Landlord selling house and I'm 6 mths pregnant

GDB2222

I would just email back that unfortunately you cannot leave on 5 April. You may as well tell them the good news. You will be in breach of your contract, and you will be liable to your landlord for any losses, but I doubt that he will sue you as you seem to be pretty boracic.

You can soften the blow by giving them a date you will be moving out. How's the baby coming along?

EastMidsGal

Thanks. I'll write back and apologise and promise to let them know as soon as I have somewhere else to move to. Nothing else to do really. Not a great or ideal situation to be in but nothing else to do in the circumstances.

The baby is fine thanks. Had to spend a night in hospital last weekend but everything's ok now. Saw the consultant today and my c-section is booked for 21st April. Not long to go, feeling terrified and excited all at the same time. Thanks for asking! x

sequence

GDB2222 wrote: »

I would just email back that unfortunately you cannot leave on 5 April. You may as well tell them the good news. You will be in breach of your contract, and you will be liable to your landlord for any losses, but I doubt that he will sue you as you seem to be pretty boracic.

You can soften the blow by giving them a date you will be moving out. How's the baby coming along?

I don't think the op is liable for any losses.

GDB2222

sequence wrote: »

I don't think the op is liable for any losses.

Care to elaborate on why?

ALIBOBSY

GDB2222 wrote: »

I don't want to worry you, but did you have those symptoms in your previous pregnancy? We have had several children (well, my wife did all the hard work), and I don't recall her being particularly uncomfortable. Sure, she took things a bit easier, but she wasn't in pain. Another good reason to see your GP!

I have been through 7 pregnancies in 13 years, sadly we lost 3 over the years in miscarrages but I had 4 full term pregnancies and each was different to the last. I had pretty bad morning sickness with all of them for a full 5 months (followed by 2 months of projectile vomiting without any feeling of sickness or warning at all with the first-yes I did do this in a restaurant all over the table on honeymoon ). With my last I could barely walk at the end and felt like I was 100 not 39! With all of them I had very strong painful braxton hicks for weeks before the birth, stop start labour pains again for weeks, and painful back hip, leg etc aches all through those last weeks. So it can be very hard in those last weeks, I struggled to sleep because of the pains. Sounds like your wife was lucky!

ali x

franklee

GDB2222 wrote: »

Care to elaborate on why?

A S21 isn't a notice to quit it's a (no fault) notice informing the tenant that the landlord may be seeking possession, so arguably the tenant isn't in the wrong for staying past the S21 date. However I believe it's quite common for the landlord's court fee of 150 quid to be awarded against the tenant. I'd be surprised if the tenant was liable for the landlord's other costs, specifically a landlord should not re-let or count on the tenant moving out until he has gone through the steps of getting a possession order and enforced it properly. This will undoubtedly !!!! the landlord off and wreck any references but staying on is a must so as not to be voluntarily homeless if the local authority are going to be providing housing.

EastMidsGal, Thanks for the update, all the best and I hope you and baby keep well

EastMidsGal

ALIBOBSY wrote: »

I have been through 7 pregnancies in 13 years, sadly we lost 3 over the years in miscarrages but I had 4 full term pregnancies and each was different to the last. I had pretty bad morning sickness with all of them for a full 5 months (followed by 2 months of projectile vomiting without any feeling of sickness or warning at all with the first-yes I did do this in a restaurant all over the table on honeymoon ). With my last I could barely walk at the end and felt like I was 100 not 39! With all of them I had very strong painful braxton hicks for weeks before the birth, stop start labour pains again for weeks, and painful back hip, leg etc aches all through those last weeks. So it can be very hard in those last weeks, I struggled to sleep because of the pains. Sounds like your wife was lucky!

ali x

Sounds like me. I get more painful Braxton Hicks per day than I can keep count of and they wear me out. Can barely stand to cook dinner or do the washing up, needless to say I am not able to do much in the way of housework. Can't even walk to the end of my street without having to stop, pause and take some deep breaths because of the terrible pain in my bump and back and being so out of breath. My legs alternate between being restless and achey. Some days I have to lay stock still or I get overwhelming nausea and vomiting. The 21st April can't come soon enough.

Your wife was incredibly lucky GDB!

I am not looking forward to having to pack, it's going to be equally hard either before I have the baby or after seeing as there is a six week recovery period after the op, and for at least the first four weeks I am not allowed to push a pram let alone pack up and move house

As much as it will !!!! the LL off if I can't physically move house there's nothing much either he nor I can do. The agents have known since January I was having a baby in April.

I am so sorry to hear about the loss of your babies. I suffered a late loss years ago and I could never have imagined pain like that existed till I experienced it myself. Congratulations on your four babies x

GDB2222

franklee wrote: »

A S21 isn't a notice to quit it's a (no fault) notice informing the tenant that the landlord may be seeking possession, so arguably the tenant isn't in the wrong for staying past the S21 date. However I believe it's quite common for the landlord's court fee of 150 quid to be awarded against the tenant. I'd be surprised if the tenant was liable for the landlord's other costs, specifically a landlord should not re-let or count on the tenant moving out until he has gone through the steps of getting a possession order and enforced it properly. This will undoubtedly !!!! the landlord off and wreck any references but staying on is a must so as not to be voluntarily homeless if the local authority are going to be providing housing.

The landlord has brought the tenancy to an end already, from 5 April, I expect. The S21 is just part of the procedure to gain possession.

franklee

GDB2222 wrote: »

The landlord has brought the tenancy to an end already, from 5 April, I expect. The S21 is just part of the procedure to gain possession.

A section 21 isn't a notice to quit, it does NOT bring the tenancy to an end, if you don't believe me go and ask those clever peeps on llz

Here's a start:
http://www.landlordzone.co.uk/forums/showthread.php?32136-Section-21-Housing-Act-1988&p=245778#post245778

Or here, from a blog by top solicitors in this field::
http://blog.painsmith.co.uk/2010/08/23/after-a-section-21-notice-expires/

"Thanks to the decision of the House of Lords in Knowsley Housing Trust v White it is known that a tenancy agreement for an assured or assured shorthold tenancy does not in fact come to an end until the Court Bailiff has executed an order for possession. Therefore the service of a section 21 notice does not in itself bring a tenancy to an end."

silvercar

EastMidsGal wrote: »

I think I may have found somewhere for us to move to, so we can avoid going into a B&B, the only problem is the timing.

.....

I am going to hope the landlord will wait 2/3 weeks until we become eligible and can move in

I'm keeping fingers crossed as it is the only one I have found since I started looking around in Jan that within the LHA limits and it is pretty damn perfect, we could be really happy there

Otherwise we have made the decision to move out of London to avoid going into a B&B, we have had to be in shared accommodation before when we fled domestic violence and we both agree that there is no way we could cope again living like that, we barely held it together the first time.

Any news on the house? IS the landlord waiting for you?

Given your situation, I think you should be supervising this move from a comfy sofa and doing no more than stretching you arm to point what goes in which box and which room the furniture is put in. The "we" in the "we both agree" can do all the heavy stuff.

Given that shadow LHA rates are now available, is there any chance the council will approve the move earlier?