Landlord has given us 2 months notice to leave

BitterAndTwisted

What sort of daft question is that? Not everyone in this country either earns enough to save up for a deposit and pay a mortgage or wants to. Are you aware of the numbers of properties being repossessed? Possibly because some of the owners fell under the spell of this mania for being owner-occupiers when either their salaries or circumstances later meant they could no longer maintain the payments.

tbs624

Gandalfthegrey wrote: »

Hello

We are currently renting with a private landlord. The landlords have had the house on market and have now accepted an offer. We received a hand posted letter from them yesterday giving us 2 months notice to vacate the property (by 30th March).

............We have lived in the property for 2 years now

You haven't said whether you are still within a Fixed Term AST? if you are LL cannot gain repossession before the expiry date of the FT unless you have rent arrears or have breached the tenancy in some other way.

PasturesNew wrote: »

1] The start date of the 2 months should be on/before a rent date, taking effect from the (next) rent date.

If the OP is now on a statutory periodic, after the original FT expired, then the rental period runs from the day after the original FT expires.

So, FT finished say 25th of the month, your stat p will run from 26th to 25th of subsequent months. LL would have to serve S21 to seek possession after the 25th, two months from service. It's not always a case of it lining up up with a rent due date.

Edit - OP link here so you can see what a S21 would look like.

tbs624

POPPYOSCAR wrote: »

When we moved out we let our house to someone we knew at a really cheap rate just to cover the mortgage, this enabled them to save for a deposit for a house of their own. Thankfully they vacated when asked with no problems, had they not we would have been in real trouble.

It's funny, this view on one sided benevolence.

Your Ts covered your mortgage costs for you until you were able to sell and kept the property heated and aired, presumably.

The alternative would perhaps have been you finding two lots of rent/mortgage plus trying to sell an empty property that seemed a little soulless and with a whiff of damp, postal circulars piled up behind the door.

Thankfully they vacated when asked with no problems, had they not we would have been in real trouble.

For those who want to avoid that worry/uncertainty the answer is simple - don't try to have your cake and eat it too.

tbs624

kier333 wrote: »

I personally think some of the replies on this post are Disgusting, You have rented the property for two years, in that time i assume you have had a good relationship with your LL, they have done everything correct ie given you TWO MONTHS NOTICE and still you are being advised to find ways to over stay because the Section 21 issued is not valid due to not having "SECTION 21" wrote on it.

No need to SHOUT kier333. First of all, you do not know whether the LL has "done everything correct", not least because your post reveals your ignorance of the law.

Even when a S21 has been correctly worded/dated/ served the law says that a T does not have to move out until the LL obtains a court order for possession.If a S21 is not valid it will quite rightly delay matters further. The moral of this is that people should not become LLs if they can't get to grips with how the law works.

kier333 wrote: »

So what if you have children and another on the way, LL cannot be held responsible for you getting pregnant, secondly so what if rentals are higher in the area, be grateful you got it cheap for the past two years. I personally HOPE that if you end up staying past the two Months and go to Court the Judge will see it that way also. I really angers me when people are looking for any excuse to be difficult, I think the LL has been fair and if he has sold the property then good for him, end of the day, one would assume you know it was For Sale and ultimately this day would come. If your really that unhappy then Buy your own property, failing that wait for a Council property and in the mean time pay rent to a LL.

Remember what goes around comes around and i for one would not want to tempt fate. Any decent Human being would accept it for what it was and do the right thing ie MOVE OUT as notified!

Dear oh dear. I would have thought if you believe in karma, you'd be a little less nasty

An S21 does not mean " move out by this date" - it simply means that the LL intends to seek repossession of the property *after* a specific date.

voytovdwiof

If you can't afford to save for a deposit that's fine, not all of us earn a nice enough amount to live how we desire and save for the future, but as others have mentioned that's part of what you factor in when making the decision to rent. It's all about compromise (well, isn't life?) and if you can only afford to rent and have no where else to go (eg: family) then you accept the risks. You say you knew before Christmas the sale was planned, in that case I would think planning for the worst would have been best, although that's in the past now. Put aside the fact that you have a child about to be born (that's a personal decision to make it matter) are there any areas near by that you can temporarily move to while the situation improves (Depending on your area, move into a 2 bed house a few miles away in a cheaper area and use the saved rent to put towards better accommodation in the future?) or alternatively could you look to the new homeowner as a temporary landlord? That has problems, but it'd be the best situation for them too assuming they're not in the middle of a buying/selling chain.

