Section 21 Notice and wanting to buy

spooky69

Why do you assume I have not been proactive and that I am just waiting to be kicked out?

I have located their children on Facebook, the chap who looks after their house while they are away and anyone else I can to explain the situation and try to get my details through to them.

One of the owners is in the UK now but staying in or around London for reasons I will not go into (nowhere near their residential address). I'll get a letter sent to the home address just in case but it is terribly old-fashioned and usually the last thing I try to do - email is far better in so many ways, but no good if I cannot obtain an email address. I was trying to get direct contact in other ways first but will obviously have to try this as well.

The above notwithstanding, I was simply posting here in the hope of finding out what people might know about this type of situation.

lulu650

I actually meant pro-active in making contact with a cost analysis in a letter. I'd be writing that letter over and above getting on Facebook and making contact with the children.

I was reading this thread https://forums.moneysavingexpert.com/discussion/4972213
on a tenant wanting to buy. The last post on it was interesting.

Hopefully someone else might be able to come up with another idea.

spooky69

I see what you mean. That does not alter the fact that they are based outside the UK and I do not have that address though, so the chances of them seeing a letter are slim. Worth a try though. The advantages to the owner would seem obvious, which again makes me wonder what, if anything, has been said to the owner by the agents.

G_M

I'm really unsure what you want advice on, but I'll give it a go:

spooky69 wrote: »

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.
so far so good.

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.
Not unusual. They are running a business. Not pleasant but
a) you got what you wanted and
b) all history now
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.
Since you seem to know the law (Landlord & Tenant Act 1985 )
a) I assume you applied in writing and
b) I fail to understand why you apparantly gave up

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
This is perfectly plausible. LL doubtless wants to get best price
and that I am still required to leave the property even if I might end up buying it.
Landlord will be unable to get full market value with a tenant in situ. So by you staying, he will have to compromise on price.
I cannot see any reason why a conversation would not be welcomed by the landlord
See above
and I believe that the agents have probably not informed the landlord
Possible, but pure conjecture
and that they are simply protecting their interests and trying to ensure that they can get a commission,
I imagine they will get commission whether you buy, or someone else does. Most contracts between landlords and letting agents cover this eventuality.
regardless of my family being kicked out of our home to achieve this.
You use emotive language, but the reality is that any sensible LL wishing to sell will evict first.

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.
Ah. This seems to be the crux of your problem. You do not wish to comply with the S21 Notice.

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 don't understand. In post 14 above, you say "The section 21(4) that has been served has the correct date (checked against the original tenancy agreement). "

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.

See comments above

spooky69

As I said before, I wanted advice about the situation and ideally from people who had been in that situation. Some people had provided some useful comments...

For what it's worth, I didn't give up on getting the landlord's details - I got them from a neighbour and also checked online and found they were current. I also had it in writing from the agent that they refused to provide this information and they went past the 21-day limit so as far as I am aware they have committed a criminal offence and I have evidence of this. I therefore saw no reason to continue dialogue with them but I will use this at some point if at all possible.

Their behaviour that you describe as simply 'running a business' is not how I do business and not how my employees behave, but then again, I don't employ spivs. I hope that isn't too emotive.

I have already stated earlier that I checked the section 21 notice further and found it to be correct.

It is quite an assumption to state that they would have to compromise on price if I stay. They could potentially sell to me and get a price that they are happy with. They would also save money on doing up a place that has had the absolute bare minimum upkeep for the last 30 years or so. They also appear to need a quick sale from what I have found out. If they get a quick sale with potentially no commission and no costs to do the place up then that should be something that would be sufficiently attractive a proposition to warrant at least a conversation. The people who have the greatest reason for the conversation to not take place are the agents who would potentially gain no commission.

A conversation would cost nothing and quickly establish if there might be a deal to be done at a price that would be mutually acceptable - it makes no sense whatsoever to refuse a conversation. No sensible landlord would evict first if the potential buyer is already living there - what on earth would be the benefit to the landlord of refusing a conversation?

