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Landlord selling / sold house need some legal advice

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Comments

  • What do you actually want- time to save up for a deposit to enable you to move? If the LL really wants to sell, you're going to have to move at some point.

    Next time don't move into a property with a decrepit kitchen, inform Environmental Health if there are rats, and don't spend your own money on decor or fittings.
    They are an EYESORES!!!!
  • Slithery
    Slithery Posts: 6,046 Forumite
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    How much is your LL willing to pay you to move out in 2 months?

    As already mentioned even if the S21 is valid you don't have to leave, the LL will have to take you to court to evict which takes about 10 months (thus scuppering the sale). I'd at least ask for the deposit back now plus any moving costs.
  • gingercordial
    gingercordial Posts: 1,681 Forumite
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    You are in a certain position of power here as the landlord will not want the sale to fall through, and if he is selling to people who are buying to live there they must have vacant possession on exchange or it will not happen.

    As others have said, him giving a valid s.21 notice ensures two months before he can even start the long-winded process of going to court to end your tenancy.

    You therefore have something he wants: you can leave or not leave.

    If I were you, I would agree I would leave by a specified date if given:

    - A glowing reference in order to move into a new place;
    - My deposit returned in full, no deductions, right now to enable me to use it to move into a new place;
    - [Up to you] the sum of £xxx to assist with moving expenses and overlap rent (in your mind you could consider this reimbursement for the kitchen, so ask for however much you want and see what they negotiate with you).

    I would tell them that the above would enable me to move out so that they can grant vacant possession to the new purchasers to prevent the sale falling through. I would also remind them that without my agreement an eviction could take a very long time indeed...
  • trevormax
    trevormax Posts: 943 Forumite
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    You are in a certain position of power here as the landlord will not want the sale to fall through, and if he is selling to people who are buying to live there they must have vacant possession on exchange or it will not happen.

    As others have said, him giving a valid s.21 notice ensures two months before he can even start the long-winded process of going to court to end your tenancy.

    You therefore have something he wants: you can leave or not leave.

    If I were you, I would agree I would leave by a specified date if given:

    - A glowing reference in order to move into a new place;
    - My deposit returned in full, no deductions, right now to enable me to use it to move into a new place;
    - [Up to you] the sum of £xxx to assist with moving expenses and overlap rent (in your mind you could consider this reimbursement for the kitchen, so ask for however much you want and see what they negotiate with you).

    I would tell them that the above would enable me to move out so that they can grant vacant possession to the new purchasers to prevent the sale falling through. I would also remind them that without my agreement an eviction could take a very long time indeed...

    I agree with the above post, with an addition.

    Whomever has decided to buy the house, has made that choice based on the nice new kitchen you have pait for and installed at your cost. If the LL decides not to agree to your requests, I would do the following:

    - refuse to leave after 2 months.
    - refuse to let anyone else in to the house, such as the buyers surveyor or even the buyer them selves. If they do turn up, tell them they will not be getting the house in 2 months, maybe not for 5 or 6 months. Change the locks a.s.a.p.
    - Uninstall the kitchen and put the cheapest, crappest old kitchen in. Make sure it is of the same quality as the one that was there when you moved in. Maybe find some way to let the buyer know that the kitchen they are getting is nowhere near what they saw when they bought the house. They will probably try to renegotiate with the LL.

    Make sure the LL knows this is his fault and you are always willing to discuss compensation for getting you to move without fuss.
  • Arklight
    Arklight Posts: 3,171 Forumite
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    trevormax wrote: »
    I agree with the above post, with an addition.

    Whomever has decided to buy the house, has made that choice based on the nice new kitchen you have pait for and installed at your cost. If the LL decides not to agree to your requests, I would do the following:

    - refuse to leave after 2 months.
    - refuse to let anyone else in to the house, such as the buyers surveyor or even the buyer them selves. If they do turn up, tell them they will not be getting the house in 2 months, maybe not for 5 or 6 months. Change the locks a.s.a.p.
    - Uninstall the kitchen and put the cheapest, crappest old kitchen in. Make sure it is of the same quality as the one that was there when you moved in. Maybe find some way to let the buyer know that the kitchen they are getting is nowhere near what they saw when they bought the house. They will probably try to renegotiate with the LL.

