Landlord selling house and I'm 6 mths pregnant

EastMidsGal

Hi

Need some advice

My one year AST runs out at the beginning of next month. Last month the EA contacted me and asked whether I wanted to renew and I said yes depending on any increase in rent etc. They said the LL was also happy to renew at the same monthly rent and they would send me a new contract for a year but on a 2 month rolling basis.

Then today the EA phoned me to say the house is on the market for sale and when can they bring prospective purchasers over to view!

I feel like they have misled me as last month they said the LL was happy to renew on the same terms and now he wants to sell up. My house is already listed on the EAs website for sale with no mention of a sitting tenant

I have a daughter and am six months pregnant, I am supposed to be taking things easy after earlier complications and I just don't know what to do! I have visions of being made to leave the week I am due to give birth

Should I ask the EA to not renew my contract when it expires next month and to serve me with notice of eviction so at least I can go to the council and get the ball rolling sooner so I am hopefully settled before my son is born. The council have already said they will help me but they can't do anything until I have been served with a notice to evict

I wasn't supposed to be in this position! I was supposed to be moving in with my partner when my tenancy expired but he walked out when I was 14 weeks pregnant and went abroad to 'clear his head'!

The house needs completely modernising and is next to a train line and whenever a freight train goes past at night the walls and our beds vibrate, sometimes we are woken at 4am with the screeching so this could slow down the sale, but even in the recession properties are being snapped up in this area. I don't want to be moving at nine months pregnant or with a very young baby, what is the best thing I can do right now or am I at the complete mercy of the EA, the LL and the council?

TIA

bitsandpieces

If you've got funds to move (or the council will help) you can look for a new private rental then give your notice. If you really want to minimise the chance of having to move with a young baby, this may be the best thing to do - make sure you move before it arrives.

If the place sells while you're in there, the Landlord will have to give you two months notice to leave. Assuming you keep paying rent, it will take them quite some additional time to go to court to evict you once this expires (which I appreciate can be stressful). With the market as it is, the place may be on the market for a long time without selling - you might find you can stay there for a year without it selling.

If you're at the end of your fixed term, the EA doesn't need to issue a new rolling contract (you go onto one automatically). Would they issue you notice if you asked? They may not see the need to do so, if you're a good tenant who pays the rent.

Sorry you've had a stressful time. It might be best to think for a day or two about what would be best for you and family. Moving is always a pain but - whether you stay in the place or move ASAP - you will find a way to get through this new problem.

Sharon87

Well you don't have to have any people over to view if you don't want to. Will make the relationship between LL and you more rocky. But legally you don't have to let anyone in the house who you don't want to. Although I would suggest moving asap if possible, or at least search. You can arrange with your LL/LA times for other people to view the house at YOUR convenience - not his if you decide to move out asap.

Good luck! And don't become too stressed about it.

EastMidsGal

Hi and thanks so much for the quick response

I haven't asked them if they will issue notice as to be honest they took me by surprise today, it was only three weeks ago that they said the LL was happy to renew on the same terms, so I thought everything was hunkydory

I have always paid the rent on time and been courteous. When they did the six month inspection they commented on how clean, tidy and well kept the house looked.

It is cheeky then that they don't really need to issue me a new contract, because they are charging me £40 for the pleasure of them issuing it! Should I refuse to pay for the new contract if I would be going onto a rolling contract anyway? Why should I pay £40 for something that is going to happen anyway?

I am going to phone the council tomorrow and see if they will let me continue to go through the rent deposit scheme to find somewhere else, I would rather have the stress of a move now and then be settled and secure, rather than feeling insecure for the next however many months. If I move now I can concentrate on enjoying the rest of my pregnancy and my son when he comes instead of always worrying where we will end up living

I haven't been served a notice 21 yet. I read somewhere else that I can refuse to allow viewings as it would affect my quiet enjoyment, can I do that? I can then see the LL giving me notice sooner, but at least it would get things moving with the council sooner. If I am still here and the house hasn't been sold by the mid April I am going to refuse viewings in the last fortnight of my pregnancy and the first month of my babys life as they would interfere with my quiet enjoyment

The EA doesn't know I am pregnant, but it would change anything if they did know would it?

molerat

You do not have to allow any viewings of the property, whilst you are the tenant it is your home. The landlord must serve a S21 notice with his intention to reclaim the property, if he has not done it already you have at least another 2 months. Is your deposit protected in one of the schemes, if not he is breaking the law and an S21 notice would be invalid. A landlord cannot evict you he can only ask you to leave. Once the notice period expires a court order would be needed to force you to leave and unfortunately many councils, although it is against the guidelines, will wait for this before re-housing you.

Someone with more knowledge of tenant law will be along soon to give better advice.

flimsier

I'm guessing it won't change anything at all, but it might make whoever is dealing with your issue a little more sympathetic. I wouldn't be shy about using it.

