Negotiating with Estate Agent

movinghelp

Thanks guys. I know he can't actually do that but just can't be bothered with the hassle. Going to wait and get a concrete completion date from the vendor before I reply to him. More worrying I still don't have the details of where our deposit is held..

DRP

movinghelp wrote: »

Thanks guys. I know he can't actually do that but just can't be bothered with the hassle. Going to wait and get a concrete completion date from the vendor before I reply to him.

Understandable.

movinghelp wrote: »

More worrying I still don't have the details of where our deposit is held..

I would definitely get that sorted out before you move - if he hasn't sorted things out it will give you leverage - plus much easier to find time now , before all the 'new house' fun starts :cool:

movinghelp

It's not as bad as it sounds we do have the deposit ID but not the repayment ID yet..

hazyjo

movinghelp wrote: »

Thanks guys. I know he can't actually do that but just can't be bothered with the hassle. Going to wait and get a concrete completion date from the vendor before I reply to him. More worrying I still don't have the details of where our deposit is held..

Is this Scotland?

If England/Wales, you won't get a completion date until you exchange - probably around 8-11 weeks away.

Jx

movinghelp

No it's in England, what I meant was a confirmed date of when his tenants will move out.

hazyjo

movinghelp wrote: »

No it's in England, what I meant was a confirmed date of when his tenants will move out.

You still can't be 100% they actually will move out - would take far longer to evict them.

As above, don't give notice on your place until you've actually exchanged. You could lose the flat before then, or it could end up taking five months to reach completion!

Jx

movinghelp

So things are slowly ticking on, survey and valuation booked and hassling the vendor to send over the draft contract via his lawyer. However, our solicitor has said it will take 8-12 weeks after they receive this to get to completion.

Our LL wants to know by the end of the month whether we will stay for another year.. So I've read the following and I know I said I wanted to avoid conflict:

Should you stay beyond the end of the fixed term - even for just one day - you will automatically become a periodic tenant. Your tenancy will run from month to month or week to week, and you will normally be able to give either 1 months’ notice or 4 weeks’ notice to end it. Your landlord can usually end a periodic tenancy by giving you 2 months notice. Most of your other tenancy rights will stay the same.

BUT for argument's sake what would happen if we said we wanted to move onto a rolling tenancy. What legally would he need to do to get us out? Serve 2 months notice?

My fear is getting our deposit back and ending up paying rent and our mortgage.. But I also don't want to pay storage or the increased cost of commuting from my OH's mums for however long..

hazyjo

You just go on to a rolling contract. You won't have to do anything. You will get your deposit back if there's no damage to property, etc. If not, fight it. Presumably it's held in one of the schemes (legal requirement). Don't sign anything saying one month at a time, it will have the same terms as being on a rolling contract.

You might well overlap on rent and mortgage by a month. Start saving/budgeting for it now. You probably have at least a couple of months.

Just tell your LL you don't know so aren't going to sign up for a year. Don't let him bully you! If he doesn't accept that, he will have to serve you two months' notice (if contract has expires). The way the dates fall for that, it'll probably give you pretty much 3 months anyway.

Jx

pinkshoes

movinghelp wrote: »

So things are slowly ticking on, survey and valuation booked and hassling the vendor to send over the draft contract via his lawyer. However, our solicitor has said it will take 8-12 weeks after they receive this to get to completion.

Our LL wants to know by the end of the month whether we will stay for another year.. So I've read the following and I know I said I wanted to avoid conflict:

Should you stay beyond the end of the fixed term - even for just one day - you will automatically become a periodic tenant. Your tenancy will run from month to month or week to week, and you will normally be able to give either 1 months’ notice or 4 weeks’ notice to end it. Your landlord can usually end a periodic tenancy by giving you 2 months notice. Most of your other tenancy rights will stay the same.

BUT for argument's sake what would happen if we said we wanted to move onto a rolling tenancy. What legally would he need to do to get us out? Serve 2 months notice?

My fear is getting our deposit back and ending up paying rent and our mortgage.. But I also don't want to pay storage or the increased cost of commuting from my OH's mums for however long..

You are buying a property that has tenants in, which could mean a VERY long time until completion. (particularly if they're after a council house!!)


Unless you're keen on potentially having to move in with family for what could be months, then I'd just go onto a rolling tenancy. Just ignore your LL, as it's no hassle for him - he can start a 12 month fixed tenancy for another tenant whenever you give your one month notice from a rent date.

Yorkie1

Your solicitor will not let you exchange contracts until the tenants have left, and you have checked the condition of the property.

Do not give notice until you have exchanged.

Otherwise you are likely to find yourself on a sticky wicket if there's any delay with the tenants. I am slightly confused by the reference to 3 months' notice - the law only requires 2, to end at the end of a tenancy period.