Section 21 Notice and wanting to buy

spooky69

Around one year ago an agency bought out the agents who I rented my property through. I have been renting the property for around 8 years. The contract had never been renewed and thus was periodic.

Within a few weeks of the new agents taking over they were threatening me with eviction unless I went onto a new contract that would involve yearly fees for me and the landlord. They were also insisting that the landlord wanted more rent. I did not believe either of these statements and stood my ground. The agents eventually backed down and I was left to continue with the same rent on a period tenancy basis. During this disagreement the agents refused to disclosed the landlord's name and address, despite my repeated requests and despite letting them know that they had a legal obligation to provide this information (they tried to cite the Data Protection Act as a reason why they could not let me have this information). I have their refusal in writing and as far as I am aware this is a criminal offence.

The landlord has now decided to sell the property. I have told the agents that I am interested in buying the property and had previously let them know this. They have told me that they passed this message on to the landlord but that the landlord still wants the property to go to market and does not wish to discuss this with me until it is on the market and that I am still required to leave the property even if I might end up buying it. I cannot see any reason why a conversation would not be welcomed by the landlord and I believe that the agents have probably not informed the landlord and that they are simply protecting their interests and trying to ensure that they can get a commission, regardless of my family being kicked out of our home to achieve this.

It is simply not going to be possible to move out as holidays are booked over the next couple of months and the additional rent deposit required plus costs of moving would consequently remove the ability to get a mortgage.

The section 21 notice states eviction for a date one day before the start date of my contract. Is this something that would be useful - eviction stated one day before the contract date thus making the notice illegal?

I am struggling to contact the landlord directly as they do not live regularly at their UK address.

Any thoughts, comments or suggestions would be very much appreciated.

bouicca21

I am confused. You say you are on a statutory periodic tenancy but then say the section 21 is dated a day before your contract as if it is an AST. And do you not have the landlord's details on your original tenancy agreement?

When was the section 21 served?

spooky69

What's confusing? There was initially a contract 8 years ago and that had a start date on it. After the initial 12-month period it reverted to a periodic tenancy in the absence of a further contract being signed.

The section 21 was served recently and states a day one day prior to the start day of the initial contract. That is probably correct but there is no harm in asking if it is correct.

The landlord's details being on an 8-year old contract is irrelevant - their address can change and the agents are legally obliged to provide the information and had refused to do so - that's a simple fact and a criminal offence and it isn't something that I was particularly looking to discuss.

I was hoping for some comments or thoughts that might be helpful in my current situation before me, my wife and child are kicked out of a house that the landlord wants to sell and we are willing to buy.

pmlindyloo

As regards your landlord serving notice to end a periodic tenancy a recent court case has changed the requirements from the landlord's point of view. Now a landlord only has to give two calender months' notice.

All details here: (information further down the thread)

http://forums.moneysavingexpert.com/showpost.php?p=52421475

pmlindyloo

As regards your landlord's address there is only a requirement to give a UK address.

If this hasn't been done then you need to formally write to the LA and if they refuse this within 21 days then you can speak to a housing officer at your local council.

Hopefully a useful link:

http://www.tenantstips.com/Members-Section/Letters-You-can-write-to-landlord-and-Agents/Letter-to-letting-agent-requesting-the-landlords-full-name-and-address-under-Section-1-of-the-Landlord-and-Tenant-Act-1985#.U3eACvldXPg

If you already have a UK address then you need to write to this place and indicate your interest in buying the property. There may be some thing that has been put in place that ensures the landlord will be forwarded his mail.

Other than that you will have to wait until the property is put on the market.

I find it strange that the LAs are acting this way as regardless of who buys the property they will still get their fees.

As for the eviction notice this is a notice of repossession and ultimately the landlord would have to go to court to get an eviction order so you will have time to make arrangements one way or another.

spooky69

I have been served with a section 21(4) and not 21(1). Any idea what that means and if it is correct? I really do not want to leave (especially if I might end up buying the property and moving back in) and certainly not during family holidays and before I have the chance to either get a mortgage sorted or find another rental property if I really have to do so.

It seems utterly bizarre and just wrong to refuse discussion between a seller and a potential buyer and cause such upheaval to a family.

spooky69

pmlindyloo wrote: »

As regards your landlord's address there is only a requirement to give a UK address.

If this hasn't been done then you need to formally write to the LA and if they refuse this within 21 days then you can speak to a housing officer at your local council.

Hopefully a useful link:

http://www.tenantstips.com/Members-Section/Letters-You-can-write-to-landlord-and-Agents/Letter-to-letting-agent-requesting-the-landlords-full-name-and-address-under-Section-1-of-the-Landlord-and-Tenant-Act-1985#.U3eACvldXPg

If you already have a UK address then you need to write to this place and indicate your interest in buying the property. There may be some thing that has been put in place that ensures the landlord will be forwarded his mail.

Other than that you will have to wait until the property is put on the market.

I find it strange that the LAs are acting this way as regardless of who buys the property they will still get their fees.

As for the eviction notice this is a notice of repossession and ultimately the landlord would have to go to court to get an eviction order so you will have time to make arrangements one way or another.

They rarely spend any time at that UK address and so it is not particularly useful.

The agents might not be entitled to fees for a sale - the landlords have not yet decided whether to use the letting company's sales department or to use someone else and the original agreement was with the previous agency and not with the current one.

I think they are trying to manipulate a situation where they give themselves a chance of getting a commission.

Their behaviour makes me want to get action taken against them regarding their previous written refusal to provide the landlord's current address within 21 days.

They appear happy to kick a family out of the home they have lived in for 8 years even though the owner wants to sell and we want to buy. It makes no sense to not even permit discussion of the potential for continued rental and an easy sale without any gaps.

bouicca21

So the section 21 gives an eviction date 8 years ago? That surely cannot be valid??

DaftyDuck

Looking at it askance, the agency might be hoping to get estate agency fees from the sale: if you are able to contact the LL they may well not be able to charge them, as the information that the house was for sale didn't come from marketing the house.

buicca21 - I assume by "day" the OP means the day of monthly contract, but current year...

pmlindyloo

spooky69 wrote: »

I have been served with a section 21(4) and not 21(1). Any idea what that means and if it is correct? I really do not want to leave (especially if I might end up buying the property and moving back in) and certainly not during family holidays and before I have the chance to either get a mortgage sorted or find another rental property if I really have to do so.

It seems utterly bizarre and just wrong to refuse discussion between a seller and a potential buyer and cause such upheaval to a family.

Have you read the link I gave you?

I can't tell whether your Section 21(4) is correct as I don't know the start of your original tenancy agreement and then following on from this the start date of your periodic tenancy.

If you can't work it out from the link I gave you then you need to tell us when your tenancy began.

Is your deposit protected and were you given the correct information about it?

BitterAndTwisted

"It is simply not going to be possible to move out as holidays are booked over the next couple of months and the additional rent deposit required plus costs of moving would consequently remove the ability to get a mortgage."

This is a bit worrying. It makes it sound like you're not in a position to buy a property at all.

Still, the issue of the agent being a grasping so-and-so in attempting to get the fee out of the landlord isn't surprising but not your problem.

Sit tight and wait for the landlord/agent to get a court-date for possession. This could take several months. Meanwhile WRITE to the landlord at whatever address they have for the owner on the Land Registry website and put your proposal to them.