It is of course your legal "right" to push for as long as you can to stay, but the new homeowners must be considered. Personally I would do whatever was in my power to find a new place, even if it meant downsizing and compromising for a few months while you looked to upsize, save the ability to push for more time at this property as your last "I'm about to be made homeless and have to live on the street" resort. Think about the other people involved, what happens if the people buying the house are in your position and need a place to live with a baby on the way? Yes, your own situation takes priority but it also shouldn't be something you're willing to do unless it's the absolute last resort, it's not just you involved now.

Gandalfthegrey

Can I firstly say we have rented for 10 years now, and during that time rents have slowly creeped up and the chance of home ownership has become more and more difficult as everyone is aware. Im not an idiot who recklessly moved out and expected the country to bail me out.
I never actually asked "can someone tell me how to irritate my landlord and extend our tenancy?" we have found ourselves in a genuine situation - unfortunately life doesnt always go the way we want it to, im sorry.
We are very good at budgeting, we dont have any debts and we used to have a little savings but things came up so unfortunately that has all gone.
We have every right to have children whilst renting, it isnt immoral. As I said my other half had a better paid job and was there 7 years but !!!!!! happens and he was made redundant AFTER I was already pregnant.
We have been on the council list for years just incase in the future something happened (ie the situation we are now in) Isnt that the whole point of social housing - to help people in these situations??
As I have said, hopefully something cheap will come up, I dont want to be difficult, but as a responsible parent I am not just going to move out with nowhere to go with 2 young children.
The new buyers are fully aware there is a young family living here and saw I was heavily pregnany as all viewings were done whilst I was home.
The Landlords know full well of our situation regarding redundancy and me being pregnany, but they decided to put the house on the market.
As I said, they do not have a mortgage to pay on this house.
Yes it is perfectly resonable for them to do that, afterall this is their house, but it is also our home.
Please stop making judgements about my morals, I came on here for advice.
Thank you to those who have helped!

silvercar

tbs624 wrote: »

It's funny, this view on one sided benevolence.

Your Ts covered your mortgage costs for you until you were able to sell and kept the property heated and aired, presumably.

The alternative would perhaps have been you finding two lots of rent/mortgage plus trying to sell an empty property that seemed a little soulless and with a whiff of damp, postal circulars piled up behind the door.

For those who want to avoid that worry/uncertainty the answer is simple - don't try to have your cake and eat it too.

its called a win-win situation, nothing one sided about it. The sellers get their house occupied and the mortgage paid, the tenants get a short term rental at a cheap price.

Nothing one sided about it at all.

kier333

Gandalfthegrey wrote: »

Can I firstly say we have rented for 10 years now, and during that time rents have slowly creeped up and the chance of home ownership has become more and more difficult as everyone is aware. Im not an idiot who recklessly moved out and expected the country to bail me out.
I never actually asked "can someone tell me how to irritate my landlord and extend our tenancy?" we have found ourselves in a genuine situation - unfortunately life doesnt always go the way we want it to, im sorry.
We are very good at budgeting, we dont have any debts and we used to have a little savings but things came up so unfortunately that has all gone.
We have every right to have children whilst renting, it isnt immoral. As I said my other half had a better paid job and was there 7 years but !!!!!! happens and he was made redundant AFTER I was already pregnant.
We have been on the council list for years just incase in the future something happened (ie the situation we are now in) Isnt that the whole point of social housing - to help people in these situations??
As I have said, hopefully something cheap will come up, I dont want to be difficult, but as a responsible parent I am not just going to move out with nowhere to go with 2 young children.
The new buyers are fully aware there is a young family living here and saw I was heavily pregnany as all viewings were done whilst I was home.
The Landlords know full well of our situation regarding redundancy and me being pregnany, but they decided to put the house on the market.
As I said, they do not have a mortgage to pay on this house.
Yes it is perfectly resonable for them to do that, afterall this is their house, but it is also our home.
Please stop making judgements about my morals, I came on here for advice.
Thank you to those who have helped!

