The NEW waiting to exchange thread...

kkcoco

Hello all, I bowed out for a little while as discovered we weren't even going to try to exchange/complete for another 6 weeks or so. Thought I'd come back nearer the time and congratulate those who had made it and offer updates when I had them.

Back as I just wanted to share I suppose a warning to anyone in rented trying to negotiate their way through not paying more rent than necessary etc.

I have been in my rental for almost 9 years. LL & I have always been friendly and whilst nothing has ever been fixed/updated/replaced other than things that legally had to be (despite promising to but conveniently forgetting), the rent hadn't increased so I accepted that as it allowed me to save a little more towards buying even though it felt (embarrassingly) shabby.

Anyway, we had always had an agreement that should either circumstances change, we would be as fair as possible, give each other as much notice as possible. So being the fair person I am, I told the landlord pretty early on in the process, and obviously pre exchange (I know, I know). At first, he was great, we're so happy for you, yes no problem, just keep me updated, dont even feel bad for a second it is fine. I made it very clear that I was telling him right at the start and that sales were taking a lot longer than normal but wanted to be honest etc etc. Totally fine, mentioned it was a shame as they have family members that need somewhere but didnt think the timelines would work.

Few weeks pass, nothing really changes, just text him every Friday as agreed with any updates and he was cool about it. Then a week or so ago get a phone call saying they have a tenant who has agreed to move in but only if for a specific date so I must understand 'they cant be losing money so I will need to be out for that date', but was still quite light. Explained I clearly do not wish to be here any longer than I need but I cannot promise anything, but will try. After the call, text to make it VERY CLEAR that I will not give notice until exchanged and due to the rental period even if I gave notice at the next correct point I wouldn't be out in time. No response.

Was a complete Ar-se to EA trying to push things along due to the passive aggressive pressure from LL. Realised I was being unreasonable and wasn't even doing things for my benefit. At best I would save one months rent payment in exchange for an incredibly tight timeline and a lot of stress. Not very MSE but decided I'd rather just pay an extra month and be stress free if that's what it came to.

A week later, searches back, ask EA for timeline on when vendors hoping to complete. They say month later than expected and would make the LL desired timeline so tight that whilst the stars could align, it would be unlikely. Broke the news by text to LL. No reply.

Last night get a call from LL, know he's going to moan. Politely say I'm so sorry but I just cant promise this timeline. States 'Well you now have to understand we need the property by x and you will vacate'. Me very upset and angry. Tell him I'm not giving notice so I wont be gone by that date and he cannot pressure me to leave. Says I have to give him notice, say no I don't, but you can serve me notice if you want. Replies well I think we will have as you will have to be gone. (Am fairly confident it is the family member who has sold their house, but not found another property who need to move in) Reply he needs to give a minimum of 4 months from the beginning of next rental period so that will be December. Insistent he can issue notice tomorrow for end of next month. Tell him he's misunderstood as he just cannot do that. Descends into arguing and I tell him not to call again and to do everything in writing. Legally he's in the wrong and on shaky ground trying to pressure me so although I was upset there is nothing he can do. A true shame after almost 9 years of friendliness, taking deliveries they mistakenly send here to their house etc etc.

Moral of the (LONG) story is - No matter how friendly you are, how kind you think you are being, no matter how honest a person you are in your life, follow your (and most peoples) solicitors advice. Never tell the LL you are leaving until you have exchanged and try to see any additional rent (especially on a rolling contract) as just the cost of moving. I wish I had never tried to do him a favour.

C_N_

@kkcoco
What an unneeded extra layer of stress that's added to the move on top of everything else. Do you have an up to date tenancy agreement or just the original one from 9 years ago? Are you basically on a rolling contract now or is it a renewing fixed term one? 

kkcoco

@C_N_ Its a rolling contract. Thankfully my wider family are in property/landlords etc so I'm confident of my rights but I feel sorry for anyone who perhaps isn't, or would succumb or concede to such pressure. Due to Covid, LL have to give a minimum of 4 months notice to tenants on a AST or periodic tenancy.

My solicitor is a friend and I told her the tale last night and she immediately said he must now be careful with his actions as trying to conduct an illegal eviction is a serious matter as is trying to pressure a tenant to leave without following the proper legal process. 

