Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • bexta1407
    • By bexta1407 6th Oct 17, 12:35 PM
    • 41Posts
    • 129Thanks
    bexta1407
    Landlord Pulling Out. Where do we stand?
    • #1
    • 6th Oct 17, 12:35 PM
    Landlord Pulling Out. Where do we stand? 6th Oct 17 at 12:35 PM
    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.
Page 1
    • theartfullodger
    • By theartfullodger 6th Oct 17, 12:41 PM
    • 8,975 Posts
    • 11,856 Thanks
    theartfullodger
    • #2
    • 6th Oct 17, 12:41 PM
    • #2
    • 6th Oct 17, 12:41 PM
    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
    • By bexta1407 6th Oct 17, 12:45 PM
    • 41 Posts
    • 129 Thanks
    bexta1407
    • #3
    • 6th Oct 17, 12:45 PM
    • #3
    • 6th Oct 17, 12:45 PM
    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.
    Originally posted by theartfullodger

    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
    • By McKneff 6th Oct 17, 12:49 PM
    • 35,572 Posts
    • 45,795 Thanks
    McKneff
    • #4
    • 6th Oct 17, 12:49 PM
    • #4
    • 6th Oct 17, 12:49 PM
    Look at it from a different angle.

    Would you rather be in her position or yours?
    No one can make you feel inferior without your consent
    • Slithery
    • By Slithery 6th Oct 17, 12:51 PM
    • 258 Posts
    • 321 Thanks
    Slithery
    • #5
    • 6th Oct 17, 12:51 PM
    • #5
    • 6th Oct 17, 12:51 PM
    Have you given notice yet for your current property?
    • bexta1407
    • By bexta1407 6th Oct 17, 12:53 PM
    • 41 Posts
    • 129 Thanks
    bexta1407
    • #6
    • 6th Oct 17, 12:53 PM
    • #6
    • 6th Oct 17, 12:53 PM
    Have you given notice yet for your current property?
    Originally posted by Slithery
    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
    • By bexta1407 6th Oct 17, 12:56 PM
    • 41 Posts
    • 129 Thanks
    bexta1407
    • #7
    • 6th Oct 17, 12:56 PM
    • #7
    • 6th Oct 17, 12:56 PM
    Look at it from a different angle.

    Would you rather be in her position or yours?
    Originally posted by McKneff
    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
    • By Alter ego 6th Oct 17, 12:56 PM
    • 2,108 Posts
    • 2,021 Thanks
    Alter ego
    • #8
    • 6th Oct 17, 12:56 PM
    • #8
    • 6th Oct 17, 12:56 PM
    Yes we have to be out by the 26th.
    Originally posted by bexta1407
    That's only true if the landlord has obtained a court order.
    Ignore me if you like, it's not the real me anyway.
    • steampowered
    • By steampowered 6th Oct 17, 1:01 PM
    • 1,789 Posts
    • 1,700 Thanks
    steampowered
    • #9
    • 6th Oct 17, 1:01 PM
    • #9
    • 6th Oct 17, 1:01 PM
    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).
    Last edited by steampowered; 06-10-2017 at 1:06 PM.
    • Lokolo
    • By Lokolo 6th Oct 17, 1:02 PM
    • 19,774 Posts
    • 14,778 Thanks
    Lokolo
    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.
    Originally posted by steampowered
    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
    • By steampowered 6th Oct 17, 1:04 PM
    • 1,789 Posts
    • 1,700 Thanks
    steampowered
    Look at it from a different angle.

    Would you rather be in her position or yours?
    Originally posted by McKneff
    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?
    • Comms69
    • By Comms69 6th Oct 17, 1:04 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    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
    Originally posted by bexta1407


    I'd suggest that - assuming the deposit is a reasonable amount - double is more than fair.
    • nkkingston
    • By nkkingston 6th Oct 17, 1:05 PM
    • 432 Posts
    • 484 Thanks
    nkkingston
    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
    October 2017: £80,520.19
    • steampowered
    • By steampowered 6th Oct 17, 1:05 PM
    • 1,789 Posts
    • 1,700 Thanks
    steampowered
    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.
    Originally posted by Lokolo
    Yes, you are correct. I jumped to an incorrect conclusion. The same principle still applies though. I've edited my post accordingly.
    • Comms69
    • By Comms69 6th Oct 17, 1:06 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    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.
    Originally posted by bexta1407

    Well technically you have longer, but it will simply cost you more.

    That's only true if the landlord has obtained a court order.
    Originally posted by Alter ego

    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.
    Originally posted by steampowered


    But remember that you must also mitigate any loss. So proof of applying elsewhere etc is paramount to any successful claim
    • Comms69
    • By Comms69 6th Oct 17, 1:07 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    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.
    Originally posted by nkkingston


    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.
    • bexta1407
    • By bexta1407 6th Oct 17, 1:46 PM
    • 41 Posts
    • 129 Thanks
    bexta1407
    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
    • By Comms69 6th Oct 17, 1:49 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    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.
    Originally posted by bexta1407
    What costs though? You really don't have any at the minute.
    • cjdavies
    • By cjdavies 6th Oct 17, 1:51 PM
    • 2,708 Posts
    • 2,675 Thanks
    cjdavies
    What costs though? You really don't have any at the minute.
    Originally posted by Comms69
    I'm guessing fees?
    • Comms69
    • By Comms69 6th Oct 17, 1:54 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    I'm guessing fees?
    Originally posted by cjdavies


    I think the OP said they didn't pay fees as they didn't use an agency? - might be wrong
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,401Posts Today

6,892Users online

Martin's Twitter
  • RT @LordsEconCom: On Tuesday Martin Lewis, Hannah Morrish & Shakira Martin gave evidence to the Cttee. Read the full transcript here: https?

  • Ta ta for now. Half term's starting, so I'm exchanging my MoneySavingExpert hat for one that says Daddy in big letters. See you in a week.

  • RT @thismorning: Can @MartinSLewis' deals save YOU cash? ???? https://t.co/igbHCwzeiN

  • Follow Martin