Please Help.Ready to exchange but Vendor found Charge on Property

G_M

Write to the landlord (yes - a proper letter) asking for confirmation of which deposit scheme he has registered it with, and the registration details.

That will be enough to highlight to him that you are aware of the problem.

Continue to pay rent (two wrongs do not make a right), but he will be a fool to raise issues over returning your deposit once he knows that you know he has failed o register.

mag85ic

Thank you very much for your reply.

I will keep paying the rent to avoid any other problem.


I have sent him a strong letter about failure to protect my deposit or give me the required information last week.

Still no answer from him..... No call or letter ...

Can he register now ?

I have also read that section 21 notice will not be valid if the deposit was not register at the time of s21 notice or the landlord failed to provide the required information.

Is this correct ?

I may be able to get some more time if he have to issue s21 again after registering deposit .

Thanks

G_M

mag85ic wrote: »

Thank you very much for your reply.

I will keep paying the rent to avoid any other problem.
Good

I have sent him a strong letter about failure to protect my deposit or give me the required information last week.
well - I suggested something more diplomatic rather than confrontational... but... whatever

Still no answer from him..... No call or letter ...

Can he register now ?
Yes - but it makes no difference to the potential legal penalty or (see below)

I have also read that section 21 notice will not be valid if the deposit was not register at the time of s21 notice or the landlord failed to provide the required information.
Correct

Is this correct ?
Yes

I may be able to get some more time if he have to issue s21 again after registering deposit .

Thanks

Registering the deposit late will not help him with the S21.

He will have to return the deposit to you, then issue a new s21 Notice with 2 months expiry date.

mag85ic

Well there is an update.


The landlord(rented house) call me back upon receiving my letter (inquiring about the deposit) and told me that he did not secure the deposit because he took the last month of tenancy rent in advance and not an deposit.

He told me that I do not need to pay current month rent.:rotfl:

And further he told me that he is not going in to court and asked me to leave by the end of the month.
I told him honestly that I am facing some problem with my house purchase and I might need some time extra and I will pay the rent accordingly.(May be October )

Update from the Purchasing House

The charge has been removed from the house I am buying..:)

But the Vendor have brought another thing up which I am very worried at the moment.

He is saying that the house he is buying are a rented house and he wants vacant possession . he is asking for price reduction if this is not the case.
I went to meet the Vendor last Thursday (11/09/2014)as he is living locally and told him about my problem ie (renting and gave notice).I offered him to exchange now and set a completion date after 4/5 weeks so he will have enough time to resolve his problem.
He listened to me and told me that he will reply us today after discussing with his wife.

So now I am waiting for his reply to me or to the solicitors.To be honestly I am not very hopeful that he will reply and just want to ask is there is any thing else I need to do to fasten the process.

Any advice will be greatly appreciated.

kingstreet

Your vendor would best be advised not to exchange contracts until the tenants have moved out of the property he is purchasing.

mag85ic

Thanks for input.

Is there is any thing which can be done to finish this stress quickly.

I am already waiting for last 6 weeks with mortgage and every thing is ready and now Vendor is taking the time ...:mad:

Voyager2002

kingstreet wrote: »

Your vendor would best be advised not to exchange contracts until the tenants have moved out of the property he is purchasing.

Your vendor will be involved in TWO contracts: for the sale of his present home (to you) and the purchase of his new home.

He would be very foolish to exchange on his purchase until the tenants have moved out (although the person selling that property would be even more foolish to do so...). However, if you are offering a good price for his present home then it might make sense for him to exchange and perhaps plan to rent for a while before buying a new home.

Your options, therefore:
i. you could put pressure on your vendor, saying that unless he exchanges by a specified date you will withdraw your offer and start looking elsewhere. That might work, but carries obvious risks;

ii. you could just sit tight in your present home, and relax while your vendor resolves his various problems. That is feasible, since the s21 from your landlord is invalid and since you did not sign a new contract you now have a 'periodic tenancy': your tenancy can be brought to an end at any point if you give one month's notice or if your landlord gives two month's notice after protecting the deposit. If you follow this route, do be sure to keep on paying your rent, no matter what your landlord says about the final month...

G_M

I'm afraid little of this is unusual.

Property buying is always stressful, and always takes longer than expected, or hoped.

The key is to accept that, and just go with the flow. Once it is over you can look back and relax.

You do not have issues with your current acomodation:
* the lndlord has said he's not going to court, so you are not about to be evicted
* he sounds flexible, so I suspect you can just tell him when your purchase Exchanges and agree a tenancy end date - at worst you'll have to give proper written notice and pay rent for a week or two overlapping with the purchase - but that is life and many people have to do this
* the seller has few options - his seller cannot evict the tenants any easier than your LL can evict you! They might leave quickly - they might not.
* he would be mad to exchange till the tenants have left unless he plans to be a landlord. Reduction in price unles very significant, would not help. Indeed, if he is getting a (residential) mortgage, the lender will simply refuse to loan the money

mag85ic

Thanks G_M for your reply ..

The vendor of the house I am buying is a cash purchaser and does not need a mortgage.

Hopefull my current landlord will be ok if I need to stay more in case providing paying the rent on time.

Looks like I have to go with the flow and hope the vendor sort out some thing soon. He told us to reply today after discussing with wife but nothing 😝.

mag85ic

Hi all

No reply from the Vendor ( no any dates given when the exchange will be expected ) 😛.

I am fed up from his/his solicitors of not being responsive.

I am going to see the vendor tonight. I will give him a deadline ... I want exchange until this Friday 19/09/2014.

If he agrees than ok if not than I am pulling out and the deal is over.

I was told in the start of process that he is planing to move with his brothers house or daughter house until his next purchase complete but he take a big U turn and now he is just delaying the process .

I want to finish this stress ...

Exchange or deal over by Friday ....