Landlord Selling Home. Need some advice.

19lottie82

Good luck OP, and remember, as I advised, make sure you request your deposit back in FULL, within enough time for you to withhold rent to it's value, if it is not returned. If she kicks off, just remind her that she has broken the law as it is not protected, but you won't take it any further, providing it is returned in full.

GeekLad

Infact here is a picture of the house. This is how she wants it every time there is a viewing ... http://www.rightmove.co.uk/property-for-sale/property-38681428.html

The 4th image (master bedroom) is my childs bedroom, so it doesn't look like that. That's the room we decorated. It's now completely white. They kept that image on there because when they took the photos I had Cancer, and the room was in the processes of being decorated.

mrginge

When does your fixed term end?

ViolaLass

The state of the property during each viewing is irrelevant to the return of your deposit. What matters is what state the property is in when you leave and not before.

BitterAndTwisted

If you're present when the viewings take place you can make it clear to them that the property is currently tenanted as that's not mentioned in the agent's particulars. That should deter a fair few purchasers. So would mentioning all of the defects you can think of to them.

GeekLad

BitterAndTwisted wrote: »

If you're present when the viewings take place you can make it clear to them that the property is currently tenanted as that's not mentioned in the agent's particulars. That should deter a fair few purchasers. So would mentioning all of the defects you can think of to them.

I intend to be present from now on. I do find it highly unfair on the buyer that the problems with the property are not mentioned. I would hate to buy a house and not be told it's defects. Although, stuff like damp is visible. That's just out of good nature, not out of not wanting the landlord to sell the house lol.

GeekLad

mrginge wrote: »

When does your fixed term end?

I'll take a look at the contract but I know the fixed term is over. She said it's a "rolling contract" now on a month by month basis, but the contract does state she has to give me 2 months notice.

I was thinking maybe that's what this current visit is about, but I doubt it because she relies on my rent to pay this mortgage. She's told me that.

G_M

GeekLad wrote: »

I'll take a look at the contract but I know the fixed term is over. She said it's a "rolling contract" now on a month by month basis, but the contract does state she has to give me 2 months notice.

If it is 'rolling' (Statutory Periodic Tenancy), then

1) she needs to issue a S21 Notice giving 2 months notice, and then go to court

2) but as the deposit is not protected, the court will reject the S21 Notice

3) she will then have to:
a) return the deposit in full and
b) re-issue the S21 Notice with a new 2 months notice

as the court date will take some weeks, that is a total of around 5 - 6 months.........

GeekLad

G_M wrote: »

If it is 'rolling' (Statutory Periodic Tenancy), then

1) she needs to issue a S21 Notice giving 2 months notice, and then go to court

2) but as the deposit is not protected, the court will reject the S21 Notice

3) she will then have to:
a) return the deposit in full and
b) re-issue the S21 Notice with a new 2 months notice

as the court date will take some weeks, that is a total of around 5 - 6 months.........

Thanks for the advice mate. I really hope it doesn't come to that. I'd rather play nice, and respect it's her property. But if she insists on these ridiculous terms then I will take it that far.

bryanb

GeekLad wrote: »

But if she insists on these ridiculous terms then I will take it that far.

She cannot insist on any terms, ridiculous or not. She has to obey the law, same as everyone.