landlord selling need advise.

cherrytreebee

Good morning guys,

I wonder if anyone could help me. I currently rent a house, my tenancy ran out over a year ago so i believe im on a periodic tenancy?

Anyhow, my landlord has put the house up for sale. She didnt tell me.. the rude estate agents knocked at my door asking to arrange viewings... to which i replied ' is someone moving then' ?.. he replied ' yes you'. She could have just written a letter but thats the way she chose to inform me.

So what now?.. im being hounded by estate agents demanding i devote my life t keeping the house tidy and being home to show people round.

i work part time so i cant be here 24/7 i also have 5 children.

Shes made it clear she wants the house empty. but hasnt given me a section 21 notice yet.

I have looked around fr propertys but there is hardly any and as im classed as ' working dss' as my income isnt wonderful and i can get housing benefit im frowned apon by estate agents.

The council say they will only help with temporary accommodation once im evicted, as they dont have any houses large enough for my family. which is fair enough.

So thats the background, my questions are...

Once the section 21 is given and i dont leave what happens? ( obviously if i find a private rent that will take us ill go)

What happens if the house sells and im still waiting to be evicted?

What do they do when they evict you?

What sort of timescales am i looking at..

what rights do i have to decline viewings, ? i have given them times when im home but they ignore it and pressure me to be home.

I'm worrying myself sick, im trying to get more hours at work but they just dont have it at the moment.

Guest101

Tell the agent to foxtrot Oscar and change the locks.


Job done.

Pixie5740

If you don't want viewings taking place then tell the estate agent and your landlord that....in writing (ink, paper, stamp, proof of postage). You could be nice and offer viewings on certain days and times that are convenient to you.

If your landlord issues a valid Section 21 then once it expires she can go to court to get an eviction notice. If you still don't leave then she will need to get bailiffs to physically remove you from the property. The council will probably try and gatekeep, in other words not re-homing you until the bailiffs turf you out. See Ending/Renewing as AST for further information.

My guess is that she is going to try and keep you in the property to as close to exchange of contract as possible.

It might be possible to try and negotiate the return of your deposit early with your landlord in exchange for allowing some viewings which would help you with the costs of moving to another private rental.

Guest101

cherrytreebee wrote: »

Good morning guys,

I wonder if anyone could help me. I currently rent a house, my tenancy ran out over a year ago so i believe im on a periodic tenancy?

Anyhow, my landlord has put the house up for sale. She didnt tell me.. the rude estate agents knocked at my door asking to arrange viewings... to which i replied ' is someone moving then' ?.. he replied ' yes you'. She could have just written a letter but thats the way she chose to inform me.

So what now?.. im being hounded by estate agents demanding i devote my life t keeping the house tidy and being home to show people round.

i work part time so i cant be here 24/7 i also have 5 children.

Shes made it clear she wants the house empty. but hasnt given me a section 21 notice yet. - Good, so just ignore it.

I have looked around fr propertys but there is hardly any and as im classed as ' working dss' as my income isnt wonderful and i can get housing benefit im frowned apon by estate agents. - stay and you'll get social housing in the end.

The council say they will only help with temporary accommodation once im evicted, as they dont have any houses large enough for my family. which is fair enough. - Exactly. You currently aren't being evicted.

So thats the background, my questions are...

Once the section 21 is given and i dont leave what happens? ( obviously if i find a private rent that will take us ill go) - You stay until evicted.

What happens if the house sells and im still waiting to be evicted? - Nothing. Buyer is your new landlord.

What do they do when they evict you? - go to court

What sort of timescales am i looking at.. - minimum 3 months, probably closer to 5/6

what rights do i have to decline viewings, ? i have given them times when im home but they ignore it and pressure me to be home. - Yes, decline ALL viewings at present.

I'm worrying myself sick, im trying to get more hours at work but they just dont have it at the moment.

Relax, its YOUR home.

theartfullodger

I have looked around fr propertys but there is hardly any and as im classed as ' working dss' as my income isnt wonderful and i can get housing benefit im frowned apon by estate agents..... GUEST replied - stay and you'll get social housing in the end.

Dangerous: Since Dave's Localism Act, councils can discharge their "housing duty" by simply making an offer of a private landlord tenancy of at least 12 months: Maybe many miles away (particularly London Councils: e.g. Slough Council have been offering private lets in Birmingham, Leicester, Doncaster ...). So depending on how it's handled could either end up on a park bench or in a private let hundred miles away...

There is nothing to stop Cherrytreebee agreeing such terms as you see fit (eg written reference, now, and 50% off the rent, viewings only every 3rd Wednesday between 17:35 & 17:55..) if you wish...

I doubt the "working DSS". DSS was dissolved in 2001. There are however about 1 million working tenants getting some or all HB paid.

Otherwise yes, tell agent to F O.

m0bov

Change the locks and ignore until an S21 arrives. Is your deposit protected? If people arrived at your door and try and gain entry call 101. Deal with the landlord in writing only.

G_M

Your tenancy continues and will do untol you are served a S21 Notice.

Your contract may have a clause saying the LL can arange viewings, usually in the last month/two of the tenancy, but
a) as no S21, you're not in the last month/two, and
b) they still have o be reasonable (ie not unannounced, not too frequent etc)

Given the way the agent is handling this(badly) I'd change the lock just to be safe).

I agree it sounds like the landlord hopes to find a buyer before giving you notice. This is stupid, and greedy:

* you can make finding a buyer very hard. By not agreeing to viewings, by telling viewers all the problems with the property, by telling them you don't plan to leave, by leaving the place a mess/(smelly?) when they come etc

* many buyers are in any case wary of offering on properties with tenants (because of the above!)

