Buying house I'm renting - can landlord drag his heals to get more rent?

VicciB1986

Hi all.

So I'm currently in the process of buying the house I've been renting for the last 3 and a half years. My landlord has been hinting for over a year that he would like is to buy it so last year we decided to go ahead.
We knocked him down on price by £5000 as having lived here we are aware of what needs doing (damp, windows etc) he agreed & we applied for our mortgage.
Fast forward 5 months & we are STILL waiting for my landlords solicitors to hand over draft contracts. They are ignoring my solicitors, my landlord is apparently 'calling and visiting' them weekly - although I know he isn't as his story is different each time 'when I visited Thursday, they said it was a new application so they haven't done them yet' then I told him the mortgage is only valid another 6 weeks suddenly within 3 hours they had 'found the contracts and would be posting them the next day (Friday). Over a week later I chase again 'when I went on Monday they said they were posting them Tuesday' wait a minute, you said you went Thursday & they were posting Friday? I called you Tuesday to say they weren't received & you still maintained they were posted Friday!
Anyway he continues to have different accounts of things but meanwhile we are still living in his house & therefore paying rent (hindsight we should've stopped paying I know) and he's already obtained a further £3000 in rent whilst we have been waiting for these bloody contracts! The land searches haven't even been done yet as we NEED the contracts first.
I guess my question is, is he legally allowed to drag this on just to get more rent from us until he gets the amount he wanted? There's no point withholding rent now as he will just keep our security deposit so we won't really benefit.
Help! It's been 5 months & the mortgage offer only stands until 28th September! We were advised it could've all been completed in a month as we are sitting tenants, no chain & no estate agents!

jamei305

Yes, he can drag his heels as long as he wants. I suggest looking at other properties to purchase in the meantime. When you tell him you've found somewhere else to buy he might get his act in gear.

pinkshoes

Have you set a deadline when you want to exchange/complete by before you start looking for an alternative property? if not, do this asap and in writing.

If he hasnt got a deadline to work to, he won't.

dancingfairy

Until you've exchanged he doesn't have to sell you the house at all, no reason needed.
He doesn't sound like he wants to sell to be honest.
In terms of not paying rent, I don't think you can do that, even though you are buying it (or might be).
df

HappyMJ

VicciB1986 wrote: »

Hi all.

So I'm currently in the process of buying the house I've been renting for the last 3 and a half years. My landlord has been hinting for over a year that he would like is to buy it so last year we decided to go ahead.
We knocked him down on price by £5000 as having lived here we are aware of what needs doing (damp, windows etc) he agreed & we applied for our mortgage.
Fast forward 5 months & we are STILL waiting for my landlords solicitors to hand over draft contracts. They are ignoring my solicitors, my landlord is apparently 'calling and visiting' them weekly - although I know he isn't as his story is different each time 'when I visited Thursday, they said it was a new application so they haven't done them yet' then I told him the mortgage is only valid another 6 weeks suddenly within 3 hours they had 'found the contracts and would be posting them the next day (Friday). Over a week later I chase again 'when I went on Monday they said they were posting them Tuesday' wait a minute, you said you went Thursday & they were posting Friday? I called you Tuesday to say they weren't received & you still maintained they were posted Friday!
Anyway he continues to have different accounts of things but meanwhile we are still living in his house & therefore paying rent (hindsight we should've stopped paying I know) and he's already obtained a further £3000 in rent whilst we have been waiting for these bloody contracts! The land searches haven't even been done yet as we NEED the contracts first.
I guess my question is, is he legally allowed to drag this on just to get more rent from us until he gets the amount he wanted? There's no point withholding rent now as he will just keep our security deposit so we won't really benefit.
Help! It's been 5 months & the mortgage offer only stands until 28th September! We were advised it could've all been completed in a month as we are sitting tenants, no chain & no estate agents!

Sounds like he doesn't really want to sell. I'd look for another property. He can delay as long as he likes.

G_M

So if you had not agreed to buy his house, where would you be living? Same place? Paying same rent? You are not in a worse position.

As for stopping paying rent - on what justification? You are a tenant with a contractual agreement to pay rent in return for living there. You'll either be evicted, and /or sued for the arrears, and I doubt it will make him any keener to sell to you!

as jamei and pinshoes suggest: start looking at other properties. this is not the only one worth buying.

VicciB1986

I hear what you're saying and I've asked dos he want to sell & he insists yes he does.
With regards to not paying rent, yes we are in a contractual agreement which he isn't sticking to, things need doing which he should do according to contract but he won't fix anything as he says - I. His words 'I'm not putting any money into the house when it won't be mine much longer'
The contract says he has to do gas checks, he hasn't, boiler wasn't working? He wouldn't fix it so I paid to get it fixed, there's more that he should do CONTRACTUALLY as I am a tenant that he won't do.

martindow

VicciB1986 wrote: »

The contract says he has to do gas checks, he hasn't, boiler wasn't working? He wouldn't fix it so I paid to get it fixed, there's more that he should do CONTRACTUALLY as I am a tenant that he won't do.

Not only contractually but it is a criminal offence not having a gas check. Hope you've got a CO detector.

I think I would set a deadline for exchanging contracts and suggest that I will be contacting environmental health and HSE in due course.

Does the price you're offering reflect the state of this house?

p00hsticks

I can't really see why he would have agreed to sell in the first place if it was to his advantage to continue renting rather than sell.

Yes, he might be continuing to get your rent in the interim, but remember that when he sells he's going to potentially get a massive wad of cash (obviously depending on whether he has the property mortgaged or not) so it's not necessarily in his interests to delay.....

G_M

His repairing obligations are an entirely separate issue

VicciB1986 wrote: »

..... a contractual agreement which he isn't sticking to, things need doing which he should do according to contract but he won't fix anything as he says - I. His words 'I'm not putting any money into the house when it won't be mine much longer'
The contract says he has to do gas checks, he hasn't, boiler wasn't working? He wouldn't fix it so I paid to get it fixed, there's more that he should do CONTRACTUALLY as I am a tenant that he won't do.

Report him to HSE?

Use the Shelter process to get repairs done (and claim back via rent if necesary)

stator

Start looking for other houses. Tell him you are looking for other houses.
If he pulls his finger out, then buy it. Otherwise proceed with somewhere else.