Being served notice, with new baby

Out,_Vile_Jelly

Weigh up the pros and cons of a long lease before signing up; the flexibility to move away from horrendous neighbours and nearer a new job can be very welcome.

Welshwoofs

Doooford wrote: »

the letting agent thing, I knew they were talking tosh, but they were the only ones talking tosh about long occupancy so we went with them. I think I'll try and get a 2 year fixed term next time, I think that will be our valuable lesson this time!

Also try and speak to the landlord and find out their situation. We were like you back in the years we were renting, we didn't mind improving a place if we were going to live in it for a long time. We found one landlord who was a nice lady renting out a property she'd inherited from her Grandmother and she didn't want to sell for sentimental reasons and wanted to keep it for her kids in the future. We rented with her for years, painted it all up, landscaped the garden even and had a lovely rental.

However I would sound a bit of a word of warning - we had a similar situation before that and once we'd tarted the place up were served notice because the LL suddenly decided he wanted to sell......of course he did, we'd just added a lot of value to his place with a total redecoration, new tiling and landscaped garden :rolleyes:

On this one it just sounds like you got unlucky - from the LL's perspective, having a close family dying of a terminal disease is about the worst thing you can go through in your life and you want to be near as quickly as possible and for as long as possible.

scrummy_mummy_2

Perfect example for me to demonstrate that buying properties to let them is primarily about PEOPLE management and not MONEY!!!! Too many people think buying property is all about the dosh...it is 99% about managing people, yourself, your own crises, other people's problems and steering through this to mutual benefit the best you can.

If only letting property was solely about LTV, interest rates, CGT, maintenance etc...I've let 3 properties now for 10 years and 99% of my time managing them is spent sorting out the people issues rather then the 'paperwork' bit and usually, because the properties attract younger people, it's about managing other people's lives and getting them out of stupid messes they get themselves into! I don't interfere by they way...they approach me, I'm not some sort of twisted agony aunt landlady.

Sounds like 2 challenging personal circumstances have come together in the OP post...completely agree with Clutton on your legal position by the way....but looks like everyone involved is in for a stressful few months.

Good luck anyway.

tbs624

Doooford wrote: »

I have just found a sample of the contract (which I got before the contract was ready), and it states:-
The tenant agrees that the landlord has the right to terminate the tenancy after the first (insert period) by giving the tenant not less than two months notice in writing by serving a section 21 notice to end the agreement.

I'm going to leave work early and dig out the original and hope the the (insert period) says 12 months.

You must obviously check your tenancy agreement but if your Fixed Term is 12 months then you are likely to find that the "insert period" slot is filled with the phrase "6 months". You may of course hit lucky and have an LA who has failed to complete the contract correctly..........

tbs624

Jowo wrote: »

... Indeed, even if he's happy for you to stay for the full term of 12 months, there's nothing to stop you from requesting compensation from him because he gave you the impression you would have a renewal.

:rolleyes: Except perhaps a useful inbuilt aversion to totally wasting your money on court fees and your own valuable time.

There'd be an awful lot of LLs who'd like to try that one the other way round when Ts simply up and off at the end of the Fixed Term (as they don't have to give notice to do so) even if they've given the LA/LL every impression that they'd renew.

Have you been watching too many of those shouty " get yer compo dosh here" ads on the telly?

Pee

Speak to Shelter and with the contract to hand as the wording is important. Double check the notice was given on the right day, but I do agree, the point of rented accomodation under an AST is that it is temporary and really things like new carpets and planning to be there for the long term... well, I'm sure you've learnt a lot from this experience and I'm sorry that this should happen at this time.

I didn't sell my house because the tenant was expecting a baby, but she was also a friend and I didn't want to live back in the house so it was a very different situation.

zzzLazyDaisy

Check the contract for a clause something like this....

Notice is hereby given that possession might be recovered under Ground 1, Section 2 of the Housing Act 1988 if applicable. That is, that the Landlord used to live in the Property as his or her main home; or intends to occupy the Property as his or her only or main home.

JayZed

If you have a standard 12-month AST, then there will almost certainly be a break clause that's effective after six months, and your landlord is within his rights to exercise that break clause.

I really do sympathise with your position, given the fact that you have a new baby. To be honest, though, I think the landlord is acting quite reasonably in covering your costs for decoration etc - by which I mean, it's quite right and proper that he is compensating you for these costs, but he's under no legal obligation to do so.

It's an unfortunate situation for you, but clearly the landlord didn't plan for his brother to become ill, and I don't think you have anything to gain by antagonising the landlord.

Two months should be plenty of time to find a new place, even with a new baby. If you're renting, I wouldn't worry too much about proximity to schools at this stage - you still have plenty of time!

tbs624

Useful postzzz LD, but couple of points -

1. although the LL is moving "back to the area", he/his partner may of course not have previously occupied *this* property, and

2. it sounds as though there is actually a break clause in the tenancy agreement and it is that which the LL is invoking The T says that she is checking when she gets home.

Doooford

Thanks for all of your posts, still haven't had chance to get the contract out due to having a collicky baby at home that is demanding huge amounts of our time and resources. But a couple of things just to clear up on this, firstly Jayzed, I must not have been clear in the original post. The letting agents are going to try and make sure that we don't end up paying any fees, all of the work we did on the house will be out of our own pocket and nt reimbursed. Which was expected, but just to let you know. Also, I'm not sure if you have children, but really at this point, the phrase "should be plenty of time to find a new place" couldn't be further from the truth. We are first time parents to a child who is not yet ready to stay with anyone else whilst we go house searching. We are still actually at a stage where we hardly have enough time for anything, apart from between 7pm to 4am, which is not rally any help for setting up viewings. I am having to do our shopping and household admin in my lunchbreak and tea breaks becuse when I get home it's just full on parenting.
I suppose it's plain to see that the time comment riled me a bit, we really were starting to feel the pressure at home with not having any time to ourselves anyway, and to have this on top, is really driving us to dispair, so while I appreciate your good intention, I really would strongly disagree that we actually have plenty of time
This has turned in to a bit of a rant, sorry about that, just having a stressful morning after a night of no sleep! :grouphug: