LL selling house - valuations/viewings while I'm still living in house

AngelPie78

Hi guys and gals,

I have been issued a Section21 by my LL and have been asked to leave the property by 3rd May [long story and another thread somewhere else...]

However, my question relates to getting the house valued and having viewings etc as the LL's wife popped over yesterday to pick something up and mentioned that they were going to get estate agents around 'soon' to come and value the property.

How does this work if me and my kids are still living in the house? I have approached the LL and offered to help with viewings and selling the house IF he lets us stay here til it's sold, so we have more time to move out [again,long story] but he doesn't seem keen on the idea. He lives 300 miles away so the house will be empty and he'll have to manage the house sale from home so I figured I'd be doing him a favour. I don't get my student loan til the end of April , so can't really start looking for somewhere else til then - which only gives us a few days to get out and I'm facing the possibility of being homeless until then.

This is our home for another few weeks, at least, and I don't really wanna live in a show home - especially with three kids/trying to pack/find somewhere to live/study for my degree etc...

Any advice would be great

x

da_rule

You do not have to allow estate agents or potential buyers in. The landlord must follow the usual route of giving you notice in the same way he would if he wanted to enter the property.

The reason why he is probably a bit jumpy about letting you stay on is because if he gives consent then I believe it could have the effect of voiding the Section 21 notice.

AngelPie78

da_rule wrote: »

You do not have to allow estate agents or potential buyers in. The landlord must follow the usual route of giving you notice in the same way he would if he wanted to enter the property.

The reason why he is probably a bit jumpy about letting you stay on is because if he gives consent then I believe it could have the effect of voiding the Section 21 notice.

Thanks for your reply - could I have to allow them in, if he gives me the 24 hours written notice then? Do I have to keep the house spotless etc for photos and the viewings? That's more my problem tbh...

Ah ok - Am happy to leave and even sign something to say I'll be out by a certain date - I just would like an extra month, if possible.

Thanks again x

da_rule

Depends on your tenancy agreement I believe, you may have to let the estate agent in as they may be classed as an agent of the landlord but you probably don't have to let viewers in.

Problem is that Section 21 notices have to give a date and often dates of completion on a house move are quite fluid and cannot be nailed down with real certainty until at least the exchange of contracts.

pmlindyloo

Have read your other thread.

Have you spoken to the council about being homeless? What did they say?

Or have you been able to find another private rental?

You do not have to leave on the specified date of your Section 21. You can stay there until the LL gets a court order which will give you more time.

I think in the circumstances you need to negotiate with the LL.

Options:

1. Stay until the LL gets a court order which should give you enough time to find somewhere.
2. Negotiate some extra time and allow viewings at your convenience.
3. Allow viewings.
4. Do not allow viewings.
5. Combination of the above.

If it were me then I would be asking the LL how you can solve this amicably.

It just needs a bit of 'give and take' on both your parts.

The LL needs to be aware that 1) you do not have to allow viewings and 2) you can stay until they get a court order. You don't have to 'threaten' - just say you have been 'advised' but obviously want to sort this out in a reasonable fashion.

Of course the best option is to find somewhere and leave on the 'required date'. Is the LL aware that you are having difficulties with finding somewhere and not having the money for deposit/rent up front? Without the facts they may think you are being awkward.

There must be some kind of agreement that you can come to. Please get anything agreed in writing.

Good luck.

AngelPie78

pmlindyloo wrote: »

Have read your other thread.

Have you spoken to the council about being homeless? What did they say?

Or have you been able to find another private rental?

You do not have to leave on the specified date of your Section 21. You can stay there until the LL gets a court order which will give you more time.

I think in the circumstances you need to negotiate with the LL.

Options:

1. Stay until the LL gets a court order which should give you enough time to find somewhere.
2. Negotiate some extra time and allow viewings at your convenience.
3. Allow viewings.
4. Do not allow viewings.
5. Combination of the above.

If it were me then I would be asking the LL how you can solve this amicably.

It just needs a bit of 'give and take' on both your parts.

