Landlord wanting to sell, son on shielded list

sheramber

Government advice on moving homes
https://commonslibrary.parliament.uk/social-policy/health/diseases/coronavirus-advice-on-home-moves/

myoung48

sheramber said:

Government advice on moving homes
https://commonslibrary.parliament.uk/social-policy/health/diseases/coronavirus-advice-on-home-moves/

Thank you.  It's useful to have some official guidance to refer to.

letsbetfair

It's a tricky situation to be in, but you have a lot of leverage here. Worth thinking about what your best outcomes would be, and then speaking to letting agent (e.g. if you'd rather move ASAP, they may let you...if you're refusing viewings/valuation they may be more sympathetic if they know why). It would also help to know if it's likely to sell to a landlord (who may be fine with you staying). If you want, though, you could refuse to allow anyone into the property and it would take a long time before they could legally do anything about that. No obligation to do so, but you might offer video viewings (with you doing the videoing).
Putting your son's interests first makes sense. If you haven't already, it's worth chatting to his doctor about weighing up the risks and benefits of shielding as government guidance changes - which might also help to inform what you ask for...

Pinkbunny2000

greatcrested said:

* a phone call is a helpful 'heads up' but is legally meaningless.

* the LL/agent must serve a S21 Notice giving 3 months, and then apply to court - given the court backlogs, that could be another 3-6 months. You do not have to leave after 3 months.

* you do not have to allow access. If you are shielding that is a good reason to refuse. If you choose this, do it in writing, politely but firmly, and explain why.

* change the locks if you fear the LL/agent might ignore you and use their key. (keep the old lock to replace when you eventually leave).

* selling the property does not end the tenancy - only a court can do that. Or you if you so wish.

Now read

Post 4: 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?

So an S21 could take several months, but what about an S8? Would that also take several months?

greatcrested

Pinkbunny2000 said:

greatcrested said:

* a phone call is a helpful 'heads up' but is legally meaningless.

* the LL/agent must serve a S21 Notice giving 3 months, and then apply to court - given the court backlogs, that could be another 3-6 months. You do not have to leave after 3 months.

* you do not have to allow access. If you are shielding that is a good reason to refuse. If you choose this, do it in writing, politely but firmly, and explain why.

* change the locks if you fear the LL/agent might ignore you and use their key. (keep the old lock to replace when you eventually leave).

* selling the property does not end the tenancy - only a court can do that. Or you if you so wish.

Now read

Post 4: 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?

So an S21 could take several months, but what about an S8? Would that also take several months?

As you'll have seen from the link I gave you which of course you have read, the Coronavirus Act 2020 requires both S21 and S8 Notices to have 3 month expiry dates.

If I include a blue link in my post, click and read it before posting a follow-up question. The answer may be in the link.

GDB2222

Pinkbunny2000 said:

So an S21 could take several months, but what about an S8? Would that also take several months?

Is that a question relating to your personal circumstances? If so, perhaps you should start your own thread? There is no suggestion from the OP that he has done anything that could provide grounds for a S8 notice.

Pinkbunny2000

greatcrested said:

Pinkbunny2000 said:

greatcrested said:

* a phone call is a helpful 'heads up' but is legally meaningless.

* the LL/agent must serve a S21 Notice giving 3 months, and then apply to court - given the court backlogs, that could be another 3-6 months. You do not have to leave after 3 months.

* you do not have to allow access. If you are shielding that is a good reason to refuse. If you choose this, do it in writing, politely but firmly, and explain why.

* change the locks if you fear the LL/agent might ignore you and use their key. (keep the old lock to replace when you eventually leave).

* selling the property does not end the tenancy - only a court can do that. Or you if you so wish.

Now read

Post 4: 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?

So an S21 could take several months, but what about an S8? Would that also take several months?

As you'll have seen from the link I gave you which of course you have read, the Coronavirus Act 2020 requires both S21 and S8 Notices to have 3 month expiry dates.

If I include a blue link in my post, click and read it before posting a follow-up question. The answer may be in the link.

Thanks so both three months

yes I should have read it

saajan_12

Many posters will tell you you have lots of rights, between the exacting requirements of S21 notice, 3 months notice, likely backlog in court, time to a hearing and then bailiffs.. You could be in the property for another 6-12 months. Practically they can't force in for viewings / valuations etc if you change the locks, you may have contractually agreed to allowing access which they'd have to get a court to enforce (unlikely they'd bother but if they do you'd be liable for costs) 

That's all correct, but exercising those rights may / may not be in your best interests. You will eventually have to move, and cover some of the court costs. So, the uncertainty and cost of that route may be worse than eg:
-finding a new property and serving your own notice when it suits you, so you can move safely
-communciating with the LL and agreeing a mutual date for valuations / viewings / termination and cleaning procedures to minimise the risk.