Landlord wants to sell the house, advice please.

cantfinda

I have lived in my house for just over a year and was hoping to stay here a for a long time, then out of the blue the landlord wants to sell it, my six month contract runs out in December, does anyone know how long notice he has to give me to move out please, surely he cant just expect me to find somehwere so quick when the tenancy runs out in December, its not that easy as i have children to think of as well. At the moment im in limbo, and im worried that he will say after December i have to move out on the date the tenancy is up. Please can anyone tell me my rights please.

Jowo_2

Assuming you are in England or Wales, the landlord is obliged to issue you with written notice seeking possession of the property, which gives the tenant two months notice (this is commonly through serving an S21 notice). Many landlords issue this upfront with the original AST - did yours? If he has done so, this means that he can take you to court upon the expiry of your fixed term contract if you do not leave, otherwise he is required to issue you with written notice now whose expiry could possibly go past the end of December depending on the date of your contract.

Is your deposit in a tenancy deposit scheme? Have you negotiated with him to leave in the new year if you think this is better for finding new accommodation, for example?

The Shelter website is the best source of info for tenants. Also the citizens advice bureau can advise you of your housing rights.


http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/notice_from_the_landlord

MissMoneypenny

You will get a lot of advice if you post this on the house buying, renting and selling board
http://forums.moneysavingexpert.com/forumdisplay.php?f=16
Can you post on there or can one of the board guides move it for you?

Unfortunately, the UK is way behind our Eurpoean cousins in renting laws, where there you would have things like a 3 year fixed tenancy (which you could break but the landlord couldn't), money off the rent if your quality of life suffered (late repairs, building works outside disturbing you).
As said above, he has to give you a section 21, so check to see if you have one, but that notice has to be correct or it will get thrown out of court. Even if the section 21 is correct, you do not have to leave by the date it states. One day over the fixed term and you go onto periodic (landlord has to give 2 months notice and you give one). People on the renting board will give you more advice on this.

Has your deposit been protected in one of the three deposit schemes within 14 days of you giving the deposit? Did the landlord give you the prescribed information?

Did you check to see that you landlord had permission to let the property, from his mortgage lender?

cantfinda

I havent received anything from him at all yet, so if my tenancy agreement finishes in December then. i have at least 2 months to find somewhere else then, my rent is paid and up to date and i have never missed a payment. He hasnt handed me anything to move out as yet, i suppose he will decide when my agreement runs out as to what he is going to do.

cantfinda

Thankyou both for the above advice, i didnt pay a deposit as he said he didnt need one, and the house is owned outright by him so he has no mortgage on it.I just wish he would let me know what hes definatley doing so i am not kept in limbo.

Jowo_2

Well, in the mean time, mug up on your rights and his obligations regarding the issue of notice and keep your eye on the local rental market. Also, understand the difference between a fixed term tenancy and a periodic tenancy (the latter automatically takes place if a tenant still lives in the property after the fixed term contract expires).

Obviously it can be upsetting and expensive to move, as 99% of landlords will expect payment of a deposit upfront, usually equivalent to around a month's rent, plus there could be moving costs (removals) and agency fees if you can't find a landlord who rents their property directly to tenants.

However, be assured that he must issue you with 2 months notice which doesn't mean that you have to quit the day after your fixed term notice expires. If he's a novice (accidental) landlord then unfortunately he may be ignorant of his obligations and your rights, in which case you are in the position to firmly but diplomatically remind him of this.

Many councils operate a deposit guarantee scheme for tenants on low income or in housing need. If you think you will struggle to provide a deposit, research now if your council operates one and what the acceptance criteria is. Some councils have schemes to introduce tenants on benefits to private landlords, LHA friendly ones. Again, see if your local council operate anything like this.

MissMoneypenny

cantfinda wrote: »

I havent received anything from him at all yet, so if my tenancy agreement finishes in December then. i have at least 2 months to find somewhere else then, my rent is paid and up to date and i have never missed a payment. He hasnt handed me anything to move out as yet, i suppose he will decide when my agreement runs out as to what he is going to do.

What date is the start of your tenancy (not the rent date)? He has to give 2 months notice from the tenancy start date. ie 6th month tenancy start date is 30th June, he has to give a correctly worded section21 by 29 October which then gives the 2 months notice to December. Even then, you don't have to move out in December and can drag this out.

You have the right to quiet enjoyment and don't have to allow any prospective buyers to view the house while you are the tenant. The landlord hasn't been honest with you, so I would do them any favours if it was me. It looks like he was waiting to see what the market was doing and was quite happy to take your rent for 6 months without telling you about his intent to maybe sell by the end of the year. You could drag this out for a while until the housing market drops some more and take your time looking.

You could also write to your MP about how unjust the section21 is compared to most European counties, who are safe on their homes on the 3 year fixed tenancy. If these governments' want to use private landlords instead of social housing, then they should be bringing our renting laws up to European standards.

Dognobs

Or you could just stay put until you find a new place, (SQUATTING) This happoned to my dad not much landlords can do!

Jowo_2

Dognobs wrote: »

Or you could just stay put until you find a new place, (SQUATTING) This happoned to my dad not much landlords can do!

When a tenant stays in a property past when the landlord wishes, they do not become squatters - they remain tenants in the eyes of the law.

A tenant is entitled to remain in the property until the landlord has won their case in court and then enforced it with a bailiff to clear the property. It does mean that they breach their contract (AST) but if a tenant does not leave of their own volition and ignores the notice, this is the only way the landlord can resolve it legally.

A landlord can seek a possession order through the courts, which can be done and enforced by bailiff's within a month or two of the expiry of the notice (which can be given at the outset of the tenancy) depending on local court waiting times. This can take much longer depending on various factors.

A tenant who ignores the notice seeking possession issued by a landlord can also expect to receive no or a poor landlord reference and this can impact their future accommodation search.

The OPs best strategy is to understand their rights and negotiate with the landlord for an acceptable leaving date if the landlord is open to this.

MissMoneypenny

Jowo wrote: »

A tenant who ignores the notice seeking possession issued by a landlord can also expect to receive no or a poor landlord reference and this can impact their future accommodation search.

It's a brave or foolish person who gives a bad reference these days.

I think the sensible landlords have already realised that not giving a reference to tenants, works both ways: he won't get his tenant out quickly: he can expect his tenant to exercise their right of quiet enjoyment, so no viewings for prospective buyers until the house is empty (and no rent comes in on an empty property).

Plus not all landlords ask for references: while other landlords realise there are a lot of bad landlords out there, so ignore references from them. I didn't ask for references from my tenants, as they often aren't worth the paper they are written on.

dmg24

Dognobs wrote: »

Or you could just stay put until you find a new place, (SQUATTING) This happoned to my dad not much landlords can do!

Whilst there is little the LL can do through legal channels, there is plenty they can do informally. With children in the house, this would be a very irresponsible move.

MissMoneypenny wrote: »

It's a brave or foolish person who gives a bad reference these days.

If it is honest, I don't see why it would be foolish?