    Make sure the LL knows this is his fault and you are always willing to discuss compensation for getting you to move without fuss.


    I would second this. No way should you leave the kitchen in situ. The fact that he told you you could stay, then arranged viewings and accepted an offer on a house with a new kitchen you'd paid for is beyond taking the mickey.


    You could argue that the verbal agreement that you'd pay for a new kitchen in return for a longer tenure constitutes a contract which is now broken, and just tear the kitchen out without replacing it.
  • m0bov
    m0bov Posts: 2,522 Forumite
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    If you don't have an address to which to serve notice then you might be able to withhold rent. You could tell the LL you will be staying until eviction unless he will return your deposit in full up front.
  • ProDave
    ProDave Posts: 3,711 Forumite
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    The LL owns the house and is selling it so it needs to be vacant.

    He is serving the correct notice period for a S21 termination.

    Start looking for somewhere else NOW.

    Anyone suggesting you don't move out is suggesting you become a criminal. No wonder landlords get a bad name if people regularly advise tenants to ignore the law and become squatters.
  • ProDave wrote: »
    The LL owns the house and is selling it so it needs to be vacant.

    He is serving the correct notice period for a S21 termination.

    Start looking for somewhere else NOW.

    Anyone suggesting you don't move out is suggesting you become a criminal. No wonder landlords get a bad name if people regularly advise tenants to ignore the law and become squatters.

    They would not become criminals or squatters until after a court had ended the tenancy: .http://england.shelter.org.uk/legal/security_of_tenure/secure_tenancies/ending_a_secure_tenancy/overview_of_ending_a_secure_tenancy

    It's not ideal to have to go to court, unless the OP is willing to forfeit a reference in order to win time to save up for moving costs.

    The LL is trying to have their cake and gobble it whilst selling the hosue with a tenant in situ, knowing they've paid to upgrade the kitchen; a sensible compromise can hopefully be reached.
    They are an EYESORES!!!!
  • theartfullodger
    theartfullodger Posts: 14,588 Forumite
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    edited 5 January 2018 at 5:28PM
    ProDave wrote: »
    The LL owns the house and is selling it so it needs to be vacant....
    No: A landlord can of course sell the place but that does not end tenancy nor require tenant to leave nor require vacant possession. Even if new owner is outside with huge removal van, 3 bonkers kids & a screaming hubbie....

    Vacant possession is NOT required: I purchased a tenanted house (4 tenants) in 2006, they of course stayed, no issues...
    ...He is serving the correct notice period for a S21 termination....
    Without seeing the s21 notice, checking dates and validity we don't know it is correct, do we?
    ...
    ...Start looking for somewhere else NOW....
    Agreed: Eventually even the most stupid old owner/new owner will find a way to (legally, legitimately) evict....
    ....
    Anyone suggesting you don't move out is suggesting you become a criminal. ...
    Piffle: What crime do you assert would be committed, please?...£25 to an agreed housing charity if you can find a relevant crime
    ....No wonder landlords get a bad name if people regularly advise tenants to ignore the law and become squatters.
    OP would not be a squatter, afaik nobody is suggesting ignoring the law.

    btw I am a landlord.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    ProDave wrote: »
    The LL owns the house and is selling it so it needs to be vacant.

    He is serving the correct notice period for a S21 termination.

    Start looking for somewhere else NOW.

    Anyone suggesting you don't move out is suggesting you become a criminal. No wonder landlords get a bad name if people regularly advise tenants to ignore the law and become squatters.



    How about you actually find out what the law says before commenting? It's not difficult.
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