Help! I think im being forced out of my home... :( (section 21)

locutus12

she was a friend, I had no written aggreement. however since the house sale isnt complete yet she legally owns the home still and is willing to sign something to that effect. would that stand legally given its written two years in?

agrinnall

If she signs something that gives you tenancy for another 3 years then she will have no chance of selling the property to the current buyer, who wants (quite rightly) to take vacant posession. If the buyer is willing to complete the purchase while you are still the tenant then that would normally only happen at a large discount to the full value of the property.

To be honest I think without anything in writing you may be better finding somewhere else to live, at a price you can afford, and put some moral pressure on your friend to pay you back some of the money you spent doing the place up out of her profit from the sale.

locutus12

agrinnall wrote: »

If she signs something that gives you tenancy for another 3 years then she will have no chance of selling the property to the current buyer, who wants (quite rightly) to take vacant posession. If the buyer is willing to complete the purchase while you are still the tenant then that would normally only happen at a large discount to the full value of the property.

To be honest I think without anything in writing you may be better finding somewhere else to live, at a price you can afford, and put some moral pressure on your friend to pay you back some of the money you spent doing the place up out of her profit from the sale.

!!!!!!.

the house was marketed and sold as a sitting tennant. i.e. me. but i believe he has ran the numbers and realised he can get more than the £425 I am paying (on the back of my hard work fixing her up).

I cant find anywhere else as I cant afford the security deposit.

For example, a property at £400
minimum 6 weeks bond. £600
1 month rent up front £400
Agents fee`s £100

£1100 excluding any moving costs before ive even got a key in my hand.

As previously mentioned I am now unemployed and at the mercy of the economy. Then factor in that £425 a month gets you nothing in my city these days unless its social housing (theres an 18 month wait for 1 bed flats in the worst areas)

I cant help but think im completely screwed.

somethingcorporate

What has your "friend" got to say about the situation?

jamie11

Morally it stinks. Legally, well who knows? maybe your friend is also in a poor financial situation.

locutus12

Well in all fairness to her she rang me to ask me about the section 21 as frankly she didnt know what it was and the new land lords lawyers are refusing to complete until she issues me with one. Turns out they also want £1000 off the house for replacing a ridge tile and garden fence. Both of which ive got quotes for totalling £110.

RAS

locutus12 wrote: »

the house was marketed and sold as a sitting tennant. i.e. me. but i believe he has ran the numbers and realised he can get more than the £425 I am paying (on the back of my hard work fixing her up).

So it is not just you being screwed.

The house is being sold at a massive discount because of the sitting tenant and the buyer is insisting on vacant possession.

I am sure a few LLs on here could tell you what sort of discount we are talking about - your friend is getting maybe 20-40 % less for the house than if you were out. She is being ripped off.

The buyer has asked for the legal papers, realised that there is no written tenancy agreement and you are paying below market rent. So he knows your friend is clueless about property law and that you can be put out at 2 month's notice either before or after the sale.

Your friend should go back and demand a much higher price if she is to send a S21 and pay you a sum (say £6K) to fund your increased rent for the next three years, if she wants to sell.

jjlandlord

RAS wrote: »

The buyer has asked for the legal papers, realised that there is no written tenancy agreement and you are paying below market rent.

In which case buyer should know that all he has to do to increase the rent to the market level is to serve OP with a s.13 notice once the sale is complete.

I don't see the point of a s.21 notice as a condition of sale. If he wanted vacant possession, then it is 'vacant possession' that should be the condition (s.21 notice is the simple part, actually getting rid of the tenant is the pain).