Help please! Being held to ransom!

goingbonkers

Hoping someone can give me some advice on here, as my solicitor is on hols and seems pretty useless anyway...

I have just sold my flat to a lady buyer who was purchasing it through a trust fund on behalf of her son. I had got to contract stage on a house to move to, but suddenly their mortgage company stopped the sale as they were in negative equity. Given the fact that I had no house to go to (but offered to move out and go to my mum's anyway) the lady told me she didn't need to move in straight away and as soon as the sale was completed we could agree terms for me staying where I am and paying her rent.

The sale completed on Tuesday of this week. Her ex-husband (also a member of the trust for her son) has found out that I have not vacated the property and has completely gone off on one. He is insisting on me signing a tenancy agreement at £450 per month rent with a month deposit upfront, though I never agreed to this amount. It is approx £100 over the normal rent for the flat and location.

As far as I knew, I made an agreement in good faith with the person I was selling to. The complication now is that the trust has the say over the flat now its been purchased, and due to the fact that he doesn't get on with his ex-wife, I'm being dragged into it all.

I am tempted to just lift my stuff over the weekend and go, without paying him a penny or signing any agreement whatsoever. Does anyone know if there could be any legal comeback from this? Could he sue me for rent for the few days I've been in the flat after the sale completed on Tuesday?

Any advice and help would be greatly appreciated, thank you in advance.

cte1111

Yes I would definitely move out ASAP. Not worth the hassle of staying there, and then everything is dealt with really. It seems unlikely that he would be able to get any money for the few days that you were there, particularly as you thought that you had the consent of the new owners.

Maybe technically he (or rather the trust) could take you to the small claims court, but very unlikely that this would happen I should think.

McKneff

Have you spoken to the lady since.
Like you, i would be tempted to just leave the property and get back to mothers.

Head-Out-Of-Sand

Hello there,

I'm not 100% sure on the legal side of this, as I've not come across this situation before, but I would suggest to avoid any hassle get out of there asap. If the dad is coming across that way I can imagine he's going to start being amicable any time soon.

Failing that, if you would prefer to stay put you could try to negotiate the rent - you haven't signed anything yet and they have the convenience of having a ready-made tenant in the house, so you may be able to negotiate? Depends on how reasonable the dad's prepared to be though I guess.

You haven't signed an agreement with them so I would assume (but I would recommend you seek further advice as I'm not sure) that you are not tied to anything.

I would suggest you go to see CAB or Shelter as soon as you can and get your head straight on where you stand legally and you will be better prepared to handle any further problems you get from them.

Hope you get this sorted out, good luck

Keeping_Positive

I think they are at risk more than you. You could claim squatters rights so dont be bullied but I would still move out ASAP.

sunshine_shell

Speak to the Lady and tell her what has happened

Failing that get your stuff and get out of there!!!

SavingSteve

Worst that can happen is they can take you to the small claims court for a few days rent. All you would need to do is present your case that similar properties are going for 350/mth rent, so you will pay that pro-rated for the few days you were there. Done.

QTPie

I would immediately speak to the lady, but - if you can - I would try to move out STRAIGHT AWAY. SOunds liek you could be caught between a rock and a hard place (even if the lady agrees to you staying, you will be stuck in the middle of the fighting...).

It is hassle, but I would move out and then MAYBE try to negotiate renting it back again (if you want to, if the price and terms are favourable, and IF you can have a formal tenancy agreement upfront).

In the future ALWAYS ALWAYS ALWAYS get things in writing first (i.e. a proper tenancy agreement): don't take things "in good faith" - you just get get any protection if you do...

Good luck

poppysarah

Get your stuff out and move to your mums.

Mostly because there's no point getting in between a squabbling h&w.

dgl1001

He can't take you to the small claims court as there is no agreement in place. The golden rule of letting out property is to never allow anyone on the premises without a written tenancy agreement. The reason he is going crazy is because you have been given implied rights to stay there and you are in a far stronger position than he is. As others have said, speak to the woman to find out the score. It beggers belief that their solicitor allowed this to happen

Good luck

sarah_elton

Head-Out-Of-Sand wrote: »

Failing that, if you would prefer to stay put you could try to negotiate the rent - you haven't signed anything yet and they have the convenience of having a ready-made tenant in the house, so you may be able to negotiate? Depends on how reasonable the dad's prepared to be though I guess.

I agree - you're in a fantastic negotiating position.

If the local market rent is about £350, why on earth would you pay more? Tell them you're happy to pay the market rent at this and sign a tenancy agreement (assuming you are - it will commit you to six months renting there).

They'd be crazy to turf you out and look for a new tenant:
1) It'll take time to find someone new so they'll have it sitting empty
2) You're much more likely to look after the place since it's been your home, and you're unlikely to start treating it differently now.

This is all assuming you want to stay there for six months. If not, just move out. If they won't drop the rent from £450, move out and rent one at £350 (assuming your removal costs won't be more than the £600 you'll save in rent over six months).

If you stay put, make sure they give you a proper tenancy agreement to sign and do an inventory. Since your stuff is already in the flat, you need to be very clear between you what stays and what goes when you do move out, so the inventory is more important than usual.

My flat is currently being sold (close to exchange) to an investor who's letting us stay on as tenants. He offered on my flat rather than any others on the market in my town because mine offered a sitting tenant. (unless that was a line and he's buying up all the others as well ) He's already given me the tenancy agreement he plans to use, and my solicitor is checking it over too. As others have said, the guy is just annoyed with the woman for doing things in the wrong order. Don't let him take it out on you.