EastMidsGal

I vaguely remember signing something else when I signed the tenancy agreement nearly a year ago which I think might have been a Section 21 notice, however I have it in writing from the EA/LA that they didn't serve me one, so I am either mistaken or they have mislaid it/forgotten I signed one

My deposit isn't in a scheme as I went through the rent deposit scheme run by my local council. As I said the house needs complete modernisation and repair, I hope they don't falsely claim reimbursement, though the inventory was pretty thorough and I have my own pictures I took when I moved in. What makes me wonder about it is the way the eyes of the owner of the EA lit up when he found out how the scheme worked and he said you couldn't have a bigger guarantor than the council! HHmmm Maybe I am just feeling cynical and paranoid because I am annoyed that three weeks ago the LL was happy to continue and now he wants to sell. Maybe he split with his Mrs over Xmas!

I think in reality, if he can't force me out through the courts before the end of the summer I will hang on as my son will be a few months old by then and a move would be better, otherwise I will look at moving now, not ideal as I am supposed to be taking things easy and not do any lifting, so I have no idea how I am going to be able to pack and move! Grrrr

PasturesNew

Get yourself a blow up paddling pool, tell them you're pregnant.... if they ever 'insist' on a viewing, blow up the paddling pool, plonk it in the middle of the living room, fill it with water and let them in huffing and puffing and muttering "home birth" .... and pretend to be trying to contact somebody on your mobile.

They won't do it again.

EastMidsGal

LOL Ironically I am planning a homebirth, the pool is scheduled to arrive mid April haha

my_gorgeous_ellie-belle

It's funny i'm going through this right now - funny thing is our home has been on the market for just over a year with no luck but the interest is growing now.

I went through this through the pregnancy of my son and i'm certain the stress added to the fact i was very ill and in hospital with so may complications its unreal. I spent at least a 1/4 of my pregnancy in a hospital bed whereas usually i'm extremely healthy.

It does uproot you when you have viewings, you have to keep the house tidy, allow people to come in and nosey around your things (my bigest bugbear) and often waiting and waiting while prospective buyers are late to arrive.

We are having a 3rd child and i'm just feeling the stress get to me again as the viewings are picking up again, i've been back in hospital with complications already and i'm only 3 months preg.

I didn't know you could refuse viewings unless a S21 is served, we recieved a letter from our own EA's asking us to co-operate and allow viewings as we refused while i was ill before. I wish i kept this letter as it was quite blunt and almost telling us we must allow viewings.

We aren't in a situation to just up and move either do to financial problems in the past (never EVER with rent, just bad credit ratings in general) and the fact we have a slight top up with HB. We too have been told by the LA that they won't help us unless we get evicted through the courts. The housing officer also blatetly told us we weren't intitled to help being rehoused as hubby works yet if he were to lose his job they'd help us....!!!!!!?!????

Not a nice situation to be in, feels like you can't settle and the stress is something i'm sure we could both do without being pregnant and all.

I hope things sort themselves out nice and smoothly for you! x

EastMidsGal

Thank you MGBE

Well there was one family who came to view the house last Saturday and about 3-5 more different lots coming this Saturday. I am not going to bust a gut keeping the house clean and tidy, they will just have to take it as they find it.

It is worth checking your contract, in mine it says I have to allow viewings in the final month of my tenancy, however as I haven't been served notice yet I am not in my final month and technically don't have to allow viewings, but I am as in the long run it will help me more if I co-operate. Even then in the final month even though the contract says I have to allow viewings, the actual law says I don't have to, all I have to claim is that viewings will affect the 'quiet enjoyment' of my home.

I am now 25 weeks pregnant, have a child already, lost my last pregnancy, had complications in this pregnancy and it was a bit touch and go for a while, I am supposed to be taking things easy, I really don't need this

My landlord has 30 properties, he has chosen three to be put on to the market as he needs the money, I am just unfortunate my home was one of the three he chose. The estate agents have said though that if there is no interest after a month they are going to suggest to the landlord that he takes my home off the market, as ultimately I am potentially a long term tenant who always pays the rent on time and takes good care of the house, and places a different property on to the market

It is just the not knowing of when the axe will drop or if indeed I will be able to stay here. I am going to make myself scarce on Saturday when the viewings take place, but the thought of a whole load of people going round my home while I am not there, bleurgh! I am not relishing the thought!

But if I put my foot down it could force the landlords hand and he could serve me notice so he is then free to have viewings take place, where hopefully if I play along and I am lucky, either the house won't sell in the current climate or it is sold to another investor who would like a reliable responsible sitting tenant

Just a wait and keep fingers crossed game I guess

I hope your situation rectifies itself soon too, I know first hand the incredible stress an involuntary move thrust upon you is, especially when pregnant