Landlord selling house what notice does she have to give

blueybug

So we have been renting for 15 months, all going ok till August last year after I told her about a few things that needed doing.

The boiler kept packing up (at one point after three weeks of no heat we had no choice to move out due to the cold and the smell of oil as the so called engineer made more of a problem then before )

The house was getting water in through the windows allowing all my curtains to get ruined and the house dining room damp.

The whole house is full of damp, I have mould on the walls in five rooms, mould on the carpets mould all along the windows I have to clean this every day.

In August we complained about the damp the fact that the front door is coming in because of the rotting wood and she sent someone round in February who had never came back.

The house is a damp mess and we have had enough of it.
We heard via a neighbour she needs to sell as she has over £40k neg equity in the house and I found out last week while we were both at work she took a local estate agent in to our home and got photos etc to market the house.

We got a text and letter saying due to us not buying the house from her she is selling it.

How much by law does she has to give us notice?
Also due to her failing to complete repair on the house she is expecting us to fully pain the house and get the carpets clean if the damp. This isn't caused by us it's her lack of dealing with the problem that has caused this.

Does she have rights to get us to paint/clean?

I'm praying our mortgage goes through
This has been a learning curve on renting!!

pmlindyloo

blueybug wrote: »

So we have been renting for 15 months, all going ok till August last year after I told her about a few things that needed doing.

The boiler kept packing up (at one point after three weeks of no heat we had no choice to move out due to the cold and the smell of oil as the so called engineer made more of a problem then before )

The house was getting water in through the windows allowing all my curtains to get ruined and the house dining room damp.

The whole house is full of damp, I have mould on the walls in five rooms, mould on the carpets mould all along the windows I have to clean this every day.

In August we complained about the damp the fact that the front door is coming in because of the rotting wood and she sent someone round in February who had never came back.

The house is a damp mess and we have had enough of it.
We heard via a neighbour she needs to sell as she has over £40k neg equity in the house and I found out last week while we were both at work she took a local estate agent in to our home and got photos etc to market the house.

We got a text and letter saying due to us not buying the house from her she is selling it.

How much by law does she has to give us notice?
Also due to her failing to complete repair on the house she is expecting us to fully pain the house and get the carpets clean if the damp. This isn't caused by us it's her lack of dealing with the problem that has caused this.

Does she have rights to get us to paint/clean?

I'm praying our mortgage goes through
This has been a learning curve on renting!!

So many different things to address

So, first things first.

When did your tenancy begin? Have you renewed the tenancy or are you on a periodic tenancy?

Where are you? England/Wales or Scotland? (different regs)

blueybug

Sorry

Started December 2012
Just a rolling month one I think?
England

kingstreet

If this started as an Assured Shorthold Tenancy and you have been asked to sign nothing since, it became a Statutory Periodic Tenancy on the date the AST ended.

This means you must be given two months notice in the prescribed fashion if the landlord wants to take the property back.

On the other side, you have to give one months notice.

pmlindyloo

Landlord must issue with a Section 21 with two months' notice.

Read here for the details:

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

Next question!

Is your deposit protected in a deposit protection scheme and were you issued with the prescribed information (how to get it back etc)?

blueybug

But does she have rights in telling us to clean up the mould

pmlindyloo

blueybug wrote: »

But does she have rights in telling us to clean up the mould

Please answer the question about your deposit and whether this is protected. If it isn't then you can sue the LL for up to 3 times the amount of the deposit and to get you out she would have to give you back your deposit and reissue a Section 21.

It would also give you a huge bargaining tool as regards deductions from deposit.

If your deposit is protected then your dispute about what she asks for in deductions would go through the dispute service of your deposit protection scheme.

This basically would be decided by the original inventory (no inventory then LL has no case) and/or your paperwork concerning the reporting of the repairs and the LL's failure to act upon them.

Did you follow the correct procedure for reporting the repairs as detailed here?

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

I am sorry to not be able to give you a simple answer but this kind of thing is not simple!

G_M

* Date tenancy started? (DATE!)
* Length of original fixed term (or end date)?
* Date any further agreement signed (+ length)
* Date deposit paid?
* date deposit registered and 'Prescribed Infomation' gven to you?
* Date 'Prescribed Infomation' re-issued (following new agreement or start of Periodic (rolling) tenancy?

Have you received a S21 Notice? Date served on you? Expiry date of S21?

Read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Landlord can always sell with you still there - your tenancy will continue but you'll have a new landlord. Rent and conditions do not change.

Repairs are a separate issue - se the Shelter link above.