The LL needs to be aware that 1) you do not have to allow viewings and 2) you can stay until they get a court order. You don't have to 'threaten' - just say you have been 'advised' but obviously want to sort this out in a reasonable fashion.

Of course the best option is to find somewhere and leave on the 'required date'. Is the LL aware that you are having difficulties with finding somewhere and not having the money for deposit/rent up front? Without the facts they may think you are being awkward.

There must be some kind of agreement that you can come to. Please get anything agreed in writing.

Good luck.

Heya thanks for taking the time to reply. I have tried every avenue I can think of at this stage, including the council, CAB and Shelter. Am not sure what I put on the other thread but, to summarise, am screwed. The council will 'allow' me to become homeless and will then put me in 'emergency accomodation' which is a B&B and I have to pay for that myself which is around £30-£40 PER NIGHT and I won't receive any housing benefit for this. This is not an option so am effectively homeless. With regards to the housing situation, I don't really 'fit' into any particular category which is why I can't find any help. I have too much income for Shelter to help me, I have children so my uni can't help, the council don't have anywhere to put me, I don't have a job or a guarantor, receive housing benefit, am a student and have kids so find *most* agencies won't touch me with a barge pole.

I also have very little money until I get my student loan so, even if I did find a private rental - which is what I'm hoping for - I can't do anything about it til the 28th April. My daughter and I looked at three houses which would have been ok but they all wanted people to move in straight away, which we can't do because we don't have the money. As a result, we have stopped looking until at least another few weeks, so that we have more of a chance of getting somewhere. I don't have any way of borrowing the money as my credit is awful. There is a scheme which can lend people who claim HB money to put down in advance and also a deposit but I 'earn' too much to qualify - likewise my Uni. The fact that I only get the bulk of the money every four months doesn't seem to come into anything!

I've spoken really amicably to my LL and he said he would 'get back to me'. That was the start of last week, then I hear this from his wife. I guess I should try and talk to him again...I've told him that I don't *have* to leave but he's very naive about the housing situation and doesn't believe me what I say that I'm totally stuck. He thinks that I can just walk into the council and they'll offer me a house. I don't really want to 'force' his hand about staying until a court order because they've been so good to me, but I feel that I have no option at the moment.

I just need a month or so, from when I get my loan, to find a house. He seems to have got everything he wants to do in his head and I can't seem to change his mind that I have nowhere to go...

I thought my proposal was good for everyone. I offered to stay in the house and 'manage' the viewings, valuations etc and any repairs he wants done (not things that I've done, but generally tidy up stuff to get the house ready to sell). Then I could stay here, the house wouldn't be empty and that gives me extra time to find somewhere. The other thing is that the house is fully furnished and he's got it into his head that a completely empty house will sell quicker. I've told him that I've been told the opposite but, again, he's quite stubborn about it all...I've not been threatening or aggressive in any way as I really like him and his wife. I just think they're a bit naive about the housing market for renting and buying...

i don't really know what to do...

pmlindyloo

I do not know who told you that you wouldn't get HB in a B&B. This is not true. If you have been put there by the council and are entitled to HB then this will be paid directly to the council.

Sorry, forgot the link:

http://england.shelter.org.uk/get_advice/homelessness/emergency_accommodation_if_homeless/bed_and_breakfast_hotels_for_homeless_people

RAS

You should also be able to claim HB to cover the rent on two properties for a month or so, enabling you to take a property and then still pay for the other one if you have to do so.

AngelPie78

In relation to pmlindyloo's post - forgot to quote it!:

Thanks...the council told me that. They also said that I would probably be in emergency accomodation for two years. I could also be put anywhere within the county and would likely be over 20 miles away. As I have no car and can't move my children's schools, then I wouldn't be able to get them to school. It looks like Shelter would help, but they can't give me any advice because I 'earn' too much

Thanks though, I guess it would need to be a very last resort.

AngelPie78

RAS wrote: »

You should also be able to claim HB to cover the rent on two properties for a month or so, enabling you to take a property and then still pay for the other one if you have to do so.

Is that true?? I have NEVER been told this? Guess it still doesn't help with the 'paying in advance' issue, but might be good to know

AngelPie78

Does anyone have anything else to add? x