It's a real shame and I know for many it will be a rather long story that's not applicable to them, but I've seen so many people trying to work out when they should give notice so they can try and save a bit of money (it is MSE after all!) so wanted to share my bad experience. The saddest thing is he's actually a nice chap, he's just got a problem he's trying to solve and I'm standing in the way of that so he's hoping to illicit the outcome he wants by making things uncomfortable. I'm sure some people have given the heads up to LL ahead of giving formal notice and its all been fine, but I could never ever advise that now.

greensalad

@kkcoco thanks for your post! We're in rented and I'm dreading how to handle all of it. Our tenancy is up in January, but we have a break clause enactable from now so we were planning to use that.

Do most people wait until exchange before delivering notice?

We're actually hoping for a 1 month overlap. Paying double is annoying but we want the ability to paint the house and get new carpets fitted and slowly move over, so we're hoping for a nice bit of overlap. But not too much!

kkcoco

Hi @greensalad glad it was somewhat helpful!

Most solicitors will advise not giving notice until after exchange as that marks the point where legally the vendors and the buyers have committed to sell/buy and pulling out cannot be done without real difficulties/large financial issues. Technically anything could go wrong before that point.

I was going for a bit of an overlap anyway, maybe a week or so if possible, but was totally aware that as timelines don't always meet up you sometimes end up with say a 6 week overlap (which obviously is best avoided if at all possible). Thought I was doing the LL a favour and sticking to our almost 9 year 'gentleman's agreement' with giving the heads up albeit not yet formal notice, but as my previous post states I'd advise against this now as it's just been thrown in my face.

I'd seen lots of previous posts with people wondering if they could risk it so to speak as exchange was so close, but I wouldn't!

mjane93

I’ve been following this thread for quite some time now and we are now at the dreaded point of waiting endlessly for our exchange and completion date. 

We are FTB and purchasing a chain free home. Though it would have been a quick purchase but our solicitors have made it a nightmare. 

Currently we are waiting for our solicitor to review vendors Replies to 5 enquires. They’ve had replies back for over 3 weeks and haven’t even looked. Everything else is ready to go just waiting on that. EA has chased them today as we are all hoping to exchange and complete ASAP. 

Let’s just say I’ve never checked my email so often before in my life! 

cdp2879

mjane93 said:

I’ve been following this thread for quite some time now and we are now at the dreaded point of waiting endlessly for our exchange and completion date. 

We are FTB and purchasing a chain free home. Though it would have been a quick purchase but our solicitors have made it a nightmare. 

Currently we are waiting for our solicitor to review vendors Replies to 5 enquires. They’ve had replies back for over 3 weeks and haven’t even looked. Everything else is ready to go just waiting on that. EA has chased them today as we are all hoping to exchange and complete ASAP. 

Let’s just say I’ve never checked my email so often before in my life! 

We're in the exact same situation, except it's our seller's solicitor who has been sitting on the last 5 enquires for 3 weeks!  The seller told the EA that she'd sent over all the requested information ages ago.  I think I check my emails approximately every 30 seconds....

Annabee

Kkcoco I'd question whether your landlord is really a nice guy as you state. He may have been amiable before when things were going smoothly, but now there is a bit of inconvenience for him and his family he is showing his true colours IMO. Unless he is stupid or never bought a house (impossible obvs), he must understand the position you are in, and that you cannot just move out to suit his schedule. Not unless you go to the inconvenience of putting your things in storage and yourself in an Airbnb or a hotel or something. Do you think that's what he's expecting? Totally unreasonable, but sit tight, since legally (as you know) he can do nothing. 

Also as a responsible landlord he has the duty to keep himself updated on current landlord and tenant legislation, especially regarding extended notice periods due to the Covid crisis. If he had a less well informed tenant than yourself, one wonders what else he would be getting up to!

No, not a good man and not particularly bright either. 

This is why tenants going on to buy should never let landlords and agents know their intentions until exchange. But you know that now, that's what you get for being nice! No good deed goes unpunished, as they say. 

rakoczigabi

no no exchange for me  

No one was able to get hold of the solicitor on my purchase side …. All day long. 

I’ve messaged the seller directly if they are okey and ready. He said yeah. But no one called him. And he tried all day and couldn’t get hold of his solicitor. 

My solicitor emailed and called them and no answer. 

Back to the beginning tomorrow. 

AFF8879

Finally exchanged contracts on selling my London flat today! I’ve been paranoid about the market crashing due to COVID and everyone apparently fleeing cities, though thankfully that doesn’t seem to have happened (at least not yet). We are only going to be working in the office 2/3 days a week going forward so I’m moving out to Hampshire to be closer to my family, staying with them for the time being whilst I look for a house to buy. Can’t wait to be out in the countryside in a freehold house with a GARDEN!!