Landlord Selling/notice period etc

wychweaver

Our landlord told us on 30th August that he was thinking of putting the house up for sale. He gave us first refusal. However, we've lived here for 2 years and know what's wrong with it!

There were a few phone calls backwards and forwards< I think he was just seeing how the land lied (he was thinking of getting a buy to let mortgage, that didn't pan out)

On 31st Sept he rang my partner and told him over the phone that he was giving us one months notice. I had a nosey around the web and have read that it should be 2 months notice and in writing. I text him to question this and was greeted with "If I lose my new house because of you, you'll be sorry. I'm not one you want to mess with" He has spoken to me since, thankfully in a better tone but I think I'm owed an apology. We have lived here for 2 years, never had a tenancy agreement, paid no bond just the first months rent up front.

Yesterday I received a phone call from an estate agent acting from our landlord informing me that people wanted to come and view. Whilst I was on the phone to her, the for sale sign went up in the garden.

I'm feeling a little irritated by all this as I am expected to show these prospective buyers around the house. I am in the mind of "why should I?" Surely it's his job or the agents job. I don't think I'm happy about complete strangers here when I don't want them to be.

We are hoping to be out by November 1st anyway so am I within my rights to say wait until then? I've already told the agents that I won't allow them in to take photo's etc until we have gone.

I have 3 lots of views coming tomorrow night all at the same time and 3 on Monday.. I think I'm being taken for a mug here somehow :mad:

I'd really appreciate any advice.

many thanks.

hazyjo

You don't have to show any viewers round/allow them access.

If you do decide to co-operate, YOU tell them when is convenient, or have set viewing days/times.

Did the LL/agent take a deposit? Is it protected?

Jx

Mr_Moo_2

You have a tenancy, even if there is nothing in writing. Hence if the LL wants to end it he needs to follow the process. If he wants to sell to someone with vacant posession then you hold a lot of the cards here.

Have a read through this (assuming you're in E &W) - http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

If you don't want to allow viewings, or want to limit them then you are entitled to do so. If you're confident you can be out quickly you might want to do this. If you want to be a touch more pragmatic that might help if things are a bit touchy. If you're being threatened or harrassed by your LL, that is a serious issue - contact the polis.

Oh and if you're hoping to be out by November, have you given him notice? Again, see the link.......

Good luck

[Deleted User]

If you don't need a reference from your landlord, you do have a right to private enjoyment, so you could refuse to show people round the property/allow viewings.

Not having a tenancy agreement does muddy the waters a little bit but as its October, its unlikely the landlord could evict you by November 1st. He would need to give you a S21 first. If you gave a deposit (did you?) he has to have protected your deposit properly and sent you the prescribed information before he can even serve a S21.

As long as you can prove you have paid your LL rent, you should have protection (although not be under a fixed term AST contract) and be due 2 months notice.., and be able to give one months notice (but better qualified people than me can comment on this).

If you do plan to move, and its a certain thing, you may well need to give a months notice or risk losing your deposit, if you gave the Landlord one.

You haven't really given enough information for proper answers.

wychweaver

hazyjo wrote: »

You don't have to show any viewers round/allow them access.

If you do decide to co-operate, YOU tell them when is convenient, or have set viewing days/times.

Did the LL/agent take a deposit? Is it protected?

Jx

No we never paid any deposit.. We thought we struck lucky as when we were looking around one agent rang us to say this house had just come to their attention and we met the landlord that afternoon. He suggested to us to bypass the agents and we agreed for it to be between just us, he didn't want a bond so we were happy.

I think I just need to know where we stand and have the right advise should I need to call on it .

wychweaver

deannatrois wrote: »

If you don't need a reference from your landlord, you do have a right to private enjoyment, so you could refuse to show people round the property/allow viewings.

Not having a tenancy agreement does muddy the waters a little bit but as its October, its unlikely the landlord could evict you by November 1st. He would need to give you a S21 first. If you gave a deposit (did you?) he has to have protected your deposit properly and sent you the prescribed information before he can even serve a S21.

As long as you can prove you have paid your LL rent, you should have protection (although not be under a fixed term AST contract) and be due 2 months notice.., and be able to give one months notice (but better qualified people than me can comment on this).

If you do plan to move, and its a certain thing, you may well need to give a months notice or risk losing your deposit, if you gave the Landlord one.

You haven't really given enough information for proper answers.

We paid no deposit..or bond, I've explained why a little further up. The proof we have of rent being paid is on my partners bank statements as a standing order each month.

We are in the process of buying a house elsewhere.

The landlord has said we might be able to stay until the 10th November... but unless my maths is totally chronic that still isn't 2 months from the date he rang my partner.

Just a little fed up!!

wychweaver

Mr_Moo wrote: »

You have a tenancy, even if there is nothing in writing. Hence if the LL wants to end it he needs to follow the process. If he wants to sell to someone with vacant posession then you hold a lot of the cards here.



If you don't want to allow viewings, or want to limit them then you are entitled to do so. If you're confident you can be out quickly you might want to do this. If you want to be a touch more pragmatic that might help if things are a bit touchy. If you're being threatened or harrassed by your LL, that is a serious issue - contact the polis.

Oh and if you're hoping to be out by November, have you given him notice? Again, see the link.......

Good luck

Do we have to give him notice? even though he's already given us it?

hazyjo

Is this Scotland? Or E&W? Just checkin'...

Jx

wychweaver

hazyjo wrote: »

Is this Scotland? Or E&W? Just checkin'...

Jx

England x:o

penguingirl

wychweaver wrote: »

Do we have to give him notice? even though he's already given us it?

But he hasn't given you notice formally (it needs to be in writing, done on the right paperwork). So yes, you should give him notice (in writing- sent from 2 different post offices with proof of postage- not recorded delivery as he can choose not to sign for that).

When is your rent day? It is not one calender month you need to give, but one rental month- so if you rent day is the 15th you need to send your notice by 15th October to leave by 15th November, if you handed in your notice on 16th October you'd have to pay rent til 15th December.

wychweaver

Had a very interesting conversation with the estate agent today.. they shouldn't have told me anything really but hey ho.

The landlord has sold this house to a building company, the building company have put it on the market. They have already had an offer given for the full asking price. The buyer has shown all proof etc and wants the house off the market.. the building company are holding out to see if they can get any more money!! so in the meantime, I've still got viewers coming...
Talk about greed... do the builders really think someone is going to pay more than the asking price??!
I'd be very tempted to tell the viewers exactly what going on but alas I am refusing to be here and may partner is going to oversee things. I just can't do it.