I would be very surprised if you turned up down the Council with the letter that you have to move out by XX date they would find you temporary accommodation which in turn would lead to you be offered a permanent place once one becomes available. Its my understanding that every Council has to keep a certain number of properties for this kind of scenario, and although temporary may not be ideal it will move you quite quick up the list. In effect you are being made homeless and if you are unable to afford anywhere else plus with children they will have a legal obligation to house you, if only temporary.

My point was and is to my previous post, that although you situation is not ideal,you were aware that the property was for sale and as such this day would come, I for one would take full advantage of the situation and head down to the council, letter in hand and present yourself there and ask what they will do come move out date? I think you will be pleasantly surprised that they have to re home you.

Although you may not be in the London area, i think you find this applies to all councils:

Making a Homeless Application to The City of London

If you approach the Housing Department as homeless or soon to be homeless, we will carry a homelessness assessment as required under The Housing Act 1996 Part VII and Homelessness Act 2002.
This assessment is to determine what assistance we can offer you. In order to complete our assessment we need to know more about you and your family. This may involve collecting information from both yourself and other agencies.
Why is an assessment needed?

The Council has duties laid down in legislation about how it must respond to homeless applicants, the Council has a duty to find a home for households who:

• Are 16/17 year olds who are not looked after by social services or 18 – 21 who have come out of care
• Are a pregnant woman or someone with whom dependent children usually live
• Are elderly
• Have a mental health problem or physical disability or other special reason
• Are homeless as a result of a disaster such as flood or fire
• Are vulnerable because of fleeing violence
• A person who is vulnerable as a result of having been a member of her Majesties regular naval, military or air forces
• A person who is vulnerable as a result of having served a custodial sentence
• A person who is vulnerable for any other special reason, or with whom a person resides or might reasonably be expected to reside.

Not everyone who has one of these problems will be accepted for priority housing. It will depend on each person’s individual circumstances.
What you can expect of us?

If you come into the office to make a homeless application our Housing Advice Officer will see you within 15 minutes.
Whilst we assess your application we will place you in temporary accommodation immediately if required. We will take into consideration any disability or long term health problems that you have when we assess your homeless application. We have our own medical advisor and you do not have to pay for reports from your doctor. We will aim to assess your application within 28 days, unless there are circumstances which require a longer period.


Good Luck

tbs624

silvercar wrote: »

its called a win-win situation, nothing one sided about it. The sellers get their house occupied and the mortgage paid, the tenants get a short term rental at a cheap price.

Nothing one sided about it at all.

Thanks for confirming the point which I was making.:)

neas

Gandalfthegrey wrote: »

Can I firstly say we have rented for 10 years now, and during that time rents have slowly creeped up and the chance of home ownership has become more and more difficult as everyone is aware. Im not an idiot who recklessly moved out and expected the country to bail me out.
I never actually asked "can someone tell me how to irritate my landlord and extend our tenancy?" we have found ourselves in a genuine situation - unfortunately life doesnt always go the way we want it to, im sorry.
We are very good at budgeting, we dont have any debts and we used to have a little savings but things came up so unfortunately that has all gone.
We have every right to have children whilst renting, it isnt immoral. As I said my other half had a better paid job and was there 7 years but !!!!!! happens and he was made redundant AFTER I was already pregnant.
We have been on the council list for years just incase in the future something happened (ie the situation we are now in) Isnt that the whole point of social housing - to help people in these situations??
As I have said, hopefully something cheap will come up, I dont want to be difficult, but as a responsible parent I am not just going to move out with nowhere to go with 2 young children.
The new buyers are fully aware there is a young family living here and saw I was heavily pregnany as all viewings were done whilst I was home.
The Landlords know full well of our situation regarding redundancy and me being pregnany, but they decided to put the house on the market.
As I said, they do not have a mortgage to pay on this house.
Yes it is perfectly resonable for them to do that, afterall this is their house, but it is also our home.
Please stop making judgements about my morals, I came on here for advice.
Thank you to those who have helped!

having children isnt immoral.

It is none of the landlords business about your family. Its supposed to be a very straight forward business relationship.

You got cheaper rental but understood that soon the house would be sold and you would leave on even terms within the required agreed notice of 2 months.

You have been given the 2 months notice. What makes you think it is moral or fair on the landlord or the new buyers to renege on your agreement (which is what others are suggesting.. while legal its being difficult to extend rental.. in the end you'd be turfed out anyways).

It isnt their fault your personal situations changed or you had a couple of children, which is a fine choice but unforunately your situation is costing them time and money now.