But ultimataely I guess the LL will serve a S21 (perhaps when he realises he can't sell the property tenanted), and you'll have o move.

Will a S21 be valid? Did you pay a deposit? Was it registered? In time? Was the PI served (see below)?

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Guest101

G_M wrote: »

Your tenancy continues and will do untol you are served a S21 Notice.

Your contract may have a clause saying the LL can arange viewings, usually in the last month/two of the tenancy, but
a) as no S21, you're not in the last month/two, and
b) they still have o be reasonable (ie not unannounced, not too frequent etc)

Given the way the agent is handling this(badly) I'd change the lock just to be safe).

I agree it sounds like the landlord hopes to find a buyer before giving you notice. This is stupid, and greedy:

* you can make finding a buyer very hard. By not agreeing to viewings, by telling viewers all the problems with the property, by telling them you don't plan to leave, by leaving the place a mess/(smelly?) when they come etc

* many buyers are in any case wary of offering on properties with tenants (because of the above!)

But ultimataely I guess the LL will serve a S21 (perhaps when he realises he can't sell the property tenanted), and you'll have o move.

Will a S21 be valid? Did you pay a deposit? Was it registered? In time? Was the PI served (see below)?

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Hi G_M


question:


Your contract may have a clause saying the LL can arange viewings, usually in the last month/two of the tenancy, but
a) as no S21, you're not in the last month/two, and
b) they still have o be reasonable (ie not unannounced, not too frequent etc)



As a s.21 doesn't end a tenancy, then that period cannot be 'the last two months', unless I'm missing something?


The tenancy continues until bailiffs arrive, which could in itself be a month or more waiting

Marvel1

Do not clean and keep the house tidy, you are still living there, you clean etc when you leave.

You have not been given notice to leave, so do nothing.

Even if a valid section 21 is issued, it's not an eviction, just notice, only a court can evict.

Section 21 expires and still there, the landlord would have to go to court to evict you.


No viewing s and change locks, keep the old ones.

[Deleted User]

Here we go again lol.

I was in the same situation. Private LL who wanted to sell. He informed me of this about 18 months ago. I did a few viewings but after the last one when the viewer was obviously not a private LL the LL had promised he was going to sell to (not binding obviously) and only stayed for five minutes after I'd spent hour after hour making the place show room quality.., I said no more viewings. It was just too stressful. Unfortunately as the LL was the sort to criticise if the place wasn't tidy, I wasn't going to let anyone in without it being pristine.

A year later he issued a S21 (after a four year tenancy when I had great difficulty getting him to do even basic essential repairs). Once the two months notice was served, I received a Possession Order claim form from the courts, a week after the final court date I received the Possession order giving me two weeks notice to move out. Once that was up I received a bailiffs order giving me two weeks, giving a date and time when they'd call round. From issuing of the S21, even using accelerated possession, it took four months for me to be evicted. I didn't ask for any extension to the Possession Order date, but you can.

I sent all forms to the council. Some councils will put you in B&B anywhere, my council tries to place you in single room shared lettings accommodation (hostel) owned by them. I have two children with special needs, had already lined up specialists prepared to provide reports saying a single room would cause harm to my kids, so towards the end of the S21 notice period being served, I sent all this evidence to the council, they sent it to some medical review place and I was told I'd be allocated up to two bedroom emergency accommodation but they didn't know precisely what or where. Initially I was told even this wasn't available.

So it became edgier and edgier, with no real hint that accommodation would be available or provided. The bailiffs came round at 10.30.., I was told to go to the council with one of my sons (who wasn't in school) at 3pm. Presumably I was expected to wander the streets with bags etc. When I did see the council finally, they just handed me a licence to sign and gave me keys to a 2 bed maisonette.., I had turned up not knowing if anything was going to be provided lol. It was quite badly handled really. People tell you the council has to provide you with something but there's always that fear lol. It turned out the property had been empty for at least a month, no repairs had been done and it had cockroaches lol (it had been fumigated a month ago but I only heard this some time later).

So it was all made as stressful as possible by the council to be honest. Even two weeks before the eviction I was told by the council to find a private rental and they'd give me a loan to the value of £750 pcm - LHA levels for a 3 bed in this area - only problem was I couldn't move out of the area because of services being provided by the council for my sons (taken me 18 month of trying to get them, no way could I see myself starting that process again and maybe moving to an area that didn't even provide them) and there wasn't a single private rental for less than £950 (even if I could find a LL prepared to rent to a benefit recipient, which I hadn't in two years of looking)., so the loan wouldn't be given anyway. Very frustrating. I spent most of my time hitting my head against brick walls.

But it was all sorted in the end. The cockroaches were dealt with eventually (although the pesticides brought on some really bad asthma attacks in me, it kindof wasn't restful lol). I've recently been told I'll be here for years so I suppose its long term emergency accommodation. This council doesn't even try to put you in private rental elsewhere, and if they did I'd be able to argue that a move out of area would affect my children, which it would.

I think you can argue that a move out of area would affect your job.., but get advice from SHELTER about this if it happens.

The council will grab on anything to say they can't house you. Saying they don't have family properties is fairly usual. Emergency Housing is never going to be good I'm afraid, but it is better than nothing. If you can think of any reason as to why B&B or single room accommodation will cause harm to your family, start lining up the specialists now. Sorry, but its your only defence.

[Deleted User]

Some councils are a bit different but I wasn't regarded as 'homeless' until the last minute because we still had a roof over our head. Council's aren't supposed to do this (i.e. gatekeep) but they seem to be able to.

Sorry I can't offer more help.