Landlord is selling what are my rights?

Doushka · 20 July 2007 at 8:50PM

4mths into my 6mth tenancy agreement my landlord has put the house up for sale. I've been given official notice to vacate the property by a date in august that coincides with the end of my 6mth tenancy.

I'm having difficulty finding somewhere else that is suitable (and affordable) because I own a number of cats. My father however is suggesting buying a house as an investment and I can be his first tenant - again, we've not yet found somewhere as the two places we've offered on so far have had higher offers accepted.

Can anyone tell me what my rights are if I've not found an alternative home by the August date? THe letter from the agents say that vacant possession is required on that date or the landlord will commence legal proceedings?

I'm also 'registered' disabled, does this help my rights at all?

I really have been doing my best to find an alternative (this place isnt affordable for dad), but my health really could do without the stress I'm being put under. There is as yet no offer on this place which means the landllord is no nearer completion that I/my dad am/is on another place. Should I speak with the agents (who know what i am doing and so far have offered no suitable rental properties my way!) and get confirmation from landlord that they are ok for me to stay til alternative is found?

What should I do?

What are my rights?

Many thanks

Doushka

silvercar · 20 July 2007 at 9:00PM

Bottom line is that, presuming the landlord has correctly served you your 2 months notice (known as section 21) they are entitled to vacant possession at the end of the tenancy. Should you refuse to move out, the landlord could go to court and force you out. A judge would probably give you 14 days to vacate before the landlord could go back to court and get the baliffs sent in to force you out. A section 21 notice is mandatory ie the judge has no discretion unlike when people are behind with the rent and a lenient jusge can give you time to pay.

That's a worst case scenario. In practice your landlord may be helpful, particularly if you are happy for him to show potential buyers around while your still there.

iain_60 · 20 July 2007 at 9:05PM

not many rights I'm afraid. Seems like your landlord has done it by the book.

I would devote all your time looking for a new place.

I wish you the best

Iain

motherhubbard · 20 July 2007 at 9:09PM

we were in a simular situation.
Our landlord was watching my daughters at the rear of the property whilst they took the morning showers. I filed a complaint (backed up with video recording) I was tiold it was an infrindgemnet of his rights to video him - and then he decided to 'evict' my family (Single mum of three) I stuck to my guns as I had knowhere at all to move too. It went to court but the judge was very supportive and told the Landlord he was a menace to society and a public nuisance to women (YES !!!!) Also gave us another two months to be housed by the local council as we were unintentionally homeless. After a lot of tears and worry we were 'housed' despite the shortage of property and it was a kick in the teeth for the sick landlord and a huge relief to us.

My motto is don't allow yourself to be bullied or pushed around even if they have given two months notice !!!

take care - bless you

motherhubbard · 20 July 2007 at 9:12PM

another suggestion..........contact citizens Advise who will write letters on your behalf and if need be help fight your case and get some sympathy in court for an extension. I did it without a solicitor but the knowledge from CAB behind me.

GIRL POWER.........the Landlord had never been the same since the chip on his shoulder weighed him down :0 )

Techno · 20 July 2007 at 9:22PM

In fairness motherhubbard your situation appears to be totally different!! From what the OP has written, the landlord has actually done nothing wrong - certainly no suggestion of pervy videos!!! and has appeared to follow the notice period correctly. If there has been no interest in the property, the landlord may agree to allow you to stay, Doushka until a sale has been completed but you would need to agree to get out pretty quickly and stay on good terms if this were to happen. You can only ask

diddlydum · 20 July 2007 at 9:22PM

Unfortunately you have no rights, providing that the section 21 notice has been correctly served on you. It's worth giving Shelter a call on 0808 800 4444 to make sure that they have done that, because landlords sometimes can't even manage to do that simple task properly.

If you don't leave voluntarily the landlord will apply to the court for possession, and it will be granted, either 14 or 28 days after the possession hearing date. If you don't leave then, then you will be evicted by bailiffs. Judges don't even really have very much discretion in extending the time for possession.

If you leave before bailiff action then you very probably will be considered "intentionally homeless" by the local authority; if you don't, then you'll have to pay all the landlord's costs. It's the biggest problem with assured shorthold tenancies.

You will need to find somewhere, and soon. Try your local authority, in your situation you may well have a priority need, and they might be able to find you somewhere.

Doushka · 20 July 2007 at 9:32PM

thanks guys... not what i want to hear really lol, but it's good to know what the situation is

i do believe the landlord has done all the right things (motherhubbard, your unfortunate situation is totally different to mine! am glad you managed to get housing sorted though), but will contact shelter on monday to check... thanks for the number diddlydum

i most definitely have been trying to find somewhere, I think the agents or landlord could contact just about any lettings/estate agent in the area and be told that I am actively registered with them - i'm doing all I can (it's exhausting and having an adverse effect on my health condition too unfortunately)

will speak with the agents monday (or perhaps tomorrow) too let them know the situation

am loathe to contact the local authority as I am certain they will tell me to get rid of my cats, and I refuse to do that, they are my one hobby, and they ar what makes my health problems bearable

thanks guys... all suggestions and advice gladly received

portsmouthali · 20 July 2007 at 9:35PM

I've been in your situation and I really do feel for you. Our landlord did the same to us a few years ago, he was convinced that the house was going to sell quickly and was definite that we had to be out within 2 months. We found somewhere after a few weeks, but we couldn't move in for a while, about a month after our "official" eviction date. As it turned out, the house took a while to sell and when we explained the situation to our landlord he was happy for us to stay the extra month (it was an extra month's rent for him after all!)

As Diddlydum said, do contact the housing dept at your local authority and tell them you are being made homeless. Ours were very helpful, although they didn't end up rehousing us they gave us lots of useful info about our rights, and generally stopped us panicking quite so much.

Good luck to you! :beer:

Doushka · 20 July 2007 at 9:41PM

thanks portsmouthali.... from your name, sounds like i'm just down the road from you ... my LA is Fareham!

portsmouthali · 20 July 2007 at 10:41PM

Wow! It's a small world.

Let us know how you get on.;)

Landlord is selling what are my rights?

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