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Please advice

catnicex
catnicex Posts: 34 Forumite
Part of the Furniture Combo Breaker
edited 20 May 2015 at 8:04PM in House buying, renting & selling
[Post deleted]
«1

Comments

  • CM66
    CM66 Posts: 602 Forumite
    Part of the Furniture 500 Posts
    Give them 2 choices, they either confirm in writing that they release you from your contract early without charge or you stay up until the end of your contract and its tough if they lose their sale.

    I'm sure that will give them a kick up the bum! The LL is trying to have their cake and eat it by covering their losses on both eventualities.
  • quidsy
    quidsy Posts: 2,181 Forumite
    ^^pen to paper, reiterate that after numerous verbal agreements to release you early you have not yet received confirmation & are advising that you will have to stay until July if they do not agree in writing to release you from tenancy & without charging you for the period up to the original contract end date. If they can't do that they you will be staying until July.
    I don't respond to stupid so that's why I am ignoring you.

    2015 £2 saver #188 = £45
  • jbainbridge
    jbainbridge Posts: 2,034 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The agent and your LL are mad ... their buyer would be mad to exchange with you still in the property.

    I would make it clear to the agent / LL that they will not be able to exchange with you still there!

    They should be pleased that you have happily found somewhere else to go to and should be doing everything to assist if they are close to exchange. Your fixed term may end in July but this does not stop you staying on ... evicting you could take until Christmas!
  • jbainbridge
    jbainbridge Posts: 2,034 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Do you know if the buyers are intending to live in the property? If they are ... then they will be unable (or very unwise) to exchange with you in the house.
  • lincroft1710
    lincroft1710 Posts: 19,453 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 13 May 2015 at 2:33PM
    catnicex wrote: »
    I agree in principle, but they can surely exchange even with me still there, the tenancy would simply pass to the new landlord (with all the hassles involved btw).


    If a potential buyer asked MSE forum what we thought about buying a house with tenant in situ, our advice would be - don't!

    You are in a strong position with regard to your current LL. Although I'm not a LL, had you been my tenant and were willing to go early, I may have given you a small cash leaving present.

    As you are not being forced to end your tenancy, I doubt that you have any grounds for complaint as your LL doesn't appear to have broken any laws.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tell them you won't be leaving early, in fact tell them that you wont be leaving at all if they continue to play this game and you lose the new house. Tell them they won't have vacant possession so can not complete and it will take a court order to remove you, this can take 6 months.


    Play hard hold your nerve and they will fold before you.
  • lincroft1710
    lincroft1710 Posts: 19,453 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 13 May 2015 at 3:01PM
    But your rights as a tenant haven't been breached. As I said previously you haven't been forced to leave.

    Not every act of stupidity by a LL breaches the tenant's rights.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Have you been served with any notices?
    Well life is harsh, hug me don't reject me.
  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    OP: The possibility of your being resident in the property when the sale completes is only a problem if the purchaser is buying with a residential mortgage (sounds like this is not the case) or if the contract specifies that the property will be sold with vacant possession.

    As you previously mentioned, you would get a new landlord who would have to serve the appropriate notices to end the tenancy in order to start their renovations.
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Personally, I would resign my mind into staying put. I would then make it as difficult as possible for them to remove me, as it is clear the new buyer wants to turn the property around, not be a landlord.

    You can contact the redress scheme that the agent is a member of, and get their take on it.

    You can always sue the landlord for your losses in the interim.

    Are you in the last of a succession of fixed term tenancies?
    Well life is harsh, hug me don't reject me.
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