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Landlord Pulling Out. Where do we stand?

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  • Comms69
    Comms69 Posts: 14,229
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    bexta1407 wrote: »
    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 :(



    I'd suggest that - assuming the deposit is a reasonable amount - double is more than fair.
  • Under the circumstances, I'd let your current landlord know what's going on, and stay put. They have to issue a section 21 to formally evict you, and that usually takes around two months. That will buy you time to find somewhere else, and hopefully you'll be long gone before it even gets to court. The only problem is you'll probably be putting another family i the same position as yourselves, and you're relying on your landlord to deal with the fallout from that.
    Mortgage
    June 2016: £93,295
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  • steampowered
    steampowered Posts: 6,176
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    Lokolo wrote: »
    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.
    Yes, you are correct. I jumped to an incorrect conclusion. The same principle still applies though. I've edited my post accordingly.
  • Comms69
    Comms69 Posts: 14,229
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    bexta1407 wrote: »
    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.


    Well technically you have longer, but it will simply cost you more.
    Alter_ego wrote: »
    That's only true if the landlord has obtained a court order.


    But the OP would be liable for double rent.
    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 seller something which she can show the husband in an effort to convince him to leave the property.



    But remember that you must also mitigate any loss. So proof of applying elsewhere etc is paramount to any successful claim
  • Comms69
    Comms69 Posts: 14,229
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    nkkingston wrote: »
    Under the circumstances, I'd let your current landlord know what's going on, and stay put. They have to issue a section 21 to formally evict you, and that usually takes around two months. That will buy you time to find somewhere else, and hopefully you'll be long gone before it even gets to court. The only problem is you'll probably be putting another family i the same position as yourselves, and you're relying on your landlord to deal with the fallout from that.



    The landlord can charge double rent, not something the OP is likely to afford given they cant afford agency fees.


    Formal eviction takes 40 weeks on average, the s.21 notice alone is two months.
  • We are still hoping some thing can be sorted. This house was perfect for us too :(
    I am going to contact the landlady tonight as all communication so far has been through my partner. I will advise her that i will be sending a letter regarding our costs etc.
    Complete nightmare as we had arranged decorators and carpet fitters for next week too, as she was going to allow us to have the keys early. Have also had to cancel the order for new furniture etc.
  • Comms69
    Comms69 Posts: 14,229
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    bexta1407 wrote: »
    We are still hoping some thing can be sorted. This house was perfect for us too :(
    I am going to contact the landlady tonight as all communication so far has been through my partner. I will advise her that i will be sending a letter regarding our costs etc.
    Complete nightmare as we had arranged decorators and carpet fitters for next week too, as she was going to allow us to have the keys early. Have also had to cancel the order for new furniture etc.
    What costs though? You really don't have any at the minute.
  • Marvel1
    Marvel1 Posts: 7,157
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    Comms69 wrote: »
    What costs though? You really don't have any at the minute.

    I'm guessing fees?
  • Comms69
    Comms69 Posts: 14,229
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    cjdavies wrote: »
    I'm guessing fees?



    I think the OP said they didn't pay fees as they didn't use an agency? - might be wrong
  • Comms69 wrote: »
    What costs though? You really don't have any at the minute.

    Not at the minute but we will if we manage to find a suitable property. Not sure if its 100% correct but i have read on another site we can also claim for any difference in rent, if we need to pay more.
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