
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Re: liability of previous landlord

Postby caffiene » Fri Jan 27, 2017 11:39 am

I am mostly interested if to know if the original L can mitigate against claims from his old tenant after he has sold on.
atticus wrote:The answe to the OP's first question: none.
You mean the tenant has no rights to claim against the previous landlord because the new owner must take the burden along with the benefit? This was what I thought but then read the Landlord and Tenant Covenants Act 1995. That's why I asked if it applies to ASTs. If the old landlord is off the hook after a sale, why is there a procedure to release him under s.6?

It could be that I don't understand the terminology. Is the sale of a 'reversion' the same as selling a tenanted freehold property?

Can the landlord put a clause in the tenancy saying the tenant will not refuse to release him on sale of the property?
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Re: liability of previous landlord

Postby Hairyloon » Fri Jan 27, 2017 11:47 am

Does the tenant have a claim against the original landlord for his failure to effect proper repairs while he was the landlord?
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Re: liability of previous landlord

Postby caffiene » Fri Jan 27, 2017 12:20 pm

Hairyloon wrote:Does the tenant have a claim against the original landlord for his failure to effect proper repairs while he was the landlord?
No. The question is about potential failure of the new landlord to fulfil promises made by the original landlord to the tenant. The tenant may blame the person he has privity with rather than the new owner. For example the original landlord promises the tenant he will provide a washing machine and does so before selling the house. The new owner takes over and the washing machine breaks down. The new owner persistently ignores complaints and fails to repair it.

The reason for the question is about one might draft a tenancy agreement to prevent a claim against the original L in case one arises after sale.
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Re: liability of previous landlord

Postby Hairyloon » Fri Jan 27, 2017 12:35 pm

caffiene wrote:For example the original landlord promises the tenant he will provide a washing machine and does so before selling the house. The new owner takes over and the washing machine breaks down. The new owner persistently ignores complaints and fails to repair it.

The reason for the question is about one might draft a tenancy agreement to prevent a claim against the original L in case one arises after sale.

In the example, that is clearly the responsibility of the new landlord.
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Re: liability of previous landlord

Postby caffiene » Fri Jan 27, 2017 12:43 pm

Hairyloon wrote:
caffiene wrote:For example the original landlord promises the tenant he will provide a washing machine and does so before selling the house. The new owner takes over and the washing machine breaks down. The new owner persistently ignores complaints and fails to repair it.

The reason for the question is about one might draft a tenancy agreement to prevent a claim against the original L in case one arises after sale.

In the example, that is clearly the responsibility of the new landlord.
I agree that the new landlord is liable but the original could be also because he is the person who actually made the promise.

I read this here: http://www.bsdr.com/publication/release ... covenants/

So that is why I am thinking about this.
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Re: liability of previous landlord

Postby Hairyloon » Fri Jan 27, 2017 1:15 pm

caffiene wrote:
Hairyloon wrote:In the example, that is clearly the responsibility of the new landlord.
I agree that the new landlord is liable but the original could be also because he is the person who actually made the promise.


He appears to have made good on that promise.


Too long for my limited interest, sorry.
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