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landlord wants to sell house

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Comments

  • hm71_2
    hm71_2 Posts: 1,980 Forumite
    Part of the Furniture Combo Breaker
    The fact is now i would like to leave early as im getting quite ill from all the stress & have been offered an ideal alternative accomadation- I cant keep going how i am
    Duct tape is like the force. It has a light side, a dark side, and it holds the world together."

    FEB challenge £128/£270 balance £142
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  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    hm71 wrote: »
    The fact is now i would like to leave early as im getting quite ill from all the stress & have been offered an ideal alternative accomadation- I cant keep going how i am
    Then what exactly is the problem?

    * landlord wants you to leave
    * you want to leave
    * you have found a new property to go to

    Everyone happy!
  • Yorkie1
    Yorkie1 Posts: 12,729 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I guess the problem may be that the LL is in financial difficulties, therefore will want to keep rent coming in until the last possible moment before sale ... hence no s.21 served yet, and might not agree to letting OP leave - leading to a void.

    But if you don't ask, OP, you'll never know!
  • If he won't let you leave early, try pointing out that it will be much easier for him to sell the house without tenants in it.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    hm71 wrote: »
    The fact is now i would like to leave early as im getting quite ill from all the stress & have been offered an ideal alternative accomadation- I cant keep going how i am
    Offer in writing to leave now by mutual agreement. Keep a copy.

    If you don't ask, you won't get. If you ask and are turned down, it puts him on the backfoot for issuing a S21 and for expecting you out on the expiry date.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • pinkshoes
    pinkshoes Posts: 20,677 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'd say you have a strong game to play here.

    I'd point out to the LL that the break clause needs to be mutual, therefore will not stand up in court, so you can remain for the full 12 months.

    I would then say that you are willing to compromise, and the tenancy to end on <date>.

    Say that if he declines this, then you will be exercising your right to quiet enjoyment of the property, and will not allow any sale viewings for the duration of the tenancy.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    pinkshoes wrote: »
    Say that if he declines this, then you will be exercising your right to quiet enjoyment of the property, and will not allow any sale viewings for the duration of the tenancy.

    I'd keep that bit up my sleeve for later if he declines to agree to an early terminisation of the agreement.
  • SuzieSue
    SuzieSue Posts: 4,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    edited 14 July 2012 at 3:28PM
    If he won't let you leave early, try pointing out that it will be much easier for him to sell the house without tenants in it.

    Very good point and actually you should say that it will be virtually impossible to sell the house with a tenant unless he is able to find another investor to buy the property and if he still refuses to let you leave early, then say that you don't have to allow viewers (as B&T has just said).
  • hm71_2
    hm71_2 Posts: 1,980 Forumite
    Part of the Furniture Combo Breaker
    just an update everyone- so i spoke to shelter brilliant charity so helpful & as stated before the clause is unenforcible-they advised me to take the friendly approach make a call to landlord suggesting mutual surrender- well he didnt answer the phone finally got back to me over a week later- said he would come round to discuss but never did so i text him o say i would put a letter through his door (drafted using advice form shelter) & delivered on friday- so fingers crossed will be in my new place soon- shelter also pointed out that i have recieved no deposit scheme info so another bargaining chip.
    cant thank you all enough for your help
    Duct tape is like the force. It has a light side, a dark side, and it holds the world together."

    FEB challenge £128/£270 balance £142
    £2 saving club £140
  • hm71_2
    hm71_2 Posts: 1,980 Forumite
    Part of the Furniture Combo Breaker
    ok, just to say a big thanks to everyone for your advice- finally got the mutual agreement back from landlord and left the property on teh 8th of august. house wa perfectly clean etc took photos to prove it incase of any problems as he kept missing inspection dates- unfortuantely a family friend was supposed to clear the loft space for me as i am unable to access it- he didnt so i got a call regarding this- i offered to go round with a friend to clear it- wasnt much there but was old he would arrange it- no mention of costs etc.. he does run a "house clearance" company so he knows what he is doing- i sent a witnessed copy of a inspection sheet detailing all matters regarding teh house inventory, decor etc with a copy for him to make any comments on etc as he would not appear at inspections- as of today i have still not had any written documentation from him apart from a text requesting return of a set of chub keys- never had them & have no idea what they are so cant do that. anyway having stated in my inspection document & accompanying letter i look forward to recieving my deposit on the 23rd of aug obviously happy for him to deduct reciepted costs of clearance of the loft space. i think he is going to be a problem with the deposit but have got a great template from shelter regarding deposit return as it has not been kept in a scheme so apparently i have the upperhand.
    Duct tape is like the force. It has a light side, a dark side, and it holds the world together."

    FEB challenge £128/£270 balance £142
    £2 saving club £140
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