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Landlord Pulling Out. Where do we stand?

bexta1407
bexta1407 Posts: 41 Forumite
in House buying, renting & selling
After some urgent advise. We are due to move house on the 22Nd of this month. The landlord called yesterday to say her husband has decided he wants a divorce and is refusing to leave the house.

She is currently trying to talk him round but its not looking good.

We have already paid our deposit and signed the contracts.

Do we have any rights considering we have signed the contracts or not?

Thanks in advance.
«13

Comments

  • theartfullodger
    theartfullodger Posts: 14,592 Forumite
    Name Dropper First Anniversary First Post
    You have firm contractual rights (I assume you have copy of contract signed by landlord?). So you can sue for your extra costs.

    But you don't have a tenancy - that only happens when you move in : Weird, I know.

    Suggest you try to negotiate something.

    Stupid landlord signing contracts before knowing it was free.
  • bexta1407
    bexta1407 Posts: 41 Forumite
    theartfullodger wrote: »
    You have firm contractual rights (I assume you have copy of contract signed by landlord?). So you can sue for your extra costs.

    But you don't have a tenancy - that only happens when you move in : Weird, I know.

    Suggest you try to negotiate something.

    Stupid landlord signing contracts before knowing it was free.


    Yes we have the contract signed by the landlord.
    I feel sorry for the landlord in a way but surely she knew there was problems in her marriage before now!! They are due to move into there new house this week!
    She is already saying she will give us double our deposit back and is being as helpful as possible but it still doesn't take away from the fact we have two weeks to find somewhere else :(
  • McKneff
    McKneff Posts: 38,822 Forumite
    Name Dropper First Anniversary First Post
    Look at it from a different angle.

    Would you rather be in her position or yours?
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Slithery
    Slithery Posts: 6,046 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Have you given notice yet for your current property?
  • bexta1407
    bexta1407 Posts: 41 Forumite
    Slithery wrote: »
    Have you given notice yet for your current property?

    Yes we have to be out by the 26th. No chance of us being able to extend either we don't think.

    Looking for others but they are all with agent's and we 1. can't afford agency fees and 2. keep being knocked back due to credit rating even with offering rent up front or a guarantor.
  • bexta1407
    bexta1407 Posts: 41 Forumite
    McKneff wrote: »
    Look at it from a different angle.

    Would you rather be in her position or yours?

    Not quite sure what difference that makes but i would much rather be in her position. She is moving into a huge new 5 bed next week (husband or not) and owns two other houses.
    She's not the one that has two weeks to find a house for her three young children to live.
  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Name Dropper First Post First Anniversary
    bexta1407 wrote: »
    Yes we have to be out by the 26th.

    That's only true if the landlord has obtained a court order.
    I am not a cat (But my friend is)
  • steampowered
    steampowered Posts: 6,176 Forumite
    First Anniversary Name Dropper First Post
    edited 6 October 2017 at 1:06PM
    I suggest sending a polite but firm letter and email to the landlord explaining that a legally binding contract has been entered into. And that if you are not provided with access to the property, you will need to find emergency accommodation for your family and will have no choice but to bring a legal a claim against her to breach of contract to recover your costs, including accommodation and storage costs.

    At least that makes your position clear.

    And it gives the landlord something which she can show the husband in an effort to convince him to leave the property (and gives her ammunition to show that he has been unreasonable if there is a divorce dispute).
  • Lokolo
    Lokolo Posts: 20,861 Forumite
    First Post First Anniversary
    steampowered wrote: »
    I suggest getting your solicitor to send a polite (but firm!) letter to the seller's solicitor explaining that you will need to find emergency accommodation for your family and will have no choice but to bring a legal a claim against the seller for breach of contract to recover your costs, including accommodation and storage costs, if she fails to complete.

    At least that makes your position clear.

    And it gives the seller something which she can show the husband in an effort to convince him to leave the property.

    Also seek your solicitor's advice on whether a formal 'notice to complete' should be served.

    I understood the OP to be renting the property rather than purchasing.

    Post 6 talks about agency fees which makes me think renting even more so.
  • steampowered
    steampowered Posts: 6,176 Forumite
    First Anniversary Name Dropper First Post
    McKneff wrote: »
    Look at it from a different angle.

    Would you rather be in her position or yours?

    Imagine that this is a tenant that has difficulties with their marriage, rather than the landlord.

    Meaning that the tenant can't pay the rent.

    Would you ask the landlord to look at it from that angle?
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