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Landlord selling / sold house need some legal advice

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Comments

  • gettingtheresometime
    gettingtheresometime Posts: 6,911 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
    I have no words of advice but I do hope that the poster who was asking a few months back whether replacing a landlord's kitchen has read this thread.
  • Keto_Plastics
    Keto_Plastics Posts: 45 Forumite
    I have tried taking some peoples advice and negotiating and it seems there is no negotiating as they are not interested in doing so
    TBH I did not think they would with how they acted the last time they come out to the property, but had to try at least
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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    This may already have been answered but has the landlord actually sold the property or is he just wanting to put it up for sale? Did you not notice people coming round to view the property or a large "for sale" sign outside?
  • gingercordial
    gingercordial Posts: 1,681 Forumite
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    Keto_Plastics wrote: »
    I have tried taking some peoples advice and negotiating and it seems there is no negotiating as they are not interested in doing so
    TBH I did not think they would with how they acted the last time they come out to the property, but had to try at least

    Well they can say they won't negotiate.

    You can say you won't be moving out on their terms then. Reiterate that if they want you out on their timescale, you need the things you've asked for (deposit returned, reference, payment of £x for the kitchen). Then leave it with them. They can still say no. They can try to bully you out. You may need to call the police to stop them evicting you illegally. Eventually they will realise that you are not going anywhere until you choose to do so (and they make it worth your while) or they get to the end of a very long court process, and they may come to realise it is worth giving you what you want. Tell them to come back to you when they are ready to talk, and let them mull it over.

    In the meantime you do need to look for somewhere else as eventually they will get through the whole process properly and you will have to leave, so you might as well find somewhere you like on your own timescale.

    But don't let them intimidate you in the meantime.
  • Keto_Plastics
    Keto_Plastics Posts: 45 Forumite
    Pixie5740 wrote: »
    This may already have been answered but has the landlord actually sold the property or is he just wanting to put it up for sale? Did you not notice people coming round to view the property or a large "for sale" sign outside?

    As far as I know he has apparently sold the property / accepted a offer, and the date they want Me out by, they want to complete the sale
    They want Vacant possession
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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Keto_Plastics wrote: »
    As far as I know he has apparently sold the property / accepted a offer, and the date they want Me out by, they want to complete the sale
    They want Vacant possession

    How odd. I would want a number of viewings of a property before pushing for exchange. Each to their own.

    If you can't afford to move then you can't afford to move. Have you contacted the housing charity Shelter for advice? Some councils offer a deposit bond scheme for tenants who don't have the money to stump up a deposit themselves so that might be worth looking into.

    Sooner or later you will need to leave. If your landlord takes this to court and the Section 21 is valid he can have the court costs awarded against you. Similarly if he has to use county court bailiffs to evict you then you will be liable for the cost.
  • aneary
    aneary Posts: 921 Forumite
    Pixie5740 wrote: »
    How odd. I would want a number of viewings of a property before pushing for exchange. Each to their own.

    If you can't afford to move then you can't afford to move. Have you contacted the housing charity Shelter for advice? Some councils offer a deposit bond scheme for tenants who don't have the money to stump up a deposit themselves so that might be worth looking into.

    Sooner or later you will need to leave. If your landlord takes this to court and the Section 21 is valid he can have the court costs awarded against you. Similarly if he has to use county court bailiffs to evict you then you will be liable for the cost.

    They had viewings all on one day.

    Currently it appears that the S21 is invalid as it has given the OP less than 2 months to leave.
  • Keto_Plastics
    Keto_Plastics Posts: 45 Forumite
    gingercordial wrote: »
    Well they can say they won't negotiate.

    You can say you won't be moving out on their terms then. Reiterate that if they want you out on their timescale, you need the things you've asked for (deposit returned, reference, payment of £x for the kitchen). Then leave it with them. They can still say no. They can try to bully you out. You may need to call the police to stop them evicting you illegally. Eventually they will realise that you are not going anywhere until you choose to do so (and they make it worth your while) or they get to the end of a very long court process, and they may come to realise it is worth giving you what you want. Tell them to come back to you when they are ready to talk, and let them mull it over.

    In the meantime you do need to look for somewhere else as eventually they will get through the whole process properly and you will have to leave, so you might as well find somewhere you like on your own timescale.

    But don't let them intimidate you in the meantime.

    That is one thing I am starting to do now is look for another property and raise funds ready for when I find one

    I did ask for deposit back early but they replied that the deposit scheme will not release it until after I move out of the property (don't know if that's true or not as they could release it if both parties required it to be I would imagine)

    That is one thing I will do if they try to gain entry or if they try evicting illegally or even if the LL comes back to the property and acts like He did before, I will call the police
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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    aneary wrote: »
    They had viewings all on one day.

    I would want to view a property more than once before exchanging but as I said, "each to their own." I am slightly curious as to why the OP seems surprised that the property has been sold if viewings were conducted.
    aneary wrote: »
    Currently it appears that the S21 is invalid as it has given the OP less than 2 months to leave.

    Indeed but eventually he will get it right or at least you would think so. Perhaps going to court and getting egg on his face will encourage the landlord to negotiate. I doubt the buyer will wait around for that long though.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Keto_Plastics wrote: »

    I did ask for deposit back early but they replied that the deposit scheme will not release it until after I move out of the property (don't know if that's true or not as they could release it if both parties required it to be I would imagine)

    If both parties agree the deposit can be released early.
    Keto_Plastics wrote: »
    That is one thing I will do if they try to gain entry or if they try evicting illegally or even if the LL comes back to the property and acts like He did before, I will call the police

    If the landlord comes back unannounced then don't even open the door to him. Call 101 if necessary. If you are concerned about the landlord gaining access to your home you could always change the barrels of the lock, very simple to do.
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