Gazzumped - any options?

VegGrower

Hi, I was wondering if anyone would be able to offer a bit of advice.

We put in an offer on our house and it was accepted. We started to get our mortgage and solicitor in place, and gave notice on our rented house (or we would have had to tie in to another contract).

Four days later and the house hasn't been taken off the market, and when we called the estate agent and asked them to do it, we were told that there has been a higher offer from someone that had already seen the house.

Apparently the offer is now with the seller, and we have to wait for a decision. I am panicking because we cannot afford to up our offer, and it looks like we will have to renew our tenancy.

Is there anything I can do to secure the house? We are first time buyers.

Thanks in advance!

moneybunny123

I would reiterate with the Estate Agents your good position - i.e. no chain, FTBs etc. They may well have forgotten to mention it to the vendors and hopefully this should go in your favour. Good luck x

tyllwyd

How much notice have you given on your tenancy? Two months? You are taking a bit of a risk, because even if the offer is accepted, it might very easily take more than two months for the sale to complete. Is there no option to go onto a rolling one-month contract with your tenancy?

wastedtalent

If you don;t renew the tenancy, does it not automatically become a rolling tenancy?

VegGrower

Ah yes it could be, I will look into the rolling contract, thanks.

shar46y

VegGrower wrote: »

We started to get our mortgage and solicitor in place, and gave notice on our rented house (or we would have had to tie in to another contract).

Don't give notice on your rental until you have exchanged contracts!

System

Surely having given notice (and accepted by LL?) this is now binding unless the LL agrees to allow it to be withdrawn.

ruggedtoast

Theb only way the LL can actually get you out is via a court order enforced by bailiffs. If you've given notice then that may remove the need for them to issue a S21, but they can't "make" you leave just because you have written to say you are going to.

System

ruggedtoast wrote: »

Theb only way the LL can actually get you out is via a court order enforced by bailiffs. If you've given notice then that may remove the need for them to issue a S21, but they can't "make" you leave just because you have written to say you are going to.

However.....

Where a tenant gives notice to quit and then does not in fact vacate the premises, staying for a few extra days the provisions of section 18 of the Distress for Rent Act 1737 come into play. This section states that to discourage tenants causing “great inconveniences … by … refusing to deliver up the possession when the landlord hath agreed with another tenant for the same” the landlord may seek double the sum normally charged in rent.

Yorkie1

I was under the impression that the OP was still in a fixed term period. How much of the above applies in that situation?

sparky26

I have recently just had an offer accepted with my contract on our rented house finishing on 5th Sept. The contracts for the new house are with the solicitors and just waiting for the OK and we managed to speak to the estate agents and agree a "rolling contract" but we have to let people view the property whilst we are still in it once we have told them the agreed date for moving. Bit of a pain but worth it not to be homeless!!!