The letting agents are trying to arrange for agents from another company to come and value the place so that means the owners have not signed contracts with anyone and their sales chap said that the owners had not chosen an agent yet. In addition, the letting agent bought out the previous agency recently - this let was not arranged through the current agents and there is every chance that a commission is therefore not due for a sale with me.

The crux of the matter is NOT that I simply do not wish to comply with the section 21 - if that were the case then I would simply be asking how to do that and would not be talking about the fact that I would like to buy the house. Your implication is rather unnecessary and insulting. The simple fact of the matter is that I do not wish to have me and my family kicked out of a house that we are happy to buy without even being permitted a conversation about it. I do not think that is at all unreasonable and especially after 8 years of living there and being a reliable and extremely low-maintenance tenant. It is the case, however, that our plans as a family over the next couple of months make it almost impossible to comply with the section 21 notice. Even if I made an offer that was accepted tomorrow the chances are that it would not be completed within 2 months.

I wonder if you are a landlord?

pmlindyloo

I am at a total loss as to what you want help with.

Your first post asked to see if the Section 21 is correct. Then you appear to say that it is correct and you don't want help with this.

You then appear to want help with not being able to leave because of holidays so people tell you that you don't have to leave until the landlord gets a court order.

You say you think the LA is not passing messages on and refusing to give contact details for the LL. People have tried to help you with this.

Am I missing something and you still would like help with ???? or are you just having a rant?

I can understand your anger but personally I find some of your replies to people who are trying to help you bordering on the rude. I hope it is just the fact that your usual pleasant nature isn't coming across in your replies.

I hope things work out for you but I shan't be commenting further as I don't seem to be helping.

DaftyDuck

Charm is not one of the OP's strong points. I wonder if that is hampering his getting what he wants.

lulu650

If you look at previous posts G_M clearly knows what he's talking about and has helped many posters.

If you sit tight in your rented home until the court process is used then that will give you time to look for somewhere else to rent. That's if the landlord does not respond to written communication.

If you've made contact with the children, neighbour looking after the UK home and agent then I believe the landlord does know you want a conversation. What he doesn't know is what you can offer and how quickly you can move with your mortgage. What he thinks he can achieve on the open market compared to what you think it is worth may or may not be agreed.

G_M's made the point about the agent's non disclosure of the landlord's address. Have you put the request in writing and what is happening now? Is it further advice on that aspect you need?

spooky69

pmlindyloo wrote: »

I am at a total loss as to what you want help with.

Your first post asked to see if the Section 21 is correct. Then you appear to say that it is correct and you don't want help with this.

You then appear to want help with not being able to leave because of holidays so people tell you that you don't have to leave until the landlord gets a court order.

You say you think the LA is not passing messages on and refusing to give contact details for the LL. People have tried to help you with this.

Am I missing something and you still would like help with ???? or are you just having a rant?

I can understand your anger but personally I find some of your replies to people who are trying to help you bordering on the rude. I hope it is just the fact that your usual pleasant nature isn't coming across in your replies.

I hope things work out for you but I shan't be commenting further as I don't seem to be helping.

I was responding to a post that didn't seem particularly helpful. You and others had already been helpful.

spooky69

lulu650 wrote: »

If you look at previous posts G_M clearly knows what he's talking about and has helped many posters.

If you sit tight in your rented home until the court process is used then that will give you time to look for somewhere else to rent. That's if the landlord does not respond to written communication.

If you've made contact with the children, neighbour looking after the UK home and agent then I believe the landlord does know you want a conversation. What he doesn't know is what you can offer and how quickly you can move with your mortgage. What he thinks he can achieve on the open market compared to what you think it is worth may or may not be agreed.

G_M's made the point about the agent's non disclosure of the landlord's address. Have you put the request in writing and what is happening now? Is it further advice on that aspect you need?

The address issue had already been dealt with before that and I had not actually asked for any advice or assistance in relation to that. There is nothing further I need assistance with. I was interested in hearing from anyone who had been through the situation and a couple of people have been helpful and I thank them for that.