Essentials of leases and change of landlord
This section looks at a tenant's rights when the ownership of the property they occupy changes hands.
Change of landlord
If a tenant's landlord changes, for example if their landlord sells the property with a 'sitting tenant', then the tenant will retain the same tenancy status as before. [1] The new landlord cannot make them sign a new lease, and if they want to evict the tenant, they will need to follow the usual procedure. For more information, please see under each tenancy type in the security of tenure section for the details of the possession procedure for that type of tenancy.
Any express terms contained in a lease will usually transfer to the new landlord. However, case law has held that such terms must be the type of terms normally found in a lease, and not terms that are of a personal nature. Terms of a personal nature could include a term that the tenant would pay less or no rent in return for them providing services to the landlord, [2] and a term that the tenant would have the option to buy the property. [3] However, in a case involving the latter, [4] it was held that the new landlord was bound by the term because they had been aware of it when they purchased the property.
Last updated